The following information regards the purchase of a supposedly brand new spa which was inoperable after less than a week of operation and the merchant refused to fix it after 3 appointments were made they didn't show up for. Ultimately, a call and complaint to the manufacturer, Dimension 1 Spas in California resolved the initial problem by shipping me a new "service pack" (master electronics board) and turning me over to Arizona Spa Repair who performed the repair service under warranty (3 years parts and labor).
Because of my tumultuous relationship with the merchant and repair service provider associated with the original purchase of this spa, I cannot have this unit repaired for the remaining warranty period (1 1/2 years left) and the unit now needs a new pump/motor.
I would not recommend anyone purchase a spa from his merchant and my sales experience of course was just fine, however, the service after the sale is reprehensible and boarders on fraudulent business practices because 2 major items in this expensive item (service pack and now the pump/motor has failed) that was originally purchased for rest and relaxation has caused my wife and I considerable stress, not to mention what a complete waste of $6000.00 (plus an additional $820 to run a 240 volt electrical line). Avoid this merchant at all costs.Defendant(s): Southwest Spas1110 S. Country Club DriveMesa, AZ 85210(480) 969-6224 or (480) 969-5155Yanni (owner) and Melinda Dalacas (sales manager), Bobby (owner and service adviser)Amount: $5,952.50 paid with check # 1162 dated 12/1/2011 (Desert Schools Federal Credit Union Checking Account) (Monetary Recovery amount will be amended to also include Court and associated Costs)Model Purchased – Serenade, S/N# 167463www.southwestspas.com – Website
Plaintiff: Fred Lane1338 W. Los Lagos Vista AvenueMesa, AZ 85202(480) 756-0971 – Residence(480) 224-6452 – Office(623) 203-2278 – Mobilemrfredlanejr@yahoo.com – email address
To: West Mesa Justice Court (Maricopa County)2050 W. University Drive (NW corner of University and Dobson)Mesa, AZ 85210(480) 964-2958(Notes: Hours, Mon-Fri 8am to 5pm, $93.00 Fee plus Process Server Cost)
Subject: Filing a lawsuit in order to return a defective new spa and receive a full refund ($5,952.50, plus Court and associated Costs) for the purchase price from the business where purchased, delivered, installed and serviced.
On Wednesday, November 30, 2011, I purchased a spa from the defendant which was represented as being brand new which was for my home residence. At that time, I also subcontracted with the Defendant’s Electrician to have a separate 220V line installed for said spa’s operation at an additional cost of $821.00. The electrical line was installed December 1, 2011 at 10:30AM and the unit was delivered and installed at 5:17PM.
The unit ran fine until December 6, 2011, when I noticed the heater and pump were running continuously and 3 lights were blinking on its control panel. According to the Owner’s Manual, this indicates a serious error and it’s recommended that the unit be shutdown and a call be made for service. After numerous attempts and discussions with the Defendant (Bobby) and doing things he recommended to try resolving the issue, at 5:56PM December 7, 2011 he promised he would send someone out to repair the unit December 8, 2011 (and would do so because normally they have a 2 week service call backlog but because my unit was new and no longer functioning he would make an exception) and I instructed him to please call me when the service person was enroute to my home so I could leave work and be there to unlock the security gates to my backyard. Bob, a service technician from Southwest Spas came and repaired the unit.
December 21, 2011, the unit was not operating properly (3 lights blinking again) and needed repair again. Southwest Spas was called and Bobby told me to drain the unit and promised to service the unit Thursday December 22nd by having a technician replace the spa’s "Pack" which should solve the problem. No one from Southwest Spas ever called or came to fix the unit and I have shut it for safety reasons. I no longer want this non-functioning new unit and want a full refund and the unit retrieved from my residence ASAP. I have also provided detailed notes from the events/discussions that occurred between myself and Southwest Spas throughout this ordeal on the following/attached pages.
Fred LaneSouthwest Spa Notes1) 12/1/2011 – Defendant’s Electrician installed a separate electrical line to accommodate spa before being delivered (10:30AM). Dimension 1 (Serenade model) was delivered and installed into my backyard (5:17PM) from Southwest Spas of Mesa, AZ.2) Unit was used 3 times for 1 hour each time between December 2nd and December 5th 2011.3) The evening of December 6th I noticed the spa’s pump and heater were running continuously and observed 3 blinking lights on its Control Panel. In accordance with the Owner’s Manual, I shut the unit down because this indicated a serious internal error.4) At 10:04AM December 7th, I called and spoke with Bobby and told him of the spa’s condition. He recommended doing several things to try to resolve the issue which included leaving the unit off (from the circuit breaker box) for several hours to reset it.5) At 3:05PM December 7th, I switched the circuit breaker box’s power ON and when the unit began running again, and after approximately 5 minutes of operation, noticed 3 lights were blinking on the unit’s Control Panel which again indicated a severe internal problem with the unit (per Owner’s Manual).6) Called Southwest Spa’s and left message for Bobby at 3:34PM. Called Bobby again at 3:42PM, spoke with him, and he stated he would get back to me that day sometime before closing after speaking with his service personnel regarding arranging a service call.7) No one called me back so, at 5:52PM I called Bobby again and he wanted me to try shutting the unit down (from circuit breaker box), remove the secondary and primary filters, and then run the unit without them to see if the blinking lights went out and then call him back to inform him of the results (he stated he would be at the store for another hour).8) At 6:17PM, I called Bobby and got no answer and was leaving him a voice message when my mobile phone rang and it was Bobby and he claimed he called my home phone and the call was disconnected. 9) I informed Bobby that with the filters removed, the 3 lights were still blinking on the Control Panel. He stated it was probably the "Pressure Switch" that needed replacement and that he would ensure that he got someone out to fix the unit sometime Thursday, December 8th and would call before so that I could leave work and unlock the gate to my backyard. 10) Thursday, December 8th, a technician named Bob came out and repaired the unit. When he left, the unit was running fine again with no lights blinking on its control panel.11) Second Incident - During the evening of Tuesday, December 20th, I noticed the unit was running for quite some time before going to bed. Went to bed, woke up about 4am and noticed the unit was still running. December 21, 2011, it was apparent that the unit was in need of repair but I went to work and came home about 2:30pm and the unit was still running. Lifted the cover and discovered the 3 lights were once again blinking and the "Heater" light was also on even though the unit was at my "Set" temperature of 101. At approximately 3:42pm, I shut the unit down and called Southwest Spas and spoke with Bobby. Bobby stated someone would have to call me back but he did schedule another repair appointment for Thursday, December 22nd in the afternoon. At 4:07pm, went over to the store, saw and spoke with Yanni’s daughter Melinda Dalacas (Sales Manager) about a resolution to this issue and inquired about getting a new unit or a different unit and was told that they would need to try to repair the unit again and if the problem resurfaced, then they would replace the unit and charge me for "transporting" the replacement unit. Yanni’s daughter recommended that I call Yanni Thursday to discuss options/resolution. Just before leaving the store, I spoke with Bobby who stated he would send out a repair technician to install a new "Pack" and that should resolve the problem. 12) Later the same afternoon, Bobby called me from the store and asked me to remove the filter and turn the unit back on. I did as instructed and the blinking lights disappeared momentarily but started blinking again. Bobby told me to drain all water from the unit to prep it for having the "Pack" replaced the next day. Bobby also stated he wanted to get my unit running properly because after Friday, they would be closed for a week for the holidays and would not be opened again until January 2, 20212.13) Thursday December 22, 9:36am, Fred called the store, spoke with Bobby and wanted to confirm the service appointment. Once again, Bobby stated that a technician would come out to replace the "Pack" that afternoon. Fred left work early to accommodate the service visit. Fred called the store again at 10:32am, spoke with Yanni’s grand-daughter and left a message for Yanni to please return his call to discuss resolution issue per his daughter’s recommendation. No one from Southwest Spas ever called back or came to my residence to service the unit.
14) To date and for safety reasons, the unit remains drained and power has been shut down and it sits in my backyard completely useless. No one from Southwest Spas ever called or came to service the unit which is unacceptable and I will seek a full refund and additional remedies under the oversight of West Mesa Justice Court proceedings I intend to formally file against Southwest Spas. I also filed reports of these same events with the BBB and the Arizona Attorney General’s Office because a reputable company should never conduct business this way.
Amended Monetary Recovery
$5952.50 - Dimension 1 Serenade Spa$ 93.00 - Court Filing Fee$_______ - Process Server Fee$ 245.00 - Missed Work (7 hours total @$35 per hour)$_______ - Miscellaneous
$_______ - Total
Monetary Loss: $5952.