Hot Tub in a Car Crash

[phonedave]

A friend of my ordered a hot tub. It was due to be delivered two weeks ago - however it has not.
Apparently the truck it was in, was involved in a fatal auto accident and is now impounded pending resolution of the case.
While that is in and of itself a crazy situation, what would you do about the tub.

He is debating about asking for a whole new tub, about asking for an extended warranty or something else.

The manufacturer (Bullfrog) said to fill the tub up as soon as he gets it, to check for leaks. His concern is that something happens down the road, outside of the warranty. Even if it was during the warranty, there is still the hassle of getting somebody out to fix it, getting the parts, and maybe is it something that cannot be easily fixed because it was internal damage that was missed.

He does not know how severe the accident was, only that there was a fatality involved, but no further information, so in reality it could have been anything.

What would you do if you were in a similar situation.

 

[5tan]

Your friend likely entered into a contract with the hot tub dealer, and the terms of that contract likely specify details about the delivery, such as when/how/where/etc. If the terms of the contract are broken, then the contract is void. I would suggest getting the deposit back and then buying a hot tub that isn't in police impound and hasn't been shocked via a motor vehicle collision. Tell your friend to consult with a contract lawyer in that jurisdiction to figure out the full details applicable to that specific situation.

 

[phonedave]

Your friend likely entered into a contract with the hot tub dealer, and the terms of that contract likely specify details about the delivery, such as when/how/where/etc. If the terms of the contract are broken, then the contract is void. I would suggest getting the deposit back and then buying a hot tub that isn't in police impound and hasn't been shocked via a motor vehicle collision. Tell your friend to consult with a contract lawyer in that jurisdiction to figure out the full details applicable to that specific situation.

To be specific, the tub was being transported from the manufacturer to the dealer when it was in the accident. The dealer has not yet taken possession of the tub.

The dealer does not give a specific date of installation until they actually get the tub delivered to them.

That is where this gets dicey. The contract is between the dealer and my friend, but the company wants to deliver a potentially damaged tub to the dealer.

 

[Newdude]

I don't see how Bullfrog doesn't destroy the tub. Forget any leaks or other damage. If the controls were damaged it could harm someone. Both Bullfrog and the dealer would be negligent if it did. Bullfrog and the trucking company are insured and there are lawyers involved. The tub isn't coming.

 

[Leebo]

I don't see how Bullfrog doesn't destroy the tub. Forget any leaks or other damage. If the controls were damaged it could harm someone. Both Bullfrog and the dealer would be negligent if it did. Bullfrog and the trucking company are insured and there are lawyers involved. The tub isn't coming.

I’ll kinda be shocked if it ever even gets released by the investigators to the dealer anytime soon……like this decade

 

[HeyEng]

To be specific, the tub was being transported from the manufacturer to the dealer when it was in the accident. The dealer has not yet taken possession of the tub.

The dealer does not give a specific date of installation until they actually get the tub delivered to them.

That is where this gets dicey. The contract is between the dealer and my friend, but the company wants to deliver a potentially damaged tub to the dealer.

The terms of the contract will control. Without actually seeing the terms of the contract, there is no decent way to know the best course of action and since it involves GOODS, then the UCC (uniform commercial code) probably applies. However, I am not licensed in NJ and am not familiar with NJ contract law...so...no legal advice from me.

 

[Newdude]

I’ll kinda be shocked if it ever even gets released by the investigators to the dealer anytime soon……like this decade

You might also be shocked if you used the tub.

The Bullfrog rep had nothing in her scripted response storyline for this and just winged it. I'm sure he/she meant well, but this story is way above her paygrade.

 

[RDspaguy]

Ok...
I know for certain that every spa contract reserves the right to repair or replace under warranty at the manufacturers discretion. I promise you have no say in this unless they somehow breached contract.
That said, most reputable manufacturers want happy customers. Your dealer is not in a position to make that call, only the manufacturer can authorize warranty replacement. You can work your way up the food chain, or email corporate directly and state your case. They might just do it to keep you happy. But since your concerns are conjecture at this point, I highly doubt they will replace it just because you want them to. But if it has so much as a scratch, ding, or drip ANYWHERE, contact the dealer and the manufacturer and demand a new spa. You'll have a reason for your concerns then, and they will have to address them.

 

[phonedave]

Ok...
I know for certain that every spa contract reserves the right to repair or replace under warranty at the manufacturers discretion. I promise you have no say in this unless they somehow breached contract.
That said, most reputable manufacturers want happy customers. Your dealer is not in a position to make that call, only the manufacturer can authorize warranty replacement. You can work your way up the food chain, or email corporate directly and state your case. They might just do it to keep you happy. But since your concerns are conjecture at this point, I highly doubt they will replace it just because you want them to. But if it has so much as a scratch, ding, or drip ANYWHERE, contact the dealer and the manufacturer and demand a new spa. You'll have a reason for your concerns then, and they will have to address them.

I hear you, but here is my friends concern.

He has already waited a long time for this tub, something like 6 months - they have a long lead time right now.

If he can convince Bullfrog (not the dealer) to build and send a new tub now, he may get it in an other 4-6 months.

If he does what Bullfrog is asking, which is to wait to see if the tub that was in accident is OK, then he is looking at an other who knows how long (likely4 to 6 months) that the tub is in impound. Then, lets say he gets it and it leaks, then it is dealing with the dealer to come take the old one away, and then waiting an other 4-6 months after that for a new tub to be build by Bullfrog. He could conceivably be looking at 2023 for a tub he ordered in the summer of 2021.

The dealer is trying to work with him (same dealer I use) but they can only do so much. They are not going to order a new tub from Bullfrog at their cost in the hopes that somehow down the line it works out and Bullfrog decides to reimburse the cost. That is totally understandable. When I ordered my tub through them, they were in constant contact with Bullfrog trying to get updates on where my tub was. I really love the tubs Bullfrog makes, but apparently their communications to their dealers leaves a lot to be desired. It may just be because of supply chain issues that everything is a mess right now. I know my tub was delayed because it was completely built except for the subwoofer. Subwoofers were back ordered because Bullfrog ran a free sound system promo and their speaker vendor could not keep up. My dealer told them to ship the tub without the subwoofer, and when it came in he would send a tech out to install it. They would not do that. They held onto the tub for an other three weeks until they could get the speaker in stock.

It is crazy right now. I know is it everywhere too - not just hot tubs. I'm dealing with back order issues, factories going off line because of Covid, and chip shortages myself at work right now. But it does play into what happens with this tub that is sitting in impound.

 

[Leebo]

then he is looking at an other who knows how long (likely4 to 6 months) that the tub is in impound.

I’ll be floored if it’s that quick. The people your friend is dealing with is very likely in WAY over their heads. They’re likely trying to do the best, but they’re out of their league. As soon as you used the word “fatality” it spelled doom for that hot tub as the legal issues that are going to occur will take forever. If I were to offer advice, cancel the order and start all over. If they won’t cancel, get a personal lawyer involved as that order is gonna take FOREVER to be delivered.

 

[RDspaguy]

Yeah, I hadn't considered the impound. Does the contract have a stated delivery date? If so, I'd say that's your out.
A 6 month lead time is great for new spas right now. That's why every refurbished spa I've had has sold so quick. It's definitely a strange time in the spa industry right now.

 

[PoolGate]

Is anyone concerned about the "tainted" tub seeing as there was a fatality involved? If it was me I would cancel for sure and look elsewhere and/or push the tub until next year.

 

[RDspaguy]

Tainted how? It was on a truck involved in an accident, it's not as if the spa killed someone and is covered in gore.

 

[Foxer]

I actually live just a few miles from their factory. When we were there they said they’re about 3-4 months out right now. That’s direct from them though, not a dealer. Not sure what kind of time buying through dealers and shipping adds.

If it’s was on a semi truck, I could see there being a fatal accident with a smaller car or pedestrian, but no damage to the hot tub. I wouldn’t automatically assume there’s some kind of damage. Although I would be concerned about it as well.

We just ordered one at Costco, and they’re delivering those in 60 days (I actually had to push it out because we’re not ready). My point is maybe cancelling and reordering is a good idea. That may end up being the fastest option.

 

[phonedave]

So the tub was delivered yesterday - at least that is what his wife texted my wife. I haven't talked to them in detail about it (we are meeting up this weekend).

Apparently somebody came to the understanding that the truck was in the accident, not the cargo on the truck. So while the truck is still impounded, the cargo was released.

I guess we will find out soon.

 

[phonedave]

Is anyone concerned about the "tainted" tub seeing as there was a fatality involved? If it was me I would cancel for sure and look elsewhere and/or push the tub until next year.

The tub was in a truck that got in an accident. It's not as if the tub fell on someone, or somebody was stabbed in the tub. When they ship these things, they are wrapped in about a quarter mile of shrink wrap, stretch film, cardboard, chipboard, tape, and other assorted packing materials as well.

 

[Leebo]

So the tub was delivered yesterday - at least that is what his wife texted my wife. I haven't talked to them in detail about it (we are meeting up this weekend).

Apparently somebody came to the understanding that the truck was in the accident, not the cargo on the truck. So while the truck is still impounded, the cargo was released.

I guess we will find out soon.

I’m floored, but excited for them!!!

 

[Newdude]

I’m floored, but excited for them

The truck must not have taken any serious damage, like it hit a pedestrian and not an overpass.

 

[phonedave]

So the tub was delivered yesterday - at least that is what his wife texted my wife. I haven't talked to them in detail about it (we are meeting up this weekend).

Apparently somebody came to the understanding that the truck was in the accident, not the cargo on the truck. So while the truck is still impounded, the cargo was released.

I guess we will find out soon.

The saga continues. They were going to deliver it, but it never got there. My friends and the dealer could not coordinate a time that worked. Now that we had almost 2 inches of rain over the last two days (yes, a LOT of rain) they will have to wait until next week for the grass to dry out for them to get it delivered. We will see

 

[RDspaguy]

The saga continues. They were going to deliver it, but it never got there. My friends and the dealer could not coordinate a time that worked. Now that we had almost 2 inches of rain over the last two days (yes, a LOT of rain) they will have to wait until next week for the grass to dry out for them to get it delivered. We will see

It can be dangeeous to deliver on soggy or unstable ground. One wheel on that dolly sinks and it's going down. I train guys to get the F out of he way if that happens. Trying to save it can break you permanently.