Does your contract mention Leisure Pools in any way?
If yes, what does the contract say in reference to Leisure Pools?
If yes, what does the contract say in reference to Leisure Pools?
Yes, I had a meeting with an attorney today and I do have a case. I am weighing options. ThanksIs the contractor properly licensed, bonded and insured?
Does the contract specify any quality control metrics?
Do you have a written document where Leisure Pools says that the builder is a "Certified" Dealer or Installer?
Do you have anything in writing where Leisure Pools ensures the installation will be done correctly?
Do you have a written "Recommendation" from Leisure Pools for the builder?
The APSP 2013 Workmanship Guidelines and Practices Guide is an authoritative Industry Standard.
If the company won’t install the pool to your satisfaction, then you can try a variety of things to get them to comply.
You can hire a local professional expert as a consultant to represent you.
They would need verified qualifications like being a licensed engineer or a licensed contractor.
You can file a complaint with the contractor’s licensing board.
You can file a claim against their insurance or bond.
Some states have a homeowner’s recovery fund.
You can file a civil claim if all other avenues don’t work.
SOUTH CAROLINA CONSTRUCTION CLAIMS RESOURCES
wiki.theclm.org
Yes, I had a meeting with an attorney today and I do have a case.
I will not elaborate further as this is very likely heading to court.
Cute post for two reasons.. I actually know Warren and his wife Astrid. Secondly, the Federal and SC consumer protection laws are pretty clear.View attachment 443405
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Hate to say it but not really. I've worked for several construction companies that were dealers for various products and handled all the paperwork to recertify as a dealer each year. Being a "dealer" was a privilege we paid for. We got certain benefits from it but we were required to have a certain sales volume, branding, CE, etc. to keep that status. If also locks you into their products. No double-dealing allowed. No different from a Ford car dealership. You won't see these guys selling brand new Chevys. If we did shoddy work, it was completely on us not the company we were "dealers" for. The only thing they'd do if we generated a ton of complaints would be pull our dealer status. I've seen some really, really bad work done and never once seen a manufacturer drop a dealer for it.Both are at fault. If a manufacturer certifies a company as their "dealer/installer" they need to ensure it is being done properly.
It depends on the relationship of the manufacturer and the installer.If we did shoddy work, it was completely on us not the company we were "dealers" for.
Is there any evidence that the plaintiff saw and agreed to those terms?Straight off the manufacturer's website: not responsible for the actions of these dealers or liable for any related damage to persons, property or Leisure Pools products. For further information regarding the relationship between Leisure Pools and its dealers and for related advice to purchasers, please refer to the Terms and Conditions portion of the Leisure Pools website here. Read the Notice and Disclaimer of Manufacturer / Dealer Non-Relationship portion.
Excellent points all round.It depends on the relationship of the manufacturer and the installer.
Under the theory of vicarious liability, the manufacturer might be liable if they have a certain amount of ownership or control over the installer.
When it gets down to setting up the skimmers and returns the instructions are “while you’re in a drilling mood go ahead and”Looks you're going to need to learn how to speak Australian
I couldn’t get past a “whacker packer” as a required tool, much less making it down to being in a “drilling mood”.When it gets down to setting up the skimmers and returns the instructions are “while you’re in a drilling mood go ahead and”
American owners manual no fun moody metrics in this one
I was kind of holding off mentioning this. But I agree. Hopefully my opinion counts with some experience in this area. I can also see two sides to this story, as it could vary greatly depending on the dealer agreement and the product sold. Im a part owner/silent partner of a franchise for multiple brands (New/used vehicle sales, service, and parts) The OEM's couldn't care less what we do until we do something that might jeopardize their image. People have called or written to corporate to report us, 99.9% of the time its a customer who absolutely isn't rational and the OEMs understand this and handle it without doing anything to us. The reps and us usually laugh about it in the end.Hate to say it but not really. I've worked for several construction companies that were dealers for various products and handled all the paperwork to recertify as a dealer each year. Being a "dealer" was a privilege we paid for. We got certain benefits from it but we were required to have a certain sales volume, branding, CE, etc. to keep that status. If also locks you into their products. No double-dealing allowed. No different from a Ford car dealership. You won't see these guys selling brand new Chevys. If we did shoddy work, it was completely on us not the company we were "dealers" for. The only thing they'd do if we generated a ton of complaints would be pull our dealer status. I've seen some really, really bad work done and never once seen a manufacturer drop a dealer for it.
Straight off the manufacturer's website: not responsible for the actions of these dealers or liable for any related damage to persons, property or Leisure Pools products. For further information regarding the relationship between Leisure Pools and its dealers and for related advice to purchasers, please refer to the Terms and Conditions portion of the Leisure Pools website here. Read the Notice and Disclaimer of Manufacturer / Dealer Non-Relationship portion.
Your best bet will be going after the installer. It's their bad work and if they're a legit company you will have recourse. Trying to fight a large corporation is just going to throw you on the drained wallet hamster wheel.
I understand what you are saying. I have a little different take on it and different way of seeking damages. Nuff said.. The "rice paper wall" claiming lack of responsibility only goes so far..Hate to say it but not really. I've worked for several construction companies that were dealers for various products and handled all the paperwork to recertify as a dealer each year. Being a "dealer" was a privilege we paid for. We got certain benefits from it but we were required to have a certain sales volume, branding, CE, etc. to keep that status. If also locks you into their products. No double-dealing allowed. No different from a Ford car dealership. You won't see these guys selling brand new Chevys. If we did shoddy work, it was completely on us not the company we were "dealers" for. The only thing they'd do if we generated a ton of complaints would be pull our dealer status. I've seen some really, really bad work done and never once seen a manufacturer drop a dealer for it.
Straight off the manufacturer's website: not responsible for the actions of these dealers or liable for any related damage to persons, property or Leisure Pools products. For further information regarding the relationship between Leisure Pools and its dealers and for related advice to purchasers, please refer to the Terms and Conditions portion of the Leisure Pools website here. Read the Notice and Disclaimer of Manufacturer / Dealer Non-Relationship portion.
Your best bet will be going after the installer. It's their bad work and if they're a legit company you will have recourse. Trying to fight a large corporation is just going to throw you on the drained wallet hamster wheel.