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The comments above were sent to you by Excel Pool Service. It's our response. Looks like it wasn't recognized as our response.
Liner out of track. That!s covered under warranty by Excel Pool Service. Excel will be calling you this morning to schedule the service. I will be waiting for the letter from a third party. And please attach the pictures for me to look at too.
Excel had there chance. Your company is not welcome on my property. Why in the world after all this do you think that would be possible. These communications have proven to be a waste of time. You have an offer which will be good till Friday. The letter from the other pool company just has to be picked up and sent in. Health issues have slowed me down some. And worrying about this has taken enough of my time. It seems you are very good at pushing it further and further, there will be no benefit to this. As previously stated I'm looking to resolve and be rid of this.
I do have a contractual obligation to warranty our work. Simply doing what we obligated to do based. We do understand our obligations. And I am willing to get the manufacturer involved as well.The manufacturer also has obligations. That letter you have will start that process.Because chemical damage is not covered. In the meantime please enjoy your pool. And feel better.
I am trying to understand why you think Excel is bullying you. 1. Excel Pool Service completed the job based on the agreement you signed with them. Right or wrong?2. Excel completed the job within the time frame allowed. Right or wrong?3. Excel responded to a call you placed about a wrinkle in the liner. Excel removed the wrinkle. True or false?4. Excel responded to a call you placed about 3 white spots on the new liner. The General Manager came out himself and determined that the claim was not a manufacturer' s defect. You disagreed. And you asked your credit company to reverse the charges.with false claims. The company responded. True or false? 4. You filed a complaint to BBB. With false claims. The company responded. BBB closed the case. True or false?5. You placed a negative review. With false claims. The company responded. True or false?6. You filed a complaint with people claim.com. The company responded. True or false?7. Now you are threatening with a law suit. Saying that it's only going to cost you $50 while it's going to cost the company a lot more. Who is bullying who? True or false?8. You claim you have a third party written report that the company feels can open the road to get the manufacturer involved in order to facilitate your claim. You did not respond. True or false? 9. You did not forward the third party written report as requested. Is this the bullying part?
The 3rd party letter was attached to last communication. If not I will resend.
sent it too his personal email. Another company reached out to see if they could come see it. I said yes make an appointment. They never called back to follow up
"Mr. Tramutola had signed a contract with Excel Pool Service on 3/5/2016. On March 30th we had sent our installation team out to start the process of installing Mr. Tramutola's liner and run one new return line. To address issue one of complaint-A week after the liner was installed the homeowner called and stated his liner was out of track. At that time we sent a technician out to put it back in track on 4/19.To address issue two of complaint-A week later the homeowner noticed a small wrinkle in the shallow end, Not many wrinkles, as he had stated in his claim. At that time our General Manager, Dino had went out to address the wrinkles in the pool. Once he came back to the office we dispatched our technician to removed small wrinkle in shallow end on 4/28Address issue three of complaint-As Mr. stated he feels like third is the most important, the spots on his liner. The customers' reference to those spots had not been made till after our technician had went back to tuck the liner and also correct the wrinkle in the shallow end. Our General Manager also was out the beginning of that week to inspect the wrinkle with the homeowner and again there was no reference to the stains. Excel Pool Service maintains that we did not disperse any chemicals in Mr. Tramutola's pool. Chemical damage can either fade to white or leave some print behind, depending on how long and what chemical was used. In our professional opinion the spots are clear signs of chemical damage and not a manufacturers' defect.In reference to the line not being hooked up properly this is the first time Mr. Tramutola has even brought up his alleged issue. When the line was installed the homeowners' were home and had specified where the line was to be ran. At this point in time Excel Pool Service maintains they provided a product/service that met industry as well as company standards. Any issues that may have led to the staining of homeowners' liner is not due to any negligence from our company. "
This claim will remain posted until resolved.
This isn't at all clear cut, unfortunately, without pictures or an independent witness.
You would almost have to have 3 inspections (1 chosen by the claimant, 1 by the respondent, 1 chosen by an independent party such as a local pre-trial court mediation) in order to decide whether the work is satisfactory or not. If the manufacturer of the liner does come to view the work, of course they will defend their product. As far as I can tell, however, liner manufacturers don't warrant against staining which seems to be the main issue (apart from line placement) given that the wrinkle was removed and the liner track corrected.
Just how bad IS this staining? I remember a friend sitting on my porch with me and saying how beautiful my flowers were - all I could see were the weeds I hadn't pulled.
Both parties are upset, which isn't unreasonable. The homeowner was looking forward to a beautiful, smoothly-functioning pool and feels he didn't get it, and the pool company feels that they did good work and came out in a timely manner to address possible issues.
I would suggest that both parties attach pictures and evidence to the claim to support their positions. It would be unfortunate if they can't agree here as small claims court would be the only reasonable venue. That's going to waste a lot of time for both parties and a little (admittedly not much) money.
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