Info
Ryan and Nicole B emails
Social media campaign against us,
Our customers, Nicole & Ryan B., asked us for a quote to supply and install a new safety cover for their swimming pool in May. We heard nothing regarding the cover again. In September we arrived to close the pool. This visit was prescheduled and confirmed prior to us coming there. Upon our arrival we found a new, unassembled cover, in the box, on the deck.
They never informed us they had bought a new cover when they requested the closing or when we confirmed it. Yet they assumed we would know about it and install it for them, while closing the pool, at no additional charge. This is even though our closing agreement clearly states the “re-installation” of a cover as being included. We left the pool as we found it and did not charge for the trip.
When they were told we have a policy that we do not install equipment (pumps, filters, safety covers, etc.) not purchased thru APCO they tried to force us to install it by threatening me with a social medial campaign against APCO, (which this negative review is part of). Had we been told of the new cover at any time prior to our arrival, things would have gone much different.
If you want more details of their dispute, below are emails between me, Nicole, and Ryan. This is not the one-sided version Nicole chose to post online. I have edited the emails to omit their personal details and made it easier to read but the content is exact. Please keep in mind that these emails all happened after Ryan and I had conversations where he requested, and received, a full refund. He also told me he would go elsewhere before I could find a work around for him.
I understand there are many sides to every story, and we welcome you to form your own opinion.
Emails
From: Nicole B
Sent: Friday, October 1, 2021 10:20:17 AM
To: Ryan
Subject: Fwd: Questions answered.
Sent from my iPhone
Begin forwarded message:
From: Alan Pastorek <info@apcopools.com>
Date: October 1, 2021 at 10:05:05 AM EDT
To: Nicole B
Cc: Alan P
Subject: Questions answered.
Nicole,
Please see answers below in bold blue.
My name is Nicole Bxxxx. I am the owner at xxxxxx. I am very much concerned with what occurred at our house yesterday and hoping you can provide a bit more info on what occurred. I tried to reach out to Patty, on her cell, because she told us at the beginning of the season to save her cell and call her for anything that we need. However, she hung up on me this afternoon when she insisted that this was only between you and my husband and I did not need to be involved. As co-owner of my home, I am very much involved and would appreciate some answers and respect.
I agree you deserve respect as do we. Patty mentioned that you were asking about things that were already discussed between myself and Ryan. We had already given you a full refund per Ryan’s request but when Patty tried to reassure you that if there had been any chemicals installed that you would not be charged you got an attitude with her about how you weren’t paying for the chemicals (we already refunded). We do not tolerate customers giving us attitude or disrespect, she told you she was not going to talk to you and hung up. We will try to accommodate customers all we can but have to draw the line somewhere.
- At the start of the season, your team opened our pool. You advised us to purchase a new cover since our old cover was unusable. They balled our old cover up and put it next to our shed. Patty told us to make sure we had the new cover ready to go at closing. We were given a quote via snail mail with no explanation other than type and price of the cover. We were never told that the cover HAD to be purchased through you in order for us to use you to cover our pool. As first time pool owners, we shopped around to find the best price.
We understand shopping around and encourage it. We also appreciate it when a customer calls us with another quote and wants more info. It allows us to stay competitive and the customer to accurately compare “apples to apples”. Assuming that we would install a product that you purchased elsewhere is not our fault. Whoever you bought the cover from should have informed you as to what it takes to install. Our quote clearly included installation. Calling us to ask if we would install it prior to coming out there would have been prudent. Our quote to you for the safety cover clearly states that we install the cover before the closing season. This is for the schedule time available, but also to avoid issues when a new cover does not fit properly due to a manufacturing error, which we see too often. Your cover is a custom-made product. We don’t know who measured it or if it will fit properly. Assuming we would install it, no charge, as part of a closing it on you.
- Patty reached out to Ryan via text last week to notify him about the closure of our pool. She gave him steps to complete, including leaving our new cover on the deck. She did not ask if the cover was purchased through you. And I would assume as co-owner of your business she would have known it wasn’t purchased through you since no communication was made on either sides in regards to purchasing a cover through APCO.
Patty reached out to Ryan as she does every customer and would have no way of telling you to leave your “new” cover on the deck as we were never notified you had a new cover. It is not our responsibility to ask if you bought a new cover. Although your old cover was shot and unsafe, it is your prerogative to reinstall it if you choose. It is not uncommon for a customer to get a quote for a cover or any other piece of equipment and choose not to do it at that time. We frequently have customers get a quote and not buy the item until a year or more later.
- Our pool was partially drained and the new cover was placed ready to go for your team on Wednesday. Your team came out to the house around 8am. They worked around the pool dropping chemicals in the pool and lifting one of the screws surrounding the pool deck. We heard them on our pool camera discussing the fact that they were leaving us “high and dry” and one of the foreman was not okay with this. About 40 minutes later, they abruptly left, leaving the one screw raised for our 6 year old or 4 year old to possibly trip over.
I apologize if they left an anchor up and I’m glad you lowered it before anyone was hurt. When they arrived they started the closing process by installing some of the closing chemicals (which we did not charge you for) while the foreman was on the phone with me deciding what to do. I advised him what to do. They had already drained the pump so I had them re-prime it so you were able to keep it running if needed and with the exception of the free chemicals we left the pool as we found it.
- You spoke with Ryan. You told him because we did not purchase the cover through you then you would not be covering our pool. However, a contract was signed and there is nothing in the copy of the contract that we have copied that states we needed to purchase a cover through you in order for you to close our pool.
You are correct but it cleary state that the closing includes the reinstallation of a cover, not a new installation.
- You went an entire summer not communicating or reaching out to see if we purchased the cover through you. Did you not check in this before coming to our home on Wednesday?
Please see reply to #2 above
- We now had to refill our pool, place the jets back on in and also find a tool to lower the screw so our children were safe all because we were never told the cover HAD to be purchased through you. We had to put our pool in working order so that we can maintain through October while we wait for another company to come out since you left us “high and dry.”
This would have been avoided if you had read the agreement and called us if there was something that was unclear, or you were unsure of how to handle the whole pool closing process as a new homeowner. We would have gladly given you all the options and advice you needed to decide what to do. For reference you did not have to refill it. You could have just run it off the bottom drain.
- Our pool is now cloudy because chemicals were dropped in and we have no idea what chemicals were placed in our pool. Patty told us nothing was dropped in. However, on our pool video, we saw otherwise. She then casually mentioned the name of two chemicals quickly before hanging up on me. I did not catch the name of the chemicals.
The chemicals that may have been installed were a stain and scale preventer, an algaecide, and some non-chlorine shock. All of these chemicals are standard chemicals that you requested and can be used on a regular basis all year or as part of a closing. They will not make your water cloudy if it is properly balanced. There may be a temporary reaction when install but it will disperse when circulated
We need a full report of everything you did to our property and our pool, including chemicals, by end of business day tomorrow. You guys are in breech of contract. Patty is unwilling to speak to me, because apparently this is only between you and my husband. I encourage and welcome any phone call you wish to make to me to discuss this matter. If you do not wish to discuss via phone then please get back to me via email ASAP.
Consider this reply a report as to what was done.
We are not in breach of contract. You clearly did not read the agreement thoroughly. If you had, you would have known that a new cover installation was not included. You breached the contract not us.
This is not between only Ryan and myself but given that I had a lengthy conversation with him I felt it was best to have Patty stay out of the mix. We have a strict policy that we do not install any homeowner purchased equipment (pumps, liners, safety covers, etc.). That was explained to Ryan along with the reasons why. After we talked he called back and requested a complete refund which we did immediately.
While I am willing to talk on the phone, given the threats by your husband to mount a social media campaign and the fact that you already have friends posting online I feel it is best to keep everything in writing so that I can professionally and accurately respond online.
Alan Pastorek
APCO Pool Specialties, Inc.
The Inground Vinyl Liner pool repair experts!
86 Martha Drive, Fallsington, PA 19054
Phone 215-428-9300 Fax 215-428-9375
PA LIC #:000695
From: Ryan B
Sent: Friday, October 1, 2021 10:58 AM
To: Nicole B
Subject: Re: Questions answered.
Alan,
Thank you for taking the time to respond. I am including an excerpt from the mutual agreed upon contract drafted by your company.
I draw your attention to the paragraph under plan “A”. This paragraph indicates you will re-install safety cover. Considering we are reinstalling a cover that was laser measured to mimic the prior cover and are anchors are already in place, I interpreted this paragraph to mean you would reinstall our new cover. At best this language is extremely ambiguous and my interpretation is reasonable. In most cases, ambiguous language in a contract will benefit the party who did not draw up the contract.
Moving on to sub section (10) under requirements and conditions. This section states we will be build 75.00 per hour for any additional charges. I indicated on the phone to you that I would be happy to reimburse you for any extra time spent as I was unaware extra time was needed for the cover in question. Unfortunately, you declined and indicated you would not complete the agreed upon work.
At this point, I feel my hands are tied. Considering the current world situation with labor, most companies have almost a month wait to complete the closing of our pool.
I would like to advise you that if any issues and or damages occur between now and when our pool is closed by another insured pool professional (i.e. Freezing to plumbing lines, damage to concrete surface or any other issues) I will hold your company responsible as you are in breach of contract. We have done everything necessary to hold up the terms of this agreement including offering to pay the extra fees outlined in section 10.
I would advise you do some research on contract law and possibly consult an attorney to protect yourself in case of any weather related damages to our pool.
Otherwise, best of luck in your future endeavors.
Thanks,
Ryan and Nicole Brown
Please excuse any grammatical or spelling errors as this email was drafted from my phone.
Ryan & Nicole,
I really don’t want to go back and forth so this will be my last correspondence. If you want any future replies, please send a certified letter. That is all I will respond to.
Ryan’s previous email comment I was replying to for reference:
Thank you for taking the time to respond. I am including an excerpt from the mutual agreed upon contract drafted by your company.
I draw your attention to the paragraph under plan “A”. This paragraph indicates you will re-install safety cover. Considering we are reinstalling a cover that was laser measured to mimic the prior cover and are anchors are already in place, I interpreted this paragraph to mean you would reinstall our new cover. At best this language is extremely ambiguous and my interpretation is reasonable. In most cases, ambiguous language in a contract will benefit the party who did not draw up the contract.
You are clearly not “reinstalling” a cover. It is a new cover plain and simple. Yesterday you stated that you didn’t know it was extra work but now you are a pool professional that knows the difference between a new cover installation and a re-installation. Our safety cover estimate included installation costs as it a lot of work to install all of the springs, install the cover and then re-adjust all of the springs to the proper tension. Did the paperwork for the cover you purchased include installation, no, because it was not part of that agreement as it was not part of our closing agreement. Our paperwork is not ambiguous by any standard and it would be physically impossible to reinstall anything that has never been installed. By definition, reinstallation is “the act of installing again”. Your cover is new and has never been installed, therefore it cannot re reinstalled.
Ryan’s previous email comment I was replying to for reference:
Moving on to sub section (10) under requirements and conditions. This section states we will be build 75.00 per hour for any additional charges. I indicated on the phone to you that I would be happy to reimburse you for any extra time spent as I was unaware extra time was needed for the cover in question. Unfortunately, you declined and indicated you would not complete the agreed upon work.
Under your assumption for extra time spent it would be our responsibility to repair anything that needs fixed every time we are there. That is unrealistic and totally false. Yes, you indicated you would pay for the extra time but as I told you we do not install equipment not purchased thru us. Your thought process that you could make us install the cover with a closing if you paid the extra fees is not anywhere close to contract law or even common sense.
Ryan’s previous email comment I was replying to for reference:
At this point, I feel my hands are tied. Considering the current world situation with labor, most companies have almost a month wait to complete the closing of our pool.
I would like to advise you that if any issues and or damages occur between now and when our pool is closed by another insured pool professional (i.e. Freezing to plumbing lines, damage to concrete surface or any other issues) I will hold your company responsible as you are in breach of contract. We have done everything necessary to hold up the terms of this agreement including offering to pay the extra fees outlined in section 10.
As for liability, we have none. We came out there, realized there was an issue that kept us from completing the job and left. We left the pool as we found it. You requested the total refund, which you received before I could get back to you regarding having Brian close it (not thru APCO). What you do with your pool now is entirely up to you and you alone.
I have no issues with a customer shopping around or buying their own equipment. I have had customers get equipment elsewhere and have it installed by someone else, and we still service them to this day. But to expect me to have to install a new cover with a closing, free or paid, is a joke. Whether this was an honest mistake on your part, or not, it now appears to me that you were just trying to get one over on us and it didn’t work.
Ryan’s previous email comment I was replying to for reference:
I would advise you do some research on contract law and possibly consult an attorney to protect yourself in case of any weather related damages to our pool.
Otherwise, best of luck in your future endeavors.
As for contract law and attorneys, were covered. We have many lawyers as customers who are impressed by our documentation (contracts, reports, job site photos, etc.) and we get along fine. If you really don’t think our paperwork is reviewed by our attorneys just read the back of your safety cover estimate/contract.
I would advise you both to do some research on how to hire and maintain a business relationship with a contractor. I guarantee buying things elsewhere and then trying to be sneaky and force them into installing it by threating a social media campaign will not work. Customers like that soon find no one reputable will work for them at any price.
What I find the most surprising is that you stated you are in the HVAC field, and all of this would seem like common sense to that industry.
It’s a shame it came to this as I thought we had a good working relationship.
Thanks
Alan Pastorek
APCO Pool Specialties, Inc.
The Inground Vinyl Liner pool repair experts!
86 Martha Drive, Fallsington, PA 19054
Phone 215-428-9300 Fax 215-428-9375
PA LIC #:000695
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