Title: Swimming Pool Nightmare!
A legally binding contract was signed between Glamour Pools and Paul & Dale Bernard.
Glamour Pools agreed to install the pool and equipment choosen at contract signing by the Bernards.
Glamour Pools told the Bernard’s that there were no additional charges outside of what was agreed upon on the contract.
The U.C.C. and other statutory provisions, principally the Statute of Frauds require certain contracts to be in writing before a court will enforce them.
The contract's terms are unconscionable (shocking to the conscience) (11 M.R.S.A. § 2-302). unconscionable because the consumer was charged for quality equipment and the seller installed inferior products and not what was on the contract.
Jason Thibault’s sales technique was deceptive and fraudulent and unfair.
Maine Unfair Trade Practices Act (5 M.R.S.A. § 205-A - 214)
Glamour Pools breached the contract by selling equipment and delivering another product. Glamour Pools also failed to complete the installation and close the contract in a timely fashion.
The Bernard’s have had major losses (damages).
The contract was breached by fraud and we are requesting the removal of all items purchased from Glamour Pools with a complete return of all of the monies spent for the project that are related to the pool installation.
The basic terms of the contract have not been met.
Due to shoddy work and failure to respond the Bernard’s suffered loss as a result of a breach (violation) of contract.
Courts generally give injured parties the "benefit of the bargain." In other words, you should be placed in the economic position you would have occupied had the contract not been breached. You should be reimbursed.
The Maine Unfair Trade Practices Act, 5 M.R.S.A. § 213(2), awards attorney fees to consumers who can prove they have been the victims of an unfair trade practice.
The seller, Glamour Pools and buyer the Bernard’s cannot enter into another contract or resolve the present situation as Glamour Pool’s last correspondence with the Bernard’s was that the work would be completed by the end of September of 2006.
Glamour Pools has never called nor written to the Bernard’s since September of 2006.
We are requesting a full refund of the three payments:
$20,000.00
$ 9,000.00
$ 6,000.00
600.00 Splash
1,000.00 Electrical
326.24 Electrical Pool Light
25.00 permit
916.06 fill requested by Glamour Pools
1, 819.13 flowable fill
300.00 tractor for trench
3,196.61 fencing required by law for pool
2,570.00 Pool House for equipment
We are requesting the full 45,753.04. Glamour can remove all items from the property.
We are also requesting compensation for damages caused by Glamour Pools.
Damages to the driveway 5,000.00
Damages to the leach field 7,000.00
Total: 57,753.30 plus attorney fees incurred.
Hindsight: Perfect understanding of an event after it has happened; - a term usually used with sarcasm in response to criticism of one's decision, implying that the critic is unfairly judging the wisdom of the decision in light of information that was not available when the decision was made.
Information we were unaware of before contract signing:
Consumer Fraud
Defrauding Consumers
Consumer Protection Laws
Shoddy work on the Pool Installation
Misrepresentation by accepting a deposit and then not delivering the pool equipment on time as stated at contract signing.
Misrepresentation by selling equipment (filtration system, pool cover, solar cover reel, etc.) and then delivering inferior less costly equipment, with shorter warranties. (Older models)
Making false promises by telling the consumer that work would be performed in a quality manner.
Misrepresenting when the work would begin (June 2004) and then blaming the hold up and delivery on San Juan Pools.
The Vice President of Glamour Pools stated that the truck driver was held up at the Canadian border due to paper work.
At contract signing the Vice President of Glamour Pools Inc., was a professional charmer. He started by telling us that he was a college graduate and left his medical profession to continue the family business so as to provide us with the best pool possible. He took out his impressive lap top computer and promised that the pool shell would arrive and be installed by the second week of June.
The Vice President of the company also stated that the pool would be ordered out of Florida as this would be the quickest route and ensure the delivery and installation. Then we were told by the Vice President in July that it would be quicker if they ordered the pool from Canada as that would be the quickest route as Florida was backed up. The pool shell finally arrived three months later in August from Florida and the driver told The Bernard’s that there were never any plans of delivering a pool from Canada.
Legal: Uniform Commercial Code, Title 11
My wife and I would like to file a lawsuit addressing the incidents and also asking for an injunction preventing Glamour Pools, Vice President, Jason Thibault from owning, managing or operating a residential swimming pool business in Maine.
Also seeking restitution and cancellation due to a breach of contract by Glamour Pools. The Bernard's are requesting a full remedy for breach of the whole contract including expenses incurred due to installation.
The Bernard's have been in litigation with Glamour Pools since September of 2004 without satisfactory results and damages are still unresolved.
Glamour Vice President Jason Thibault last visited the Bernard's in the fall of 2006 (September) and assured them the work would be completed within the next couple of weeks. It has been over a year now and Glamour has not called, contacted, notified, or made any attempts to repair, resolve or complete the obligations of the contract.
Fraud: Glamour knowingly signed a legal binding contract with the Bernard's selling them material goods specified on the contract with model numbers and descriptions on flyers provided at contract signing and then delivering and installing other goods without the consent or knowledge of the buyer, the Bernard's.
STATISTICS
Name DALLAS
Length 42' - 6"
Width 16' - 0"
Max. Depth 8' - 0"
Sq.Ft. 590 Sq.Ft.
August 2004 Incident: Glamour Pools neglected to adhere to the filling and backfilling instructions by San Juan Pool Inc... San Juan states: “Fiberglass Pools are flexible, and equal amounts of pressure on each side of the pools walls must be maintained at all times.
Start by filling the pool with one-foot (1') of water. This will securely anchor the pool into the excavation. Now recheck your measurements with your transit. You may find that the corners are level, but the step and seating areas are slightly lower.
This is because these areas may sag and will required additional reinforcement.
Start by adding sand or rock dust around the pool.
Dirt is totally unsuitable for this portion of the backfill and will void your warranty.
Glamour Pools willfully and knowingly used dirt unsuitable to backfill nullifying the Bernard's contract.
You want the sand to fill all voids as your backfill. The best way to do this is to wash the sand with water under and around all areas of the shell. A "sand wand", a 1" piece of PVC pipe approximately 6' - 8' long attached to a garden hose is the preferred method.
By ramming the wand into the sand and removing it slowly, the water from the wand will wash the sand into the areas required. Too much water is not good, so common sense should be used for the proper balance.
Areas under steps, seats, and the main drain must be completely filled in with washed sand and compacted to prevent settling.
The amounts of sand or rock dust required for each pool is different, and the amount will also be affected by how close your hole is to the dig specs. In general a 12' wide pool will take 20-30 tons, 14' wide 30-40 tons and 16' 40 tons +.
In any event, ordering 20 tons to be delivered to the site initially will bed in all pools and allow some sand for the backfill.
After that, you can order as needed, but remember, dirt cannot be used.
The water in the pool should be added at a rate equal to the rate of backfill.
The water should maintain a level one-foot higher than the sand backfill throughout the entire fill and backfill procedure.
It is very important to keep equal amounts of pressure on the pools walls.
Too much water could bow and even break the pool outward and too much sand could bow the walls inward. A bowed wall inward means you have added too much sand and it must be dug out until the wall is straight and a bowed wall outward means your water is too high in the pool and the sand must be brought up.
The jobs water pressure determines the time this procedure takes.
Remember, you cannot fill the pool any faster than you can backfill it, so if you are using hydrants or water trucks, this same fill and backfill rule applies.
While the pool is being filled and backfilled, this is the ideal time to start you plumbing runs.
When your backfill is up approximately one third of the pool, this is the time to remove the spanner bar if your pool came with one. Removing the spanner bar may cause the pools walls to bow out, but by adding additional sand without adding additional water will cause the walls to bow back in.
A proper balance of sand backfill and water fill in the pool will keep the walls true throughout the entire installation.”
These instructions were not followed resulting in the pool wall on the house side to bow out.
August 2004: I notified Jason and spoke to him about the bowing pool wall before the decking was poured. He informed me that there would be no bowing after the decking was installed.
After the Bernard’s realized that Glamour Pools Inc. was delivering and installing equipment that was inferior and not ordered, the Vice President sent the Bernard’s an additional bill not mentioned or agreed upon at contract signing.
On this additional bill it states:
1B: Labor and materials for high water table (500.00)
(We are not sure if this is a simple mistake or another example of consumer fraud)
There was no high water table as was celebrated by those present when the hole was dug.
We were all thankful including Glamour Pools, Vice President, Jason Thibault that we did not encounter any water problems.
The neighbors were present along with family members and they all can verify that there were no issues with water.
2B: Also there is Extra decking listed at 268 sq. ft. @ 5.50 per sq. ft. (1,474.00)
Two points to mention on this. The piece mentioned is actually 161.00 sq.ft. as was confirmed by Glamour’s employee, Jesse when it was measured in his presence.
The only decking and extra decking that was agreed upon by the Bernard’s was and is included in the contract.
Concerning the extra 161.00 sq. ft. piece between the 4’ patio and the pool house, Glamour Pools Vice President had stated to Dale Bernard, Catherine Estabrook, and Tracy Gilbert and Lisa Gilbert, that he personally had decided to fill in the area as he had ordered to much cement and that he did not like the finished look of lawn between the pool house and the pool patio. He told all those present that he would fill in the difference in the gap seeing he ordered too much cement.
However because of this decision to fill in the 161.00 sq. ft. piece, the employees performed shoddy work and punctured the underground hoses in three places, resulting in flooding and the removal of this section.
The employee’s then jack hammered out the 161. sq. ft. area and repaired the punctured pipes and then re poured cement and finished the area by brushing the patio with a coarse bristle broom at night in the dark with the truck headlights on resulting in an aesthetically unpleasing section that left deep groves that is rough on the feet and does not blend with the pool decking.
Also due to the lack of lighting when the employees jack hammered to the 161.00sq.ft. piece they caused a 22 inch crack in the 4 foot patio around the pool beginning at the sawed line to the inside of the pool wall. The first picture is a crack in the 161.00 sq.ft. area.
The second is the crack at the low end of the pool.
Consumer Fraud ~ Pool Cover
They also attempted to defraud the Bernard’s by installing a solid pool cover, rather then the winter mesh cover ordered, that was less costly, had less of a warranty and needed to have more holes drilled into the patio area.
The Vice President of Glamour Pools Inc. told the Bernard’s that he personally decided to have the solid cover installed as he felt that was a better pool cover for the Bernard’s over the one that they ordered. His decision resulted in 38 holes being drilled in the patio perimeter that now had to be filled in leaving the finish patio looking horrible. It looks like someone machine gunned the patio perimeter.
There are 29 additional holes besides what is needed for the mesh cover that was ordered.
Glamour’s Vice President promised the Bernard’s at contract signing that these holes would be drilled and brass grommets would be installed and that they would be recessed into the patio.
He said the end result would be a nice professional finished patio.
Only 12 are recessed and the remainder 17 is protruding above the pool patio.
Also the holes were not finished as there are chipped holes around the grommets and the holes that were filled in are not leveled and do not blend with the patio resulting in a horrific end result.
Most of the installed grommets have chipped out holes that need to be filled in.
This is a picture of a filled hole that was drilled due to the installation of the wrong winter pool cover.
Another example of a improperly installed grommet.
A picture of a properly installed grommet.
Remedy: the pool patio needs to be removed and a new patio needs to be installed to correct the problems.
3B: The last item listed in Jason’s billing is for Stegmeir forms.
At contract signing the Bernard’s repeatedly discussed with Jason item by item everything that was needed and the cost and what was not included. The Bernard’s asked if there were any additional cost. Jason Thibault again promised that the only cost were those listed on the contract and agreed upon. The only additional cost we would have to pay was for electrical permits, flow able fill and water. as listed at the bottom of the contract.
The only changes agreed upon by the Bernard’s were:
1C: 2,395.00 the removal of the Propane Heater (Murray Oil Company advised that this system should not be installed as it would result in a costly expense.
2C: 1,595.00 the installation of the Eco system
– 800.00 difference
Glamour did not deduct the difference of the 800.00
The original language is written as follows:
1. Sta -Rite System S7M400 Modular Media Filter System, Sta -Rite Max E Glass 1 1/2 hp pump, and entire System plumbed w/2” Tiger Flex PVC Piping
2. Two (2) Factory installed skimmer
3. Two (2) Hydrotherapy Jets in Bench Seats with Aeration and three (3) return inlets
4. Factory installed safety anti vortex main drain
5. One (1) ladder & one (1) handrail
6. Complete maintenance kit to include: Hose, pole, vacuum head, pool brush, leaf skimmer, skim vac, thermometer, and test strips
7. Custom Tile Option at Waterline included (AT AN 025 Anna Blue)
8. Thermal Cover with reel system
28,700.00 total base pool package delivered and installed
Additional Charges/Requested Options:
1,890.00 Custom Winter Mesh Safety Cover installed
2,395.00 Sta -Rite Max-E-Thermo Digital Propane Heater installed, Cancelled.
895.00 Color Logic Five (5) Color Led Underwater light installed
3,916.00 Concrete Deck 4’ around pool perimeter sq.ft. Pad for Pool house and spa
37,796.00 Total base pool package delivered and installed:
Actual total minus the:
Sta -Rite Max-E-Thermo Digital Propane Heater is: 35,401.00
The Bernard’s have paid as stated on the contract
20,000.00 Upon signing
9,000.00 On delivery
5,000.00 upon water placed in pool
34,000.00 totals paid
37,796.00
- 2,395.00 heater
-200.00 filter change
1,201.00 balance
- cement charges as we had to pay Auburn Concrete 376.05 as Glamour had bad credit with Auburn Concrete and they would not deliver without immediate payment
Consumer Fraud ~ Sta-Rite Filtration System
After the filtration system was installed, the Bernard’s experienced daily problems with the S7D75 Sta Rite system. After several service calls Vice President, Jason Thibault, replaced the system with the S7MD60 Sta Rite system.
It was then that the Bernard’s realized that they had been defrauded and that a lesser expensive filtration system had been installed. When the Bernard’s asked Glamour’s Vice President about this, he stated that the reason he had installed the S7D75 system initially was because the S7M400 system that was ordered and paid for did not work with the Eco-System. Glamour’s Vice President said he made the choice without consulting the Bernard’s because he felt it was the best thing for them.
He did not tell us that the system cost several hundred dollars less.
He did not tell us that the systems he installed needed DE powder as the S7M400 does not which would have resulted in higher cost in the future for maintaining the system.
He also did not offer to reimburse us the difference in price.
The Eco System does not work with the S7M400 and we were not told..
At contract signing Jason Thibault never told us that the Eco System only worked on sand or de powder filters and not on our carthridge system. We had to contact Eco System and were told by the representative that the Eco System does not work with the S7M400 filtration system.
After calling Glamour pools and informing them on what Eco System stated, Jayson sent two of his employees to make the change and had us sign the bottom agreement unknowingly admitting that the filter that was installed was not compatible with the Eco System.
August 25th 2005 - Change Order for Removal of a now Used Starite S7M400
Cartridge Filter back to a New Starite S7MD60 Modular DE Filter.
This is a change order that must be read and signed before any work is performed.
This is to inform and get permission from Paul and Dale Bernard of 451 Lower St., Turner, Maine 04282 to have Glamour Pools and Spa, Inc. service techs remove the existing S7M400 Cartridge filter (contractual) and multiport (S7D75 vertical grid multiport). It is to be replaced with a new S7MD60 Modular DE filter (change order) without a multiport. The purpose of the change out is to accommodate the use of the EcoSmarte 2.0 Sanitizer Free Pool Purification System (already installed), which requires either a Sand Filter with Zeobrite/ ZeoSmarte media or a DE Filter.
There is a 200.00 dollar difference between the S7MD60 and the S7M400. The S7MD60 is 200.00 less.
Glamour Pools and Spa, Inc. Date Paul Bernard Date:
Glamour Pools and Spa, Inc. Date Dale Bernard Date:
I
This is a picture of the cylinder with the copper plates that goes with the Eco System.
This is a picture of the Eco System installed with the timer at the lower right.
It cost us extra to pay the electrician to install this.
The 1,595.00 was the purchase and installation price.
The contract stated that the electrical work for the pool installation was not covered not the eco system.
Items not included in construction:
A: 600.00 Water to fill pool
Not/Applicable Ledge or large rocks
B: 1,000.00 Electrical (not completed as electrician was held up by Color Logic light system an additional service call will be included in 2005)
C: 326.24 the electrician returned June 29th, 2005 and installed the light and finished the work.
Not/Applicable High water table or springs
D: 25.00 Building permits
E: 916.06 Hauling fill in or out of site
Glamour Pool’s Vice President, Jason Thibault, had told the Bernard’s at contract signing that the amount of fill needed would depend on what type of fill we had beneath the ground level.
When the area was excavated the Vice President stated to the Bernard’s that the material that was underground was excellent for fill and that he might need one load of additional fill approximately a couple hundred dollars more. (Actual cost was over three times the amount)
F: 1,819.13 for Flow able fill (Glamour’s Vice President had told the Bernard’s at contract signing that the cost for flow able fill should come in around 800.00 (actual cost was over double)
The Bernard’s had told Jason Thibault at contract signing that they only had a loan for 40,000.00 and that was the limit. He said no problem.
Trench dug for pool light (this is a cost that was incurred by unprofessional planning due to Glamour Pools, Vice President, Jason Thibault)
Glamour Pools had Dube Excavating fill in the fence side before the pvc pipe was laid down for the electrical)
All the pool companies that we contacted and spoke to stated that the trench is left open by the pool company until the piping is laid out. Mr. Bernard spoke to Glamour’s Vice President, Jason Thibault, about this and he agreed with the other pool companies that the pool company does leave the trench open till the pipe is laid.
Jason Thibault made a decision not to dig the trench but did not inform the Bernard’s.
The Bernard’s then had to hire a contractor tractor to dig the trench as a result of Jason Thibault’s decision.
G: 300.00 Tractor rental with operator to dig trench.
Additional cost to the Bernard’s due to Glamour Pools, Vice President, Jason Thibault's personal choices and incorrect quotes along with shoddy work ethics totals:
H: 4,986.43
Dishonesty ~ Consumer Fraud
There have been many contradicting and mis-leading messages from day one by Glamour Pools, Vice President, Jason Thibault.
Mr. Thibault said that the installation would be completed by the second week of June seeing no one else had signed contracts before the Bernard’s.
Mrs. Thibault, President of Glamour Pools, had stated that once the pool came in the crew would not leave the premises till the job was done. (That did not happen).
The winter mesh should have been ordered after the deck was installed in August and it wasn’t ordered till October. To this day the winter mesh is not the one that was ordered.
A flyer was provided to us and Vice President, Jason Thibault, stated at contract signing that we were receiving the Performance Custom Winter Mesh on the flyer, not a winter mesh by Anchor.
On Friday, October 29th, 2004 an employee, Jessy along with another employee came to install the what was suppose to be the Performance Custom Winter Mesh Safety Cover that was ordered at contract signing. When they arrived it was already getting dark. With just the truck lights on they began hastily drilling holes in the cement patio, resulting in grommets above the cement, not recessed as told at contract signing, cracked cement, and shoddy work.
The Bernard’s purchased the Performance Custom Winter Mesh Safety Cover because it had ¼ inch drain holes located every 6 inches in reinforced vinyl, down the center of the cover. Beneath is a 12 inch wide mesh drain filter panel designed for easy cleaning. We had talked with Mr. Thibault about the pool we had in Auburn and stated that we did not want a solid cover as it was very troublesome to keep clean and remove in the spring. He said this mesh rain cover would solve that problem.
It also has coping rub strips that protect your cover without making marks or scars, keeping the pool and cover new looking for years. Plus it comes with a 12 year warranty.
Mr. Thibault sent his employees, Jesse and another helper with an Anchor solid pool cover; the exact type of cover that the Bernard’s spoke about at contract signing and did not want.
The Bernard’s never looked at purchasing this cover nor did we agree to buy such a cover.
In the literature that comes with the cover it states that the mesh cover has a 144 month warranty and solid covers only have a 120 month warranty.
And yet, Glamour’s Vice President, Jason Thibault, stated over the telephone to the Bernard’s that he had purchased a better quality cover than the one they ordered.
Mr. Thibault even said it was a more expensive cover when in fact it was less expensive and again we were not offered reimbursement for the difference in cost.
In fact Mr. Thibault purchased a cover that was less durable and had less of a warranty as the one we ordered and paid for.
The Anchor solid safety cover meets ASTM standards for pool covers only when used with the 1200 GPH automatic pump which Mr. Thibault did not install resulting in now 36 tiles cracking over the winter months. There was no 1200GPH automatic pump installed with the solid cover as specified by the company (Anchor). Below is a picture of the silicone peeling off and a cracked tile.
The Bernard’s were never notified by Glamour’s Vice President, that he was not ordering the pool cover that was discussed at contract signing (Performance Safety Cover) and that the Bernard’s were emphatic about not wanting anything but the one discussed on the flyer..
Jason stated to the Bernard’s that he made the judgment call on the pool cover on his own.
However he did not notify the Bernard’s about the difference in price nor did he offer to reimburse them the difference.
When Jesse returned in the spring he installed a custom mesh cover. It was not the mesh cover on the flyer that Mr. Thibault told the Bernard’s they were purchasing and receiving. They installed an Anchor mesh cover dated November 2004.
To date the Bernard’s have not received their Performance Custom Winter Mesh.
Because of Mr. Thibault’s judgment call to install the incorrect cover in the fall of 2004.
There are 38 holes around the perimeter of the pool.
Jesse also had to remove the second Sta-Rite filtration system fins Glamour installed and found the filter sacs compromised (a circular type filter).
DE powder got into the sacks. The first filter system (a fin type filter) did not work and continually clogged up. Mr. Thibault had changed the filter as it continually kept clogging and placed DE powder in the pool. However the S7M400 Sta Rite system that was purchased and ordered does not require DE powder.
On Friday August 12th I called the Glamour Pool store in Auburn and reported to the employee that the filters on the S7M400 were blown out as pictured below.
Glamour's employee called the headquarters and spoke with Irene Thibault, Glamour's President.
When the employee returned my call he began yelling at me stating that these cartridges were expensive and that they would not replace them and that I had to pay for them.
He also accused me of doing something wrong and that’s why the filters blew out.
When I informed him that the filters had a 3 year warranty and we only had the filter 3 months he still insisted that they would not take care of it.
I then went on line and obtained Sta Rite’s toll free number and called a representative on Friday, August 19th. I spoke with a lady representative at Sta Rite and she informed me that Glamour Pools they did not remove the multiport valve that should be used for sand or De filters only and not on the S7M400 cartridge system.
Hi Paul
We had to order the information you requested as soon as it gets here you
will have it. The filters have been ordered.
Irene
----- Original Message -----
From: "Paul Bernard" <stylist@megalink.net>
To: <glamourpools@glamourpools.com>
Sent: Tuesday, August 16, 2005 8:16 AM
Subject: WWW Form Submission
Below is the result of your feedback form. It was submitted by
Paul Bernard (stylist@megalink.net) on
Tuesday, August 16, 2005 at 08:16:26
street: Lower Street
city: Turner
state: Me
zip: 04282
phone: 2072253285
contact by: e-mail
selection: other comments: Hello Revi
Checking to make sure you ordered the two filters for the StaRite filter.
Also I did not receive the warranty card or brochure in the mail yesterday.
You said you would send it, I should have received it yesterday.
submit: Send E-Mail
We still have not received the warranty card
as of October 30th, 2007
Glamour Pools installed the S7M400 with the port valve installed which would cause the filters to blow out.
Below is a picture of the S7M400 with the multiport valve installed.
Additional electrical expenses were incurred by the Bernard’s for keeping the pool open and cleaning it when it should have been closed in September as requested in advance.
Unnecessary Damages caused by incompetence:
Damage to the driveway entrance at the road and at the top side of the driveway near the Barber Shop entrance could have been avoided by placing plywood down on the edge of the driveway and grass. Professional installers always take the necessary precautions to eliminate damages to the customer’s property as a courtesy. The existing slopping of the driveway may cause a risk to Barber Shop customers.
We will have a contractor look at it and determine if the slope is safe or if it’s a liability caused by Jason Thibault’s lack of experience and professionalism.
(However, 4X8 pressed boards were eventually placed on the top edges by Glamour employees after the driveway was unnecessarily damaged by neglect.)
The boards did prevent further damage.
The contract states: Glamour Pools Inc. is not responsible for damage. The damage caused however was due to neglect, inexperience, shoddy work and lack of professionalism by Jason.
They are not responsible for damages if they take the necessary steps as professionals.
The contract waiving responsibility does not provide Glamour Pools Inc. to perform shoddy work.
Other work that needs to be completed:
1. Skimmer on lawn side is 5/8 of an inch higher then skimmer on house side. Changing the water lines by 681 sq. ft., either the skimmers were not installed at the same levels or the pool is lopsided by 5/8 of an inch.
2. This problem must be corrected.
3. The pool wall on the house side is bowing out. The patio on the house side at the center of the wall is bowing out. The house side is 50 inches. The lawn side where the pool wall is straight is 48 inches as it should be. The inside width of the pool ranges from 76 to 79 a difference of 3 inches.
4. Also the skimmer on the lawn side does not have the suction power it should have to vacuum the pool. It appears that there is a hole in the air return piping. The water piping had three holes punctured into them due to the unprofessional installation of untrained employees of Glamour Pools.
5. The house side needs to be dug out and the wall must be straightened pushed in 2 inches and straitened.
6. The 4 foot patio was not professionally floated leaving sharp ridges and lumps that need to be sanded down.
7. The pool decking between the shallow end of the pool and the pool house was brushed with a bristle broom pool leaving the 161.00 sq.ft. area completely covered with sharp lines that can cut into the feet. Mrs. Bernard and her daughter are diabetic along with two other family members.
This poses a serious health problem and must be corrected as soon as possible.
8. The 17 brass grommets must be recessed in the patio as was stated at contract signing.
9. The color logic lighting system was never installed.
10. Water testing strips were never provided. (It was installed on June 29th, 05.
11. We have 26 tiles cracked that need to be replaced. This was a result of the solid cover installed by Glamour Pools as they did not follow the installation instructions of Anchor and provide the pump to remove the water and weight from off the cover, resulting in the water building up and pressing the cover against the pool wall and freezing on the tiles cracking 26 tiles and cracking the silicone away from the pool wall.
12. We need the Performance Custom Winter Mesh Cover delivered not the Anchor cover as we were told at contract signing which we have the flyer still.
13. We currently have several circles in the pool that appear to be transparent in nature. Jesse said it was caused by minerals. We called Glamour Pools Auburn store immediately that night when Jesse left and left a message for them to please come and test the water and fix the problem. We never received a response and was later told that sometimes the messages get erased by mistake.
Called San Juan Pools on Monday, November, 26th and was told that Glamour Pools is no longer a distributor and has not been for some time. Was also told that Jim Urskin representative for San Juan Pools and previously employed by Glamour Pools, who has been engaged in a long time legal battle with Glamour Pools is no longer working for San Juan Pools. I was told that San Juan would send a rep up in the spring of 2008 to look at the spots on the pool floor.
Jim Urskin stated that the spots were made by the air machine that removes the form from the mold. He stated that Glamour had to arrange the time they would drain the pool so that San Juan could spray the floor of the pool with a material to prevent the spots from showing.
Due to the strained relationship between Glamour and San Juan, Jayson Thibault did not attempt to resolve this manufacturer problem which is covered by contract.
Any and all responses must be in writing to Paul and Dale Bernard, 451 Lower Street, Turner, Maine, so as to avoid any more consumer fraud or over billing by Glamour Pools Inc.
We will provide Glamour Pools with one last opportunity to fulfill their contract agreement.
As of September 1st, 2005, legal action will be sought.
Unfortunately because of the consumer fraud and the unprofessional work that has already taken place we do not trust Glamour Pools or its employees. We do not want Glamour Pools or its employees coming to our home unless we are called in advance and told what exactly they are suppose to be doing.
The last time Glamour employees arrived they were going to screw aluminum molding around the top perimeter of the pool into the fiberglass nullifying the San Juan Pool guarantee.
Jesse advised us that he was authorized by Glamour Pools to do this without consulting San Juan Pools.
It is very sad to have to call other pool companies to obtain the correct information on our pool.
Sincerely, the Bernard’s
We received this email from Jayson
HI Paul and Dale,
I just wanted to drop a quick line to say "thank you" for the affirmation of work
well done by Dan and Glamour Pool and Spa, Inc. I also want to thank you for having
an open ear and taking the time to do the necessary research in order to protect
yourself as well as see that I am really working hard at trying to resolve the
issues at hand with regard to your swimming pool project. I look forward to talking
to you in person about how we can work through the issues and bring finalization to
this project. Give me a call at the office at your earliest convenience so we can
schedule a time to meet.
Thanks again, Jayson
Glamour Pool and Spa, Inc.
Jayson came to our home at the end of August 2006 and told us that all the repairs would
be complete in September 2006. We are now at the end of November 2007 and we have
had no communication with Glamour Pools Inc.
It is our desire due to a breach in contract, fraud, negligence etc., to have the in ground pool,
all pool equipment, the pool decking removed and be reimbursed of all payments, and cost
incurred by Jason's suggestions, recommendations and instructions.
Also that Glamour Pools pay the cost of reasonable attorney's fees.
Payments made prior to pool installation:
3,196.61 Fencing for pool as required by law. Mid Maine Fence Inc., 141 North Parish
Road, Turner Me.
2,570.00 Pool House with pad. Modern Wood Tech, 1990 Lisbon, Rd., Lewiston, Me.
25.00 Building permit fee.