ComplaintsforOceanBlu Renovations

• Initial Complaint

  12/05/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Hired this company to resurface my pool. I paid extra for a Diamond Brite finish that was represented to me in Writing that it came with a 10 year warranty. The finish on the pool is defective and needs to be replaced because it was obviously not installed properly . The owner of the company uses subs to do the work and does not supervise their work or inspect it after completion. While they were putting the tile on my pool they tiled over the water fill line . When I pointed this out to the owner , he had them come back . They did a terrible job and regrouted the tile which they had just done with white grout using black grout on this small spot!(Incredible)So they had to do it a third time and still did a lousy job.When the pool was drained in september to repair a crack, you could see that the finish was coming off because it had not been installed properly. I called the company because I wanted the owner to come look at the plaster without water in the pool . He couldnt find time in his schedule to do that . Finally after badgering him for a month he came out to look at the pool and I showed him the pictures that I had taken of the plaster while the pool, was empty . He proceeded to lecture and talk down to me as he has in all of my conversations with him. He told me that the warranty that he uses as a marketing tool is basically worthless because the company that makes the product would only stand behind it if large pieces of plaster were falling off the sides of the pool ! Certainly not how he and his salesman market their work to customers.The plaster needs to be replaced and the company needs to stand behind their work.

  

  Business response

  12/20/2023

  We appreciate constructive comments to help our team understand all issues that can arise when working with Homeowners. OceanBlu is always fair if presented with quality and or warranty submissions. 

  In this case, we recently were re-hired to complete a crack repair on the pool structure which existed 2 years prior at the time we were initially contracted to remodel the Homeowners pool.We completed the crack repair back in August 2023. To date, December 2023,OceanBlu HAS NOT been paid for that completed repair. When following up on the past due payment, the Homeowner asked if we could come and look at the pool plaster as he had noticed some loss of aggregate and dis-coloration.  We went out to take a look, we tested water chemistry and could not see any represented defect the homeowner had stated was present.
  
  We discussed some of the normal occurring characteristics of a plaster surface that is two years old and presented a finding to the Homeowner that, In our 22 years of experience, we did not feel that this would not constitute a warranty claim and everything that he had seen, when emptying the pool, was normal for a 2 year old surface, but would be happy to send a manufacturers representative out to take a look  The Homeowner declined and stated, the 10 year warranty was strictly a marketing ploy and did not mean anything  We stated again that some loss of aggregate is to be expected after two years, and is not a defect. SGM pool finishes are applied and finished completely by hand, resulting in variations in color, shade, tone, texture and overall appearance of the pool finish. Pool plaster will degrade over time.
  
  OceanBlu offers a 1 year warranty on all work performed.  That warranty expired over a year ago. The manufacturer of the Diamond Brite Plaster product, SGM, offers an extended warranty, of 10 years, if specified criteria are met. A copy of that warranty, and the criteria to extend, is shown below.
  
  In order to resolve this issue, OceanBlu would be happy to contact SGM on behalf of the Homeowner, as stated previously, and request a visit to review the pool plaster. However, both OceanBlu, in their contract agreement and SGM, in their stated warranty, have a clause stating that all warranty is in-valid if the contractor/applicator has not been paid for their work.  To date, OceanBlu has not been paid for the recent crack repair.
  

  If the Homeowner would like to initiate a limited warranty claim on their own, please notify SGM in writing describing the complaint and photocopies (do NOT send originals) of the warranty as completed at the time of the application, copies of the monthly results of water chemistry records analyzed by a commercial water chemical retailer and by certified mail to:
  ***, *****PRODUCT WARRANTY DIVISION:
  **** **************,
  *************, ******* 33069
  
  
  *** ************************************************** **** (herein referred to as ***), warrants its product solely against material failure from the date of installation for a period of 1 year. In the event of material failure, SGMs sole liability shall be, upon SGMs verification, to provide the materials necessary to repair the area of failure only. It is understood that some cosmetic variation may result in connection with installation of the material upon repair. EXCEPT FOR THE FOREGOING WARRANTY, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BEING MADE HEREUNDER BY SGM, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND REDHIBITION.
  

  Customer will acquire an extended warranty on the same terms as set out above by successfully completion and retention of this on line warranty form. In the event of material failure, SGMs sole liability shall be, upon SGMs verification, to provide the materials necessary to repair the area of failure only, calculated as a pro-rated percentage of the warranty service life. The extended warranty for Diamond Brite (see exceptions below), Diamond Brite Jewels, Diamond Brilliance and River Rok finishes is 10 year Residential or 5 year Commercial. The extended warranty for Diamond Brite Premium White is 10 year Residential and 10 year Commercial.  The extended warranty for *******, Ultra ********************* and Diamond Brite Summer **** or Atlantic **** finishes is 5 year Residential only.
  

  SPECIFIC LIMITATIONS TO LIMITED WARRANTY
  ITEMS SPECIFICALLY NOT COVERED BY THIS WARRANTY INCLUDE, WITHOUT LIMITATION:
  This limited warranty shall not cover damages due to faulty workmanship.
  Warranty shall not cover labor for warranty repair.
  Pool finishes that have been physically damaged or faded, or through lack of proper water chemistry balancing, chemical abuses, or sanitation applications. Pool chemistry must be tested and documented monthly by a reputable company using a computerized system. Monthly printed reports are required as documentation to initiate a warranty claim and failure to obtain monthly water chemistry records shall void this warranty. REFER TO THE INITIAL FILL, BALANCING for OPTIMUM POOL and SPA WATER CHEMISTRY CONDITIONS. In addition this limited warranty shall not apply to damage due to structural failure, or physical abuse to the pool.
  Delamination, surface check cracking, cracks caused by structural defect or damage, or draining of the pool.
  Naturally occurring color variation, staining, mottling and hydration.
  Damage caused either directly or indirectly by an act of God, including any natural disaster such as hurricane, earthquake, tornado, flood, lightning, hail, fire or any abnormal deterioration due to any cause including and without limitation to plant or animal life.
  Damage due to act or acts of negligence, misuse, abuse, vandalism, war or civil disobedience.
  SGM shall not be liable for any incidental, special, consequential or punitive damages, including without limitations, water and chemical replacement, and loss of use of the pool. In addition, minor surface checking, crazing, and/or cracks are not covered by this warranty. This finish is not structural.
  Misuse of the product and/or improper installation or installation outside a body of water, or use in applications for which it was not intended, including but not limited to negative edges, dam walls, beach entries, rolled bond beams, spillways and waterfalls.
  Damage related to freezing and thawing, which includes cracking, delamination and aggregate loss.
  Warranty is not valid unless the applicator has been paid in full.
  Warranty is not valid unless this registration is completed in full and within thirty (30) days of installation. At SGMs discretion, proof of purchase and use may be required as a condition of this warranty.
  Warranty is valid only in the Continental ************* and is non-transferable from the original pool owner listed above.
  IN NO EVENT SHALL SGM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER TORT, CONTRACT OR OTHERWISE (INCLUDING WITHOUT LIMITATION LOSS OF USE) EVEN IF SGM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. SGMS MAXIMUM LIABILITY UNDER THIS WARRANTY SHALL BE TO SUPPLY THE MATERIALS NECESSARY TO REPAIR THE **** OF FAILURE.
  

  It is acknowledged and understood that:
  Some loss of aggregate is to be expected, especially in a new installation, and is not a defect. SGM pool finishes are applied and finished completely by hand,resulting in variations in color, shade, tone, texture and overall appearance of the pool finish. These variations are a featured characteristic of the natural look of the product, and in no way constitute a defect. Pool color is influenced by many factors: size, shape, depth, lighting conditions, local surroundings, application technique, and small color differences between batches all affect color perception. Color may also be affected by failure to maintain proper pool chemistry. Therefore, colored plasters or pigmented finishes are not warrantied with regard to color. When resurfacing over existing finishes SGM Bond Kote System must be applied. SGM does not warranty its products when applied of any other bonding material. Where the existing finish is first removed via sandblasting or chipping, Bond Kote may not be required.
  Our material is tested and certified by independent laboratories. All data is given in good faith however we reserve the right to change products and specifications without notice. SGM advises interested parties to satisfy themselves as to accuracy of any data and to seek certification if appropriate.
  INITIAL FILL and BALANCING, & OPTIMUM POOL and SPA WATER CHEMISTRY CONDITIONS
  In accordance with the ***************************, **** (NPC) standards, it is recommended that the following pool and spa water chemistry conditions be maintained on an ongoing basis for the longevity of the ********************* finish. These values are important to prevent corrosion, deterioration,discoloration, scaling or other problems. For more information refer to your local agency having jurisdiction or NPC.
  Follow recommended fill and balancing procedures to ensure a successful start-up. Fill pool completely and without interruption with clean, potable water. The use of a filter during fill is strongly recommended. The initial fill water is the most important water that the pool will receive and must be tested, recorded and adjusted according to the following parameters by an experienced pool professional. For the first thirty days (30) the pH and alkalinity must be monitored and adjusted (if applicable) every three (3) to five (5) days. All other chemicals monitored and adjusted (if applicable) every seven (7) to ten (10) days. The pool water must be tested regularly and documented monthly by a reputable company using a computerized system. Monitoring the pool water regularly will not only affect the new finish but will keep it looking new.Improper water chemistry will void the limited residential / commercial warranty. It is recommended that a quality sequestering agent be used in the initial start-up in accordance with the manufacturers instructions and then a recommended maintenance dosage per the sequestering agents manufacturer instructions.
  FIRST DAY
  Add sequestering agent upon initial fill per manufacturers instructions.Adjust pH to 7.2 7.6 and total alkalinity to 80 **** PPM. Maintain calcium hardness at a minimum of 125 PPM for the first three days, then adjust to ******* PPM thereafter. ****************** completely in water and disperse throughout pool.
  SECOND DAY
  Record pH, total alkalinity, calcium hardness and temperature levels. Adjust pH to 7.4 7.6 and total alkalinity to 80**** PPM. Dissolve all chemicals completely in water before adding to pool, and allow sufficient time for each chemical to be fully dispersed before adding other chemicals. DO NOT ADD CHLORINE. Brush entire surface twice daily for the first three (3) days.
  THIRD DAY
  Repeat steps from Second Day. Adjust chemistry to the following levels:
  Free Chlorine: 1.0 3.0 PPM
  pH: 7.4 -7.6
  Total Alkalinity: 80 **** PPM
  Calcium Hardness: 200 400 PPM
  Stabilizer: 30 60 PPM
  Adjust circulating pump timer to normal operating hours. Brush the pool walls and floor daily for the first two (2) weeks. Do not vacuum pool with wheeled vacuum for 14 days. Putting a wheel cleaner in the pool prematurely can cause wheel marks/ tracks to show up on the pool finish. Do not install an automatic pool cleaner for 28 days. No salt should be added for 28 days. Please make sure the water pH and alkalinity is balanced prior to the use of salt chlorine generators.
  DAILY WATER CHEMISTRY AFTER 28 DAYS
  Maintain the water chemistry using the ********* Saturation Index (LSI)maintained between 0.0 and +0.3.
  Description Pool & Spa Water Levels
  Free Chlorine Above 4.0 PPM may cause corrosion 1 to 3 PPM
  Total Chlorine 1 to 3 PPM
  pH 7.4 to 7.6
  Alkalinity 80 to 120 PPM
  Calcium Hardness 200 to 400 PPM
  Cyanuric Acid 50 to 80 PPM
  TDS 300 to **** PPM (Non-Salt Pools)
  Salt Level **** to **** PPM (Salt Chlorination ONLY)
  
  This warranty constitutes the sole and only warranty being made by SGM and may not be altered, modified or changed except by a written instrument signed by the President of SGM. No oral representation, warranty or promise may be relied upon by any person in making a warranty claim hereunder.
  For any valid claim presented under warranty; SGM, **** will provide the owner with a standard remedy. For any claim that is not valid, owner will pay SGM, ****reasonable charges, including travel and labor, associated with investigation of such claim.
  LIMITED WARRANTY CLAIM PROCEDURES
  To initiate a limited warranty claim, notify SGM in writing describing the complaint and photocopies (do NOT send originals) of the warranty as completed at the time of the application, copies of the monthly (or more frequent)results of water chemistry records analyzed by a commercial water chemical retailer and by certified mail to:
  ***, ***** PRODUCT WARRANTY DIVISION:
  **** **************,
  *************, ******* 33069
  Any and all controversies, claims or disputes arising out of or relating to the terms and conditions of this warranty shall be settled by binding arbitration,conducted in Broward County, ******* under the rules of the American Arbitration Association.
  Valid only in the Continental *************. Warranty is Non-Transferable.
  
  
  
  
  
  
  

  Customer response

  12/28/2023

  I am rejecting this response because:   The narrative set out by the business is bad fiction. The pool had to be drained in order for the business to repair the crack. After seeing the large amount of what the business is calling degradation,  I immediately called ***************************** at the business and requested that he have the owner come look at the pool surface while the pool was empty because the water obscures the damage . ****************** told me he would have ******************** come look at it .
  
  ******************** ignored me for 2 months! The only reason he came out was because I told him I would not pay the bill . When he did come to look at  the pool ,which was now full of water ,he told me he had never seen SGM fix  a warranty claim . In fact ,he said , I dont think they would fix it unless large pieces of plaster were falling off the sides of pool !
  
  This is what lead me to the conclusion that the warranty Oceanblu offers is a scam . But if Oceanblu wants to have SGM come look at it ,I am fine with that . Based on what he told me I think its a waste of time ,but in fairness, have them look at it .

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