Hot Tub Forum

Original => Hot Tub Forum => Topic started by: glfahlc on March 30, 2008, 11:16:30 am

Title: in a quandary...
Post by: glfahlc on March 30, 2008, 11:16:30 am
my wife and i went to one of those traveling spa shows by master spas and put a down payment on a spa and a gazebo to put it in over a year ago. my wife has chemical allergies and has since gotten high blood pressure and we no longer want those products. however the seller is insisting since we signed a contract we must purchase their product. we're willing to let them have our down payment but they don't seem to be satisfied with that. what alternative do we have.... any suggestions
Title: Re: in a quandary...
Post by: hottubdan on March 30, 2008, 11:36:44 am
Since you were a victim of false advertising, the claim of several brands competing for your business, I would tend to ignore them.

On the other hand...

Do you have a consumer help office at you district attorney's office?  Check in with them.

Do you have a consumer advocate with local TV station?  Check in with them.

If your deposit was with a credit card, check with your credit card company.
Title: Re: in a quandary...
Post by: Zep on March 30, 2008, 11:55:03 am
"my wife has chemical allergies and has since gotten high blood pressure"

I would suggest as "one piece of the puzzle" to type up a letter yourself and then ask a doctor you are close with to sign it on his letterhead, then send it certified mail to Master Spas.

I did something like this once, my doctor gladly signed it and it worked perfectly.

Something short, sweet, and vague like this.



DR. JOHN DOE INTERNAL MEDICINE MEDICAL CLINIC - DALLAS, TEXAS

April 1, 2008

To whom it may concern,

I Dr. John Doe have diagnosed Mary Jane Smith with high blood pressure and chemical allergies.  Therefore at this time I recommend that Mary Jane Smith refrain from using a hot tub and/or spa until such a time as her health issues are fully resolved.

Sincerely,

Dr. John Doe - M.D.
Title: Re: in a quandary...
Post by: wmccall on March 30, 2008, 11:56:17 am
Do you want out of this deal or all hot tubs? High blood pressure is not a prohibitor for hot tub use, I'm a living example.
Title: Re: in a quandary...
Post by: Micah on March 30, 2008, 12:32:42 pm
We always hear about a company that dose not live up to their end of a sales agreement.  You would expect them to deliver everything that they promised and install it to your standards.  If they didn't live up to their end of the agreement  we would all call them crooks.  Why would we expect anything different from the consumer.  You made a commitment.  You are trying to find a loophole to get out of it.  Why not just live up to your end of the agreement?
Title: Re: in a quandary...
Post by: Swell-Tub on March 30, 2008, 01:49:02 pm
Quote
We always hear about a company that dose not live up to their end of a sales agreement.  You would expect them to deliver everything that they promised and install it to your standards.  If they didn't live up to their end of the agreement  we would all call them crooks.  Why would we expect anything different from the consumer.  You made a commitment.  You are trying to find a loophole to get out of it.  Why not just live up to your end of the agreement?
WOW, Mr. Dealer remind me not to do business with you.
 
The consumer has medical reasons not to finish the deal and the dealer has a better chance of reselling the product and keeping the deposit for additional profit. Everyone can win if the dealer would just keep the deposit and move on. Why is it that dealers want such a big deposit, so they are protected in case the deal falls through. I have owned seven different businesses during my lifetime and the customer is always king. Several times a customer didn't finish the deal and the deposit covered my costs. I owned a wedding photography business in the late seventies and 2 weeks after the wedding they had the wedding annulled and the deposit didn't cover my expenses but it was a cost of doing business. Sorry but Micah's post got me up on a soap box.

Scott  >:(
Title: Re: in a quandary...
Post by: Micah on March 30, 2008, 02:03:12 pm
Quote
WOW, Mr. Dealer remind me not to do business with you.
 
The consumer has medical reasons not to finish the deal and the dealer has a better chance of reselling the product and keeping the deposit for additional profit. Everyone can win if the dealer would just keep the deposit and move on. Why is it that dealers want such a big deposit, so they are protected in case the deal falls through. I have owned seven different businesses during my lifetime and the customer is always king. Several times a customer didn't finish the deal and the deposit covered my costs. I owned a wedding photography business in the late seventies and 2 weeks after the wedding they had the wedding annulled and the deposit didn't cover my expenses but it was a cost of doing business. Sorry but Micah's post got me up on a soap box.

Scott  >:(
Scott,
So are you saying that when someone makes a commitment that they really don't have to live up to their side of the agreement.  Why must one side live up to an agreement but not the other.  It seems to me if you are an honest person, you live up to your word.  
For the record I think the master guys are scum.  But in this case it's not the master guys that are failing to live up to their word.
Title: Re: in a quandary...
Post by: Spatech_tuo on March 30, 2008, 02:16:39 pm
Quote
my wife and i went to one of those traveling spa shows by master spas and put a down payment on a spa and a gazebo to put it in over a year ago. my wife has chemical allergies and has since gotten high blood pressure and we no longer want those products. however the seller is insisting since we signed a contract we must purchase their product. we're willing to let them have our down payment but they don't seem to be satisfied with that. what alternative do we have.... any suggestions

Isn't the key here that they only have your down payment? While we'd like to think they would give that back full down payment returns should not necessarily be expected to be returned but under hardship it would be good customer service. We hardly expect the Master Traveling Bait and Switch Circus to do that but know they're trying to make you pay the rest and take ownership? That's BS on their part to see if you'll blink. I'd tell them I have no intention of taking ownership, good bye and "click".
Title: Re: in a quandary...
Post by: Vanguard on March 30, 2008, 03:12:21 pm
I have a question about the statement that you did this over a year ago.  I assume you have never taken delivery of the hot tub.  Why?  Was it Master delaying things or you?  If Master has delayed things, you obviously have an easy out.  If it is you, you may have a more difficult time.  One year is a long time to ask anyone to hold a product for you and then not take delivery.  

Most dealers on this forum would probably let you out of the agreement - especially since you are willing to forfeit your deposit.

However, we are talking about Master Spas.  They are scum.  They will try to get out of you what you agreed to in your contract.  

Title: Re: in a quandary...
Post by: glfahlc on March 30, 2008, 03:31:30 pm
Quote
I have a question about the statement that you did this over a year ago.  I assume you have never taken delivery of the hot tub.  Why?  Was it Master delaying things or you?  If Master has delayed things, you obviously have an easy out.  If it is you, you may have a more difficult time.  One year is a long time to ask anyone to hold a product for you and then not take delivery.  

Most dealers on this forum would probably let you out of the agreement - especially since you are willing to forfeit your deposit.

However, we are talking about Master Spas.  They are scum.  They will try to get out of you what you agreed to in your contract.  

actually it was the courts holding up the money from an estate... but in the meantime my wife acquired these maladies and i'm sure going through with the deal at this point would be a waste since i was getting it for her and she'd never use it. since i haven't established a delivery date, the tub hasn't been made and niether has the gazebo. so the dealer gets 2500.00 of my money without doing a thing. i feel like he's just being greedy at this point...
Title: Re: in a quandary...
Post by: hottubdan on March 30, 2008, 03:46:50 pm
Quote
actually it was the courts holding up the money from an estate... but in the meantime my wife acquired these maladies and i'm sure going through with the deal at this point would be a waste since i was getting it for her and she'd never use it. since i haven't established a delivery date, the tub hasn't been made and niether has the gazebo. so the dealer gets 2500.00 of my money without doing a thing. i feel like he's just being greedy at this point...

I have never had a cancellation without a request for a refund.  They do have some legitimate expenses; I am sure they paid a commission.  Beyond that, a medical condition is usually considered a valid reason for cancellation.  You should check the laws in your state.
Title: Re: in a quandary...
Post by: wewannahottub on March 30, 2008, 08:52:57 pm
Well, IMHO, it seems one major word (unless I missed it) is [size=20][/size]CONTRACT!![size=10][/size][size=11][/size] :o :o  Was there a PAPER contract (not verbal all you Judge Joe Brown fans) that may explain any of this??

Otherwise, my next path would be...just like hottubdan says---

I would start with the BBB

Then your State Attorney General

THen your local district magistrate, though that may be a more immediate relief at a cost, but you should be able to recover the court fees, as well, providing you win.

As far as your credit card---It is already past the 90 day limitation to dispute it (though maybe some cases may provide a different circumstance, with proper documentation.)

BBB and SAG can be a go between--but the SAG has more power.  I know from a business transaction with a furniture company over the internet.  BTW, NEVER use a debit card if you can use credit.  Debits leave no power to fight back.  I am still waiting to hear about that issue--and about my $1400 I know I'll never see. >:( >:( >:(

I as well agree with Swell tub, but LOOK AT WHAT THE CONTRACT SAYS!!

And, as far as high blood pressure, My best advice is check with your doc.  I personally believe the therapy may actually HELP, and throw some red wine (providing no allergies) in the mix....

Good luck.

BTW--are there particular chemical allergies your wife is allergic to??  seems there are many choices to cleaning your tub out there.

Off my soapbox for now.

Chrisi :)
Title: Re: in a quandary...
Post by: Zep on March 30, 2008, 09:40:45 pm
this would be extremely rare would it not for someone to put down $2500
for a hot tub and not take delivery for a year?

i would think even with a contract most judges and/or court appointed mediators
would say because of the medical reasons that you would only be out the deposit

i doubt a court would force you to take delivery if you cant use and do not
want the product

how much is Master asking to settle for?
Title: Re: in a quandary...
Post by: wewannahottub on March 30, 2008, 09:53:19 pm
Well, Zep, Hopefully the CONTRACT would state, time limitations, so both the consumer AND dealer would be covered.


Hey, if nothing else, sell it on EBay!!

but make sure you have a contract.... ::)
Title: Re: in a quandary...
Post by: Swell-Tub on March 31, 2008, 12:55:08 am
Quote
Scott,
So are you saying that when someone makes a commitment that they really don't have to live up to their side of the agreement.  Why must one side live up to an agreement but not the other.  It seems to me if you are an honest person, you live up to your word.  
For the record I think the master guys are scum.  But in this case it's not the master guys that are failing to live up to their word.
Micah,
Here's my problem. Who is making money and who is spending money here. What if after the order was placed the couple lost their jobs and could not afford to pay for the product what would be your thoughts? Here we have a medical situation and the tub and gazebo were never manufactured and the buyer is letting them keep $2500 profit for what? If you are in business and deal with customers then CUSTOMER SERVICE is the key to increased business. I told my employees to always take care of the customers, even if it cost me some money because they are the reason we are here. Customers are why we are here, not to sell hot tubs or gazebos. If the mighty dollar is why you do business then find another line of work. Serving people is why you do a business and if you protect your number one asset (customers) and number two asset (employees) the money will follow. Now I know you think I'm a little Polyanna about this but my life has been about customer service and I find what I just said to be the truth. Who is served by making the customer pay for something they can"t use. Now I might feel different if this was a special order or the products were manufactured and couldn't be resold or returned. OK let me step down from my soapbox now. Sorry Micah if I came on strong but this generation seems to have forgotten what it was like to sell customer service and not a product...

Scott  :-?
Title: Re: in a quandary...
Post by: thearm on March 31, 2008, 10:39:56 am
Quote
Micah,
Here's my problem. Who is making money and who is spending money here. What if after the order was placed the couple lost their jobs and could not afford to pay for the product what would be your thoughts? Here we have a medical situation and the tub and gazebo were never manufactured and the buyer is letting them keep $2500 profit for what? If you are in business and deal with customers then CUSTOMER SERVICE is the key to increased business. I told my employees to always take care of the customers, even if it cost me some money because they are the reason we are here. Customers are why we are here, not to sell hot tubs or gazebos. If the mighty dollar is why you do business then find another line of work. Serving people is why you do a business and if you protect your number one asset (customers) and number two asset (employees) the money will follow. Now I know you think I'm a little Polyanna about this but my life has been about customer service and I find what I just said to be the truth. Who is served by making the customer pay for something they can"t use. Now I might feel different if this was a special order or the products were manufactured and couldn't be resold or returned. OK let me step down from my soapbox now. Sorry Micah if I came on strong but this generation seems to have forgotten what it was like to sell customer service and not a product...

Scott  :-?

Scott,
I have to agree with Micah on this one. A contract is between two people and both should have to honor it. Everyone hammers the dealers on here for not doing something that was perceived or promised for the customer. In this case the customer has kept the dealer waiting for over a year and now wants to cancel. Why shouldn't the dealer have the right to ship the tub? I'll bet if the shoe was on the other foot, everybody would be condeming the dealer. It's far to easy today to blame everyone else for your bad decisions. I know of several people with hypertension who use hot tubs. As for the chemical allergies, there are several alternatives to be used in a spa. Bottom line you signed a contract and should honor that.
Title: Re: in a quandary...
Post by: wewannahottub on March 31, 2008, 10:48:49 am
has glfahlc stated yet what was in the contract about deposits and cancellations??

I'd be interested.... :-?
Title: Re: in a quandary...
Post by: hottubdan on March 31, 2008, 11:09:27 am
Quote

Scott,
I have to agree with Micah on this one. A contract is between two people and both should have to honor it. Everyone hammers the dealers on here for not doing something that was perceived or promised for the customer. In this case the customer has kept the dealer waiting for over a year and now wants to cancel. Why shouldn't the dealer have the right to ship the tub? I'll bet if the shoe was on the other foot, everybody would be condeming the dealer. It's far to easy today to blame everyone else for your bad decisions. I know of several people with hypertension who use hot tubs. As for the chemical allergies, there are several alternatives to be used in a spa. Bottom line you signed a contract and should honor that.
Here are a few more questions:

1)  Is there a dealer involved or just the manufacturer?  It was a Master Show.
2)  Has the spa been built and shipped somewhere?  I will bet not.
3)  If there is a dealer and no spa has been built and shipped, then where is the damage?  Customer is willing to give up $2500 deposit and get nothing in return.
4)  As a test, I would bet if the customer demanded immediate delivery, it could not happen because product still has to be built.

Sure a contract is a contract.  And there are always ways out.  Unfortunately, when push comes to shove, that is what the legal system is for.

Either party could sue.  Then they would both lose! ;)
Title: Re: in a quandary...
Post by: Spatech_tuo on March 31, 2008, 11:36:32 am

If the owner does not live up to their end of the bargain they are subject to forfeiture of their deposit. How does it go beyond that?
Title: Re: in a quandary...
Post by: Swell-Tub on March 31, 2008, 11:43:09 am
So what has the dealer done to deserve the business?
Nothing has been manufacturered or delivered. He wrote a contract and is going to get $2500 for his pensmanship. Give me a break if Master Spa's plant caught on fire they would be walking away from the contract. If they had suffered financial loss because a tub was built for this customer then I might sing another tune, but they in no way deserve the business because a contract is a contract.

I wrote a contract on a new car a few weeks ago. The dealer let me know that the contract was not valid until I drove the car over the dealerships curb. In other words I could cancel my purchase right up until I drove away the product I purchased and took posession of. I gave them a $10K deposit on the car and I was told it was fully refundable until I drove it over the curb.

OK, I have driven my point of view into the ground here, I'm going to do my best to let it drop.

Scott  :-X
Title: Re: in a quandary...
Post by: Swell-Tub on March 31, 2008, 11:44:24 am
Quote
If the owner does not live up to their end of the bargain they are subject to forfeiture of their deposit. How does it go beyond that?

Perfect.......
Title: Re: in a quandary...
Post by: glfahlc on March 31, 2008, 01:21:57 pm
Quote
has glfahlc stated yet what was in the contract about deposits and cancellations??

I'd be interested.... :-?
i'm just going from memory here but i'm sure the contract said in the tiniest of print that if you did not take delivery within a year then you would forfiet the deposit... this  master dealer out of lancaster, pa. is trying to see if he can force me into taking a spa against my wishes. no the tub hasn't been made nor has the gazebo.... who loses out here? i would think me and i'm willing to do that. why would anyone dispute that.
Title: Re: in a quandary...
Post by: glfahlc on March 31, 2008, 01:26:06 pm
i also appreciate the running diatribe on ethics we have going here, but who's being unethical... me for giving this dealer 2500.00 of our hard earned money or the dealer for trying to force to buy his product that we no longer want...
Title: Re: in a quandary...
Post by: Water Boy on March 31, 2008, 01:29:47 pm
Sometimes you just have to do the right thing. It isn’t like the customer is backing out to go buy a different spa. He has legtiment reasons to cancel his order, and the dealer should be understanding of it.

We had a similar situation a few months back where a customer had put 3k down on a spa, and came in 6 months later and told me that the engine in his truck blew up, and their foundation settled in their house and had to put in another 6k in there house. He asked nicely for a refund of his deposit to help cover the other expenses. It was a no brainer to me, and we wrote him a check right there. I just felt that it is the right thing to do, and in this situation, I feel that the customer is entitled to there money as well, imo.
Title: Re: in a quandary...
Post by: Swell-Tub on March 31, 2008, 02:36:02 pm
Quote
Sometimes you just have to do the right thing. It isn’t like the customer is backing out to go buy a different spa. He has legtiment reasons to cancel his order, and the dealer should be understanding of it.

We had a similar situation a few months back where a customer had put 3k down on a spa, and came in 6 months later and told me that the engine in his truck blew up, and their foundation settled in their house and had to put in another 6k in there house. He asked nicely for a refund of his deposit to help cover the other expenses. It was a no brainer to me, and we wrote him a check right there. I just felt that it is the right thing to do, and in this situation, I feel that the customer is entitled to there money as well, imo.

And that attitude will pay big dividends down the road because customers talk and your business will be known as a customer caring business who watches out for the needs of the customer and not your own pocketbook. Now here is a dealer I would like to do business with.....

Scott  ;)
Title: Re: in a quandary...
Post by: Micah on March 31, 2008, 02:37:44 pm
Quote
Sometimes you just have to do the right thing. It isn’t like the customer is backing out to go buy a different spa. He has legtiment reasons to cancel his order, and the dealer should be understanding of it.

We had a similar situation a few months back where a customer had put 3k down on a spa, and came in 6 months later and told me that the engine in his truck blew up, and their foundation settled in their house and had to put in another 6k in there house. He asked nicely for a refund of his deposit to help cover the other expenses. It was a no brainer to me, and we wrote him a check right there. I just felt that it is the right thing to do, and in this situation, I feel that the customer is entitled to there money as well, imo.

In your case I agree with you that giving the customer the money back was the "right thing to do".  The point however that the customer is "entitled to their money back" is way off base.  The customer is "entitled" to the spa and gazebo that they purchased.  They are not "entitled" to anything more.

Keep in mind that I have been known to give someone their deposit back if need be.  However it would be bad business to just say yes without trying to keep the customer.  
Title: Re: in a quandary...
Post by: Swell-Tub on March 31, 2008, 02:44:23 pm
Quote
However it would be bad business to just say yes without trying to keep the customer.  
Micah I will agree with this statement and agree to disagree on the contract is a contract part of this dicussion. What any business wants is happy satisfied repeat customers. It is a lot easy to keep a satisifed customer than it is to find a new one.

Scott  ;)
Title: Re: in a quandary...
Post by: wewannahottub on March 31, 2008, 03:27:23 pm
I am going to put a spin on this, from a consumer Point of View.  I will TRY to keep it short.  

Two years ago, we purchase furniture from a business on line.  Website has all the right things--Hacker Safe, BBB online,...  Mistake on our part--we used a debit card.  At the time of the order, it stated 4-6 weeks for delivery-direct from the manufacturer--and our debit card was debited the entire $1400 within days.  ( for anyone wondering, the furniture was not available in our area--we wanted denim).  6 weeks later, no furniture or email-I contacted the customer svce dept--"Oh it is on backorder".  That after a run-around with a wrong tracking no.  Weeks (2-3) later again, when the furniture was due--still no info--I contacted the co agian.  "backordered again" was the reply.  Ok, now 2 1/2 mos and $1400 later---I cancelled the order.  And, to top it off It would take the co. AT LEAST 2 billing cycles to refund my dough.  Pi**ed me off >:( >:( >:( After all--my billwas already paid w/in 5 days of ordering!!  So, 6 weeks after the cancellation, I emailed the co for a status on the refund---emails start getting returned.  Calls "disconnected".  HMMMm....so after filing complaints with BBB/State attorney General and contacting a lawyer, not to mention Daily Herald in Chicago (where the now former Direct Furniture was from), I am still out 1400!!  HERE'S THE KICKER---I DID SOME INVESTIGATING MYSELF-AND SINCE I KNEW WHO THE OWNERS WERE-BRIAN AND KERRY WEINER OF VOLO IL, --I DISCOVERED THEY PURCHASED A NEW HOUSE FOR $466,500 JUST 3 WEEKS BEFORE THE BUSINESS CLOSED. :o >:( >:( >:( >:(  Of course, I have supplied all of the information I could possibly have to the IL. SAG.  I want some action.

Ok, now I am hypertensive and grouchy having rehashed it all.  

PS--the company that made my furniture----get this----NEVER SHIPS DIRECTLY TO THE CONSUMER!!!  Hmmmm, can we all agree?  FRAUD!!!!!!!!



in a bad mood and gonna go clean or make dinner---or have a Mikes Hard Lemonade


Chrisi
I relinquish the soap box th the next guy.  any takers
Title: Re: in a quandary...
Post by: dax on March 31, 2008, 03:40:08 pm
Off topic, but are down payments of $2500 to $3000 typical?  I had to put down $500 for the dealer to order mine.  Also I must be missing something because for people to put down so much money and not have their spas in 6 months to a year is ridiculous.

If the spa and gazebo were not yet built, why wouldn't the dealer just keep the down payment?  Especially a $2500 down payment.  You can't tell me that it costs the dealer more than that to order a spa and gazebo that weren't yet built by the manufacturer.  Seems like the dealer makes money and the buyer gets out of buying something he doesn't want.
Title: Re: in a quandary...
Post by: Merlin on March 31, 2008, 03:51:44 pm
We normally ask $500 minimum or whatever the customer is comfortable with as a down payment.

The cost for a dealer to order something depends on the dealers payment terms etc.... but we order spas all the time with no money down. and 6 months without the customer getting their product is completely unacceptable.
Title: Re: in a quandary...
Post by: Water Boy on March 31, 2008, 04:00:15 pm
Quote
. and 6 months without the customer getting their product is completely unacceptable.


If you were referring to my customer, I wanted to clarify. They weren't waiting for 6 months to get their spa. They ordered the spa with 3k down and were building a deck to put the spa on. The tub came in three weeks later, and we were holding it until they were ready. They ran into problems before taking possesion of the tub, and asked if they could have their money back.
Title: Re: in a quandary...
Post by: wewannahottub on March 31, 2008, 04:03:22 pm
Quote


If you were referring to my customer, I wanted to clarify. They weren't waiting for 6 months to get their spa. They ordered the spa with 3k down and were building a deck to put the spa on. The tub came in three weeks later, and we were holding it until they were ready. They ran into problems before taking possesion of the tub, and asked if they could have their money back.


I have noticed alot of dealers we have been to hold spas for customers.  
Title: Re: in a quandary...
Post by: Merlin on March 31, 2008, 04:06:43 pm
Quote


If you were referring to my customer, I wanted to clarify. They weren't waiting for 6 months to get their spa. They ordered the spa with 3k down and were building a deck to put the spa on. The tub came in three weeks later, and we were holding it until they were ready. They ran into problems before taking possesion of the tub, and asked if they could have their money back.


No i meant in general.

We do the same thing for customers all the time. Most of the time it's because of all the homes being built in our area that we pretty much expect to have to hold off on ordering or delivering the spa.
Title: Re: in a quandary...
Post by: Swell-Tub on April 01, 2008, 12:08:10 am
OK, tonight I have been on the phone about a contract the provider will not cancel. In June 2007 my elderly step-dad signed a 3 year contract for an in-home security system for those key lobs you carry around in case you fall. They lived in Utah. In December I moved both mother and step-dad down to Las Vegas to live with us because they were both terminally ill. I cancelled the phone service at the Utah home.

Now they have been billing him $40 a month for a service that has not been used since Christmas. I asked them about this and they said that it is true the signal to the house stopped when I cancelled the phone service. Mother passed away 4 weeks ago and my step-dad will die in the next month or so because he is filled with cancer. The service told me that when he dies if I send them a death certificate that they might cancel the service. This is why I get so worked up sometimes when a contract is a contract.

Scott  >:(
Title: Re: in a quandary...
Post by: IL Parrothead on April 01, 2008, 12:31:35 am
Holding a tub for a while seems to be fairly commonplace.  I got a call today that my Marquis Epic arrived, but I still have to wait for the landscapers to do the patio.  We've been promised we're one of the first jobs to get done, but Chicago weather this time of year is iffy.......It's killing me!   >:(
Title: Re: in a quandary...
Post by: Swell-Tub on April 01, 2008, 12:37:33 am
Quote
Holding a tub for a while seems to be fairly commonplace.  I got a call today that my Marquis Epic arrived, but I still have to wait for the landscapers to do the patio.  We've been promised we're one of the first jobs to get done, but Chicago weather this time of year is iffy.......It's killing me!   >:(
Hang in there, the wait will be worth it. I use to live in Woodridge, IL which was by Naperville, IL. The winters were the worst I remembered and I also lived in Alaska. So a hot tub sounds like just the ticket for that area.

Scott  ;)
Title: Re: in a quandary...
Post by: Vanguard on April 01, 2008, 01:18:09 am
First, as I begin this posting, let me say I think glfahlc should be refunded his money.  If I were a dealer and this were to come up, I would give the money back.

BUT, all this talk about contracts not being honored.  What is the value of a contract if one party simply decides they don't want to participate any longer.  Try doing that with your mortgage.  "Oh, I don't want to live in that house any longer, so I think I'll just cancel my mortgage and go somewhere else."  Never gonna happen.

Have you tried to get out of a cell phone agreement lately?  What about satellite TV?  I'm all for the little guy, but, the manufacturers/retailers/service providers have to have some protection as well.

To me, as a consumer, if I agree to buy something and the seller upholds his side of the agreement, then I must, should, have - whatever - keep my side.  That is what a contract is for.  

I don't know.  It bugs me all this talk of just canceling just because.  If it is for legitimate reasons, then let cooler heads prevail.  Work it out.  That is the case with glfahlc.  But if it were for some other reason, a contract is a contract.

Title: Re: in a quandary...
Post by: wewannahottub on April 01, 2008, 07:52:15 am
Agreeing with both sides here, still leaning on the consumer side, though. $2500 is a lot of cash to just drop==I can understand a "10% cancellation fee" or something similiar, but the deposit??  no way.  I was hoping glfahlc would reply to these postings and clear the air about the contract, but he hasn't yet.  I believe someone early in the thread felt "buyer's remorse" ws involved, and I agree, but still there should be some way out without losing the whole deposit.

example==what if his wife died (God forbid) as this was purchased for her??  There is always a way out, at some expense, especially to the consumer.

glfahlc, you may take the floor to explain the contract you signed.

Good luck with everyone

Scott-sorry to hear about your mom and step dad.  May you be provided with compfrt knowing they are not in pain.  It sounds like some consumer advocacy needs to occur over those charges, though.

Chrisi
Title: Re: in a quandary...
Post by: dax on April 01, 2008, 09:25:30 am
Quote
BUT, all this talk about contracts not being honored.  What is the value of a contract if one party simply decides they don't want to participate any longer.  Try doing that with your mortgage.  "Oh, I don't want to live in that house any longer, so I think I'll just cancel my mortgage and go somewhere else."  Never gonna happen.

I don't know.  It bugs me all this talk of just canceling just because.  If it is for legitimate reasons, then let cooler heads prevail.  Work it out.  That is the case with glfahlc.  But if it were for some other reason, a contract is a contract.

A mortage or cell phone or satellite TV contract is an entirely different situation than the original poster's quandary.  In those cases, a person has taken possession of an item or service.  In this case, the buyer has not taken possession nor has the manufacturer incurred costs to build the item.  A $2500 down payment should more than cover the cost for the dealer to place an order and the manufacturer to receive it, don't you think?

Now if the tub and gazebo were actually manufactured, then the buyer should have to honor the contract.  But that's not the case.
Title: Re: in a quandary...
Post by: wewannahottub on April 01, 2008, 11:48:47 am
Agreed, dax.

The dealer/manufacturer probably didn't even spend $0.25 let alone $25 or $2500.

I think Zep stated it earlier--have a doctor write up a letter, and send that in to the company.  And start filing complaints with consumer advocacy programs.  And local news.  

WWHT
Title: Re: in a quandary...
Post by: Swell-Tub on April 01, 2008, 12:13:38 pm
What is the purpose of a contract?
To protect the interest of both parties. If the seller is not out anything and the buyer is not out of anything then I think a contract should be desolved when special circumstances arise. Like the situation with my folks or a tub and gazebo that were never manufactured. In both cases the seller will make money and the buyer will go away empty handed. In my situation I am the executor of my mothers estate so the alarm company can make me honor the 3 year old contract for the service. Is it legal (probally yes). Is it morally right or good business (I don't think so), they better not use me for a referral in the future.

I also agree in the case of cell phones and mortgages that the seller has already delivered the goods. A mortgage and a free cell phone with a 2 year commitment. Now with the cell phone you can get out of the contract if you pay a $150 cancellation fee, which covers the cost of the phone.

Scott  ;)
Title: Re: in a quandary...
Post by: IL Parrothead on April 01, 2008, 12:54:40 pm
Scott, Woodridge is about 30 minutes from me -- very familiar with it.
What state are you in now?  What state is your mother's estate in?
Title: Re: in a quandary...
Post by: Swell-Tub on April 01, 2008, 05:00:53 pm
Quote
Scott, Woodridge is about 30 minutes from me -- very familiar with it.
What state are you in now?  What state is your mother's estate in?
I live in Las Vegas, NV now. My mothers estate is in Salt Lake City, UT. When I lived in Woodridge I worked at the Bellcore training center in Lisle, IL. One winter there in Lisle it got 80 below with the wind chill factor. I could feel the cold through my coat into my bones. My mustache froze and when I touched it the hairs snapped. Like I said earlier, the time I lived in Alaska was not as cold as the IL winters.

Scott  ;)
Title: Re: in a quandary...
Post by: Spatini on April 01, 2008, 05:13:58 pm
Quote
. My mustache froze and when I touched it the hairs snapped.
Scott  ;)
Holy Cr?!# , thats cold !!!
Title: Re: in a quandary...
Post by: Swell-Tub on April 01, 2008, 05:26:05 pm
Quote
Holy Cr?!# , thats cold !!!
I think it was 1986 and that winter was so cold my face got frost bitten and it hasn't been able to tan since. And I'm not joking. They don't call Chicago the windy city for nothing.

Scott  :o
Title: Re: in a quandary...
Post by: glfahlc on April 01, 2008, 05:27:21 pm
Quote
Agreeing with both sides here, still leaning on the consumer side, though. $2500 is a lot of cash to just drop==I can understand a "10% cancellation fee" or something similiar, but the deposit??  no way.  I was hoping glfahlc would reply to these postings and clear the air about the contract, but he hasn't yet.  I believe someone early in the thread felt "buyer's remorse" ws involved, and I agree, but still there should be some way out without losing the whole deposit.

example==what if his wife died (God forbid) as this was purchased for her??  There is always a way out, at some expense, especially to the consumer.

glfahlc, you may take the floor to explain the contract you signed.

Good luck with everyone

Scott-sorry to hear about your mom and step dad.  May you be provided with compfrt knowing they are not in pain.  It sounds like some consumer advocacy needs to occur over those charges, though.

Chrisi
as i stated earlier, when we signed the contract my wife's dad's estate was still in the court system. planning on using that to pay for the tub and gazebo but in the meantime the wife got high blood pressure and is chemically allergic. the smell of chlorine could kill her. the contract if i remember stated that if delivery wasn't taken wthin a year of signing, deposit would be forfieted.
Title: Re: in a quandary...
Post by: wewannahottub on April 02, 2008, 04:51:56 pm
Quote
as i stated earlier, when we signed the contract my wife's dad's estate was still in the court system. planning on using that to pay for the tub and gazebo but in the meantime the wife got high blood pressure and is chemically allergic. the smell of chlorine could kill her. the contract if i remember stated that if delivery wasn't taken wthin a year of signing, deposit would be forfieted.


If at all possible, find your contract.  Did you first contact (and hopefully document) the dealer/manufacturer WITHIN the year to cancel??

I hope so--you may have some recourse--but documentation is the key!!

$2500 is a lot to lose.  I wish you the best.  And, I would contact the BBB when this is done, b/c it doesn't sound as though you have been treated fairly.

Geez, the chlorine allergy must be he-doublehockeysticks since public water is treated with it, pools, and many facilities clean with chlorine products. Good luck to her, and hope she can be treated by a good allergist.

Chrisi