SPAS BY THE BAY

In addition to the leaky pump, I ordered 5 spa pillows. These also took 3-4 weeks after several reminders. When they arrived we stopped by to pick them up. We found they ordered both the spa pillows AND rubber mounts. We reminded them we had already ordered and installed the rubber backs from them the year before. So we said we just need the pillows. They refused to sell us the pillows unless we also paid to return the rubber backs even though we did not order them. So we walked away and ordered the pillows online. Another issue during this time, was a complete malfunction of the Spa main circuit board. I discussed options with Bill and he said he would need to replace BOTH the spa main circuit board and the top side controller (~ $1000) because he could not say which was at fault. This was over the phone. If he came down to test it, it would be over $100 just for the service call. Since I no longer trusted his judgement or his ability to diagnose the problem, I resorted to ordering parts online. I would have paid for the service call if he could have diagnosed which component was faulty. In general I cannot (and will not) use Spas by the Bay to service my Jacuzzi spa even though they are the only dealer in town.

I found Mr. Sullivan lying completely unacceptable, the delivery hazardous, the wrong spa delivered, a lack of a written contract for a $9600 item deficient, as well as prior phone calls not being returned, the delivery cancelled by them at the last minute, etc. for all these reasons, I said the next day after delivery, I wanted to return the spa. Mr. Sullivan replied,.."I have your check, it is not coming back". Once a retailer lies, provides deficient service, delivers an inferior product which could have been avoided with a written bill of sale, I think it is not prudent to go forward. Especially since he is the only service dealer for the area so future contact with him is assured. Mr. Sullivan first asked me to contact the manufacturer and see if I could get them to give me the Salt system for free! I was shocked again as my purchase was from him. He then kept dropping the price for the salt system and finally said he woud provide it. i remained streadfast that I wanted to return the spa for full refund and sever contact with him. In response, he continued to blame the contractor for the spa damage and deny responsibility for all deficiencies. I contacted Hotspring customer service, Peggy Watson, who reviewed the matter and concluded in writing the spa should be returned to the dealer for a refund that was fair to both of us. Mr. Sullivan proposed he charge me an additional $600.00 for yet another delivery/pickup fee and see if he could resell the spa. Hotspring gave him permission to sell as new. If and when he could, he would give me the proceeds. In effect, he shifted all the risk and cost to me which likely would be about a $3,000 loss if he sold the spa (and didn't go out of business in the meantime). I proposed he take back the spa, refund me my money and sell at his dealer cost, so we both would be made whole. He refused since he wanted the profit from the original sale, not just his cost. I described the situation on Yelp. Mt. Sullivan responded twice. Both responses were inflammatory (including name calling) and violated Yelp policies to the extent the Yelp administrator removed them. I told Mr. Sullivan I would be responsible for any costs to the extent I caused the difficulties and asked him in an email to please explain how I was responsible in any way from his point of view. I was respectful and focused on solving this problem in the numerous emails sent. His response was twofold: He fabricated, badly, a bill of sale. He dated this fabricated bill of sale the day of delivery. It of course has no signatures. It takes two weeks for Hotspring to build a spa after order. You can't sell a new spa that has to be ordered and built and delivered on the same day. Even more self-incriminating is that Mr. Sullivan tried to embellish a printed internal work order which clearly indicated the spa was purchased on July 13th (two week before delivery) by phone by verbal agreement! I guess he didn't read carefully what he tried to fabricate the bill of sale from. More incredible is he filed a police report featuring the bill of sale claiming he was being harassed by me. He included some of my emails which are courteous, business like and clearly focused on seeking a resolution. My community police notified me, were apologetic and suggested I file a response which I did. Mr. Sullivan was flagrantly ignoring the manufacturer's request to take back the spa and reach an agreement fair to both of us. I recontacted Ms. Watson who said their company bore no responsibility and the dealer is completely independent. Unless Mr. Sullivan asked Hotspring to help with a resolution, they coud not and woud not intervene. Yet, Mr. Sullivan clearly did not want to resolve this matter in a manner fair to me, just him. Further, he had violated all manner of business practices and social norms. Hotspring awarded him a Dealer in Good Standing designation which implies some standards for behavior he must meet. Of interest is Hotspring could not verify Mr Sullivan's claim that he was te Hotspring "Dealer of the Year" or was given a free spa by them. I have appealed to Ms. Watson's supervisor at Hotspring, Mark Bettner, who said my case is under review and they "may" get back to me. It is now 5 months since delivery and my request to return the spa. Mr. Sullivan has self-described in writing as "stubborn" which seems a kind self-evaluation. The Hotspring company should have intervened when Mr. Wartson refused to honor their request to resolve the matter, but has not. I made it clear to Mr. Sullivan I was buying the spa for my daughter to enjoy her senior year with her friends before she goes off to college. The year is half over. The spa is broken, the service door does not fit, it is not the spa I ordered, the dealer is a nightmare to this consumer. i can't build the deck planned above the pit/vault the spa sits in as the spa will hopefully be removed. The spa has been anything but relaxing and has consumed an enormous amount of time trying to coax a resolution. Hotspring will not authorize another dealer for repirs. I am stuck. I do not understand the unresponsiveness from the dealer and manufacturer. This seems a bizarre and extreme consumer experience. UPDATE (AN E_MAIL TO THE COMPANY): As you are aware, Mr. Sullivan has lied, fabricated a contract, defamed me and the contractor and continues to do so, has violated social behavior norms per Yelp administrators, filed a false police report and has apparently made false claims about his award status (Hotspring Dealer of the Year). His crew, as witnesses by others, functioned in a reckless fashion that would have caused injury and damage if the licensed contractor and I had not quickly intervened. Mr. Sullivan is the sole service dealer for our area. It is not reasonable to expose me and my family further to Mr. Sullivan. Further, even prior to the contract fabrication, false police report, ongoing defamation, and Mr. Sullivan's Yelp censure, HotSpring judged we needed to go our separate ways and the spa be returned. The contract is really a non-issue in restoring your client's credibility as a merchant in the community. Of greatest import is his incorrigible stance even to recommendations by his parent company. The fact that he sought an attorney instead of following the advice of HotSpring to do his part to reach a resolution with a customer further discredits him. What consumer would want to knowingly deal with a self-described "stubborm" small businessman who continues to demonstrate such a disregard for his customer? Your proposal to now install the salt system and fix the leak does nothing to reinstate your client as a retailer who is willing to take responsibility for his misdeeds who consumers do not need to avoid. Further, his egregious behavior reflects poorly on the entire Hotspring "Dealer in Good Standing" network and implicates Watkins/HotSpring as a responsible party with this seemingly incorrigible dealer. This seems a case of a legal response which is not seeing the forest from the trees. It certainly is not addressing the core issues of relieving Mr. Sullivan or HotSpring of the negative impact for the spa buying public of the dealer's or Hotspring's (as the Dealer in Good Standing designator's) behavior