On April 24, 2013, I and my boyfriend met with a sales representative from Aqua Care USA. We gave a 10% deposit on the work to be done for a custom shower. A week later the materials man came to get an official measurements and we gave an addition 40% deposit as required by the contract; $5600.00 all together.
We had purchased a custom shower to be installed on May 29,2013. No one called from the company to advise us that the install date could not be met, and the date passed without any installers showing up. No one called to reschedule. The contract that we signed stated that the company had a 20 day window from the install date to commence installation. After the 20th day , Aqua Care USA was in breach of the contract.
I waited a little more than twenty days and contacted the company and was told that the construction manager would call me back. He didn’t. I called several times after that and never received a call back. Then I called and was finally connected to him directly. He said that he had tried to call me back, but the home phone had been entered wrong in the computer. Was my cell phone entered wrong also, and how many phone calls did it take before checking the contract to see if the number was correct; not to mention that I had left my number every time I called.
Our conversation concerned the construction manager’s opinion that the splash guards on the bench set would not be sufficient to keep water off the floor when using a shower curtain. He wanted to consult the engineers to resolve the problem. He said he would e-mail me a drawing of the shower. This successfully forestalled my question of when would the shower be installed, which was probably his intent.
Needless to say, after a week I had not received the e-mail, so I called and he said that every time he sent it the e-mail had bounced back. I asked the CM what address he had and it was correct. I told him to send it while I waited on the phone. I was amazed that I was not amazed when it came through as a schematic that had nothing to do with what I ordered, and did not even show the bench seat. He again began to explain the problem in painful detail. I solved it by telling him to move the seat back 2” from the shower pan. He said that he would e-mail a revised schematic for my approval. After I hung up, a search of the company website determined that he was describing a problem with an another design and not the shower that we had been sold.
After fifteen days and no e-mail, I called again yesterday, the 6th of August. By then the CM had lost the thread of his story, and told me that he had ordered the materials the day that we last spoke and would call the warehouse manager to confirm that the materials had arrived then call me back. At this point I must say that one of the painful details referred to above was that it would take two days for the materials to arrive from the manufacturer, then two to three days to send to the installer, and then the shower would be put in within a week. I felt I should run into my bathroom and see if the shower had magically appeared!
I was shocked when the CM called me back the same day, but that wore off as soon as he said that the shower pan had not arrived. I guess it didn’t occur to anyone to check into this over the course of the last fifteen days, but he assured me that he would.
At this point I believe that I have sufficient cause to not believe anything that I am told by Aqua Care USA. The resolution I am seeking is a full refund of my $5,600.00. There is a clause in the contract that states that Aqua Care can retain up to 20% of the deposit, however, they are in breach of contract and a full refund will suffice as damages.
Monetary Loss: $5600.