The Saga of A.S.
(Does Erik Have a Friend?)

It appears yet another customer has had a rather disastrous experience. The following is an exact copy of emails sent to this site. Only the customers name has been changed (to his initials).

The following "words" came to us accompanying what follows (it was submitted as a doc file of almost 300k) -

I had a 10 month recent saga trying to deal with Jim. I just finished organizing all the e-mails and leters into one document, which I have enclosed. It does reinforce for me it is the same kind of behavior and issues as related in the Eric saga from a couple of years ago. You may recall back in Dec Jim was posting on forums about credit card scams and poor documentation but related that to Eric and people were confused. In reality Jim was lamenting about his failues in my case but couldn't very well post he was not taking care of another customer....

I bought a Master spas LSXS and it has better performance than what I found in the Haven SCF. It is as quiet, and has less chemical work. It has better therapy, at least for what I need, so Jim has lost a wet test to another spa. Plus I am an engineer.....

Following is the entire documentation sent to us (Don't miss some closing words at the bottom that were also received).

I sent you some of this before. I had a 10 month recent saga trying to deal with him. I just finished organizing all the e-mails and leters into one document, which I have enclosed. Not sure I want this posted all over the web sites as it is large. However, it does reinforce for me it is the same kind of behavior and issues as related in the Eric saga from a couple of years ago. Maybe you have some ideas.

If Jim delievers something that works, then maybe he is okay to deal with. If it is broken or has problems like my spa did, then he can't adjust to take care of it.

You may recall back in Dec Jim was posting on forums about credit card scams and poor documentation but related that to Eric and people were confused. In reality Jim was lamenting about his failues in my case but couldn't very well post he was not taking care of another customer....

I have a few photos too if you need those. One of Jim's truck with camper and a trailer full of spas. Didn't look too safe to me and although I do not have a scanner Jim wrote back to my credit card company how he had a spa fall off a trailer and skid down the road but still operated. I guess his engineering background didn't differentiate between a dynamic event such as a skid and slow stop into snow and a hard fall from the trailer onto the street at my house.

I bought a Master spas LSXS and it has better performance that what I found in the Haven SCF. It is as quiet, and has less chemical work. It has better therapy, at least for what I need, so Jim has lost a wet test to another spa. Plus I am an engineer.....

I know I never should have bought from Jim but I thought just maybe it would go okay. I almost sent him a check but when I ordered, I had a voice in the back of my head saying use the credit card so at least I had some protection. I am glad I did now.

Who else should I send this too? I don't know who is who on some of these forums.

Thanks,
A.S.

---- Original Message -----

From: "S., A."
Sent: Wednesday, May 08, 2002 8:55 PM
Subject:Spa purchase

Hi Jim,

I bought a Dynasty spa in mid March. It was "delivered" two weeks ago by a couple of "kids" who clearly didn't know what they were doing. The spa has damages and I have notified Dynasty and H&H Sales owner. He is trying to tell me I bought it "as is" and that is not written anywhere on my paperwork. Then he has a third party company to do repairs. The lady has been real rude claiming my wife said it was okay to come today when I called them yesterday and said it was not a good day. I suspect the third party company isn't looking too good with H& H Sales right now for botching things up.

The Spa is leaking, there are numerous scratches in the surface, scratches on the plastic wood case, radio doesn't work, valve leaking, pillow missing and electrical connections disconnected. They tried to give me a cheap 2-4 inch cover rather than the 3-5 inch Dynasty says is standard. They are trying to give me a different warranty than the factory warranty.

Anyway I talked to the owner at H&H yesterday. He is basically telling me they will try to fix the spa and I live with it with all the scratches or I can get my $$ back.As I only put down only a down payment I will not get much back but at least I will get my $$ back.

I am trying to decide today/tomorrow what to do. While Dynasty has a good spa, I am not so confident in the H&H Sales and the Spa Dr out of Birmingham who will have to do repairs and warranty work. Thus I am seriously considering returning the spa.

I was there last June in your shop. I have arthritis in my back and need good therapy. I gave up on putting a spa inside and have a cement pad in the back where I put the spa. I have a 50 amp box and GFCI. I also have a guy doing some landscaping to terrace/patio/deck the back yard to make it more usable.

So much for my tale...What do you have in stock and is available? Where are the photos of the Brookfield? What is the difference between a super custom and a regular? I see some of the options are standard. If I ordered something how long would it take? What is all in the package? The new prices aren't all that clear. It seems you offer a good cover but then want to add for a cover. You say shipping is in the price but then want $400 for delivery which seems high considering shipping to at least my driveway is included....Like I say it is confusing.

We have a local LA spa dealer. She is where I get my pool supplies and while LA is built okay I really don't like the layout of their jets. She used to have Emerald but last year they quit carrying them. A couple of weeks ago she still had one left, but it is only be a base model with an elite package I think. I would have to go look again which I will do after work.

I thought Spas were supposed to be relaxing. This has been anything but relaxing.....

Thanks,
A.

-----Original Message-----

From: James Arjuna
To: S.A.
Sent: Wed May 08 19:32:06 2002
Subject: Re: Spa purchase

A.;

We changed the pricing, because people we confused last year as well. I'd much rather have them email me with questions. The Paramount series of spas all come with a 5 to 3 inch cover standard. Our up grade is a 4 to 2 inch with a much denser foam and almost the same R-value.

The Brookfiled looks like this http://www.xxx.com/moe.html. I suggest the Watertown as a wonderful spa with no lounge. Every seat is a winner and different. The Brookfield is the sister spa to the Fallsburg.

The spas are taking about 8 weeks to get built and delivered.

We have a refurbished Super Custom Fallsburg, one of the early one's. It was taken back to the factory for full upgrades on the jets. The old jets had leak problems, so we replaced the spa. It has all new wood and new speakers. I had them completely strip the spa and start over. It is 7500.00 with stereo CD, cover and ultimate control from HQ Gecko. Dark Twilight color. It is litterally like new with a new warranty of 4 Years left on it parts and labor. It can be shipped to you in a couple of weeks.

We have a standard Fallsburg with Stereo and Fiber Optics in "Desert" color. It is our showroom model. We are selling that one for 7300, base price.

We have a shipping and separate delivery charge. We completely set up the spa and get it going. Install the cover lift, and check out the spa. Show you how to check the water. It is $417.

We run a first class operation. It is a customer first policy that we truly live by, but it does cost to take care of business. I have not found better spas or better service, even at a distance. If you don't like the fellow we send out we will find another or you can choose.

I have another customer in Atlanta area who wants to trade up from his 2 year old Watertown to a Super Custom Fallsburg. His spa is on our testimonials page. Grant. He needs 5655 for the spa with Cover. It is worth it, because it was kept perfect.

Jim

1 June, John and another guy come to deliver my spa. They drop it off the trailer into the street.

2 June 2002
A. wrote:

Jim,

As you know, I had my spa delivered yesterday.

There are a few other problems besides the damaged wood and wrong cover. One air jet in the leg section of the lounge doesn't work. John tried to fix it and said to use it for a while and maybe a piece of silicone would work its way out.

One of the water lets in the lounge seat doesn't work at all. Looking at the back it is the right one just above the lowest jet. It will not turn at all and no water is coming out.

One of the neck jets on the hot seat had all the parts come out. I tried to screw it back in but so far have not been successful. The other one there is loose and just turns with no adjustment. These are the two center neck jets in the back of the seat, not the two jets on the collar. This is also the side and spot where the spa dropped breaking the wood so maybe it is related.

The control panel says 103 degrees F but it didn't feel warm. I put in a thermometer this morning and it got to 98 degrees. So the heater control is not working right to set or maintain the indicated temp.

Do you have a sheet on all the testing and schedule needed? John showed me a bunch of tests but left no written info so it is hard to remember what to do when. Also I have no receipt for the purchase.

John said you may come back to fix the spa with the wood and cover. I will be on travel to Washington, D.C., Wed thru Sat this week. Then we go on a cruise from 10-21 June. We will be home late on Friday 21 June and available after that. It will be hard to contact us before the 21^st however.

The guy working on our yard was here yesterday. He saw the Dynasty spa I had for the two weeks it was here and looked at your spa and said this was a much better spa! The Dynasty had a pearl finish with the fiber optic jets so it looked good but this one is better. He found it hard to believe I would order a spa from Colorado and have it delivered.

Hope to get things fixed soon.

Thanks,
A.

----- Original Message -----
From: James Arjuna
To: A.
Sent: Sunday, June 02, 2002 7:44 PM
Subject: Re: S. SCF Spa purchase

The temperature is a low level programming item. That pack has too many adjustments on it.

Call us with a walk around phone and I'll talk you through the programming.

The jet in the lounge is probably a little dirty. Use some force to turn it counter clockwise. It is removable by pushing the clip into the center and pulling out the jet.

If you turn the neck jets too far counrterclockwise, it unscrews the insert. You can start the insert back in by using a finger to start the threads, or put a pencil in the center of the jet face and turn it clockwise. Just snug the jet insert.

The instructions for water care are at http://www.xxx.com/ioninstructions.html

We will be coming by in a few weeks to fix the spa.

I'll have Dan, our service coordinator, contactyou.

Jim Arjuna

22 June 2002
A. wrote:

Jim,
We are back from our cruise.
What is the plan to come fix the wood, cover, deliver filters, etc on our spa?
Thanks,
A.

----- Original Message -----
From: James Arjuna
To: A.
Sent: Saturday, June 22, 2002 1:00 PM
Subject: Re: S. SCF Spa purchase

The truck is suppose to leave next week. I don't do the sheduling any more, so I'll check with Dan.

Did you get the temperature set?

If you want I can talk you through the process on the phone.

Jim

5 July 2003
A. wrote:

Jim,

You responded two weeks ago that my spa would get fixed. I have heard nothing in the past two weeks about anyone coming. When is someone coming?

Thanks,

----- Original Message -----
From: James Arjuna
To: A.
Sent: Friday, July 05, 2002 3:50 PM
Subject: Re: S. SCF Spa purchase

A.;

We are on the road now, SA. and I. We are a little slow, being the elders of the group, but, we should be there next week. We are up north right now.

How warm is it there, these days/ It is 95 degrees up here.

I will be having intermittant email for the next cople of weeks. So, be patient and I'll get back to you as soon as I have a hook up.

Jim

Jim and SA. arrived on 19/20 July to repair my spa.
I send a letter to my credit card company on 21 July outlining my problems with the spa and service, so as to submit my issue before 60 days ran out.

18 Aug 2003
A. wrote:

Jim,

What is up with getting my spa fixed? I am now at the Air War College and not home. My wife said a small box arrived from you with an electronic device. I assume the ozone generator? I still have not received the extra filters I ordered, it seems. Before I left for the College, there were some rotating jets now not rotating in the hot seat, since you worked on my spa.

The wood is still broken

The radio does not work

The jets have discolored

The cover is full of small cuts and nicks and does not have the center handle as you said it did when I ordered.

I will be home over Labor Day weekend and would like to have my spa to have everything fixed. Will you have someone come out to fix everything before then?
Since there is a problem with the jet discoloration and the damage to the corner wood you indicated was "impossible" to fix correctly in the field, can you switch this spa out for another and then you can take this one back to the shop or factory and repair it correctly?

You assured me you had a high customer service policy as your goal in selling spas when I ordered. You assured me this spa was fully checked out and repaired in the factory and at your shop, but it seems to be full of problems for all the attention you indicated it had.

I ordered in May and yet by mid-Aug I still do not have all of my order or all of the problems resolved.

Please provide the plan to get all of the issues resolved.

Thanks,
A.

No response from Jim
I resent the same e-mail 25 Aug and I added:

Jim,
I sent you this e-mail a week ago, but I have had no response to basic customer service questions. "We run a first class operation. It is a customer first policy that we truly live by, but it does cost to take care of business. I have not found better spas or better service, even at a distance."

Your quote says you have a customer first policy. Yet I have waited all Summer to get my spa properly adjusted, repaired from it being dropped and even something as basic as filters which you recommended and I ordered at the time of delivery.

I see also however, you do have time to read another Spa message board and respond to posts there. But you cannot answer your own customer's questions. I don't understand.

----- Original Message -----
From: James Arjuna
To: A.
Sent: Sunday, August 25, 2002 10:16 PM
Subject: Re: Fw: S. SCF Spa purchase

I gave your email to my service manager. He was supposed to email you and let you know what is going on. I am trying to get clear from the service end of our business. As soon as I received you email I gave it to Dan.

I apologize for the lack of communication. I just went over to look at Dan's email "sent" folder and there is no email sent to you. I will have to get on his case about it on Monday. I hope he called your home and talked with your wife.

I had thought that all your issues were handled and you were communcated with. From now on I will be on top of your situation myself.

The spa was operating perfectly when I left it. Is there something wrong?

I contacted the factory about the jet discoloration and there response was the same as mine. We have had some jet discoloration and it does get darker over time, due to the water and ozone and shock and chlorine and ions. There is always some discoloration but yours was very quick.

I remember talking with you about how to hook up the ozonator and you saying you could do it. It is really simple and most of our customers are happy with the new more powerful unit. If you want to wait for us to install it we will be there on the next trip leaving this week.

I had thought that you were satisfied with us coming to do the wood corner peices. If you could not wait, we would have contacted someone in your area to fix it. Sorry if I missunderstood.

I am going to have Dan send you a bunch of replacement jets and suction fittings covers, as well as the tops to the air controls. If these discolor then there isn't much we can do. The jets we use are the same used in many spas.

I apologize for my mistake on the 5 inch to 3 inch cover. It has no gazebo handles, the older version with 3.5 to 1.75 foam does. I still have a couple of those if you want one. I went out and checked all the covers. The nick I saw on yours was minor and showed no penetration of the skin.

Your spa is a used spa that we were able to still apply the warranty too, there are no "used spa factories". I had hoped that you would be OK with it. As a used spa it is not going to be perfect, but it does work exactly like a new one, because it was rejetted with new jets. If you want us to replace it with a new SCF the difference is the new ones with a package about $10,000. About 2500 difference for the rebuilt spa.

The wood coner pieces cannot be easily fixed, but they can be replaced with new ones. I guess we had a miscomunication on that. We have replacements here now.

Thanks again;

Jim

----- Original Message -----
From: "James Arjuna" <spaspecialst@xxx..net>
To: A.
Sent: Tuesday, August 27, 2002 12:16 PM
Subject: Spa Service.

Hello A.,

I'm writing to let you know that the spas for our next trip are currently being loaded on the trailer. We should be leaving by the end of Wednesday.

The drivers will contact you when they are on the road. We will have the radio, wood panels and jets that you need.

I would like to apologize for not contacting you sooner, it has been a little crazy around here for me. But enough excuses. I will make sure that you are taken care of as quickly as possible.

Thanks
Dan @ The Spa Specialist

9 Sep 2002. Frank and his wife show up at our house at 8:45 PM. They want to work on the spa. My wife calls me and I talk to Frank. I ask Frank if he has the spare filters. No. Does he have the wood panels? No, he thought they would be shipped directly to me. Does he have the correct cover? No. I then tell Frank he should remove the spa, as he is not fully prepared to fix all the problems while it is at my house. Frank said he was not authorized to address all my issues. He would call Jim and Jim would contact me the next day. I said that was fine.

10 Sep. No calls or e-mails from Jim to either me, or my wife. Frank does not return.

Certified Letter, return receipt, mailed to Jim.

                            11 Sep 02
                            XXX XXXXXXX XX
                            XXXXXXX, AL XXXXX

Jim Arjuna
The Spa Specialist Inc.
14971 Raritan
Broomfield, CO 80020

Dear Jim,

I bought a spa from you, as you know. It was dropped upon delivery and has had problems since delivery.

John delivered the Spa on 1 June. John tried to fix many problems. It had the wrong cover, broken wood, jets that did not work, and was lacking the extra filters I bought per your suggestion on the standard supply list. John assured me you would more that make things up to me for all the mistakes.

The e-mails and communication were, from my perspective, haphazard. You arrived in July to fix my spa and still did not have all the parts and supplies necessary. You had to spend two days and the spa still was not completely repaired, nor did I have the extra filters.

I sent e-mails that went unanswered. You claimed it was Dan or others. but in the end, you are still responsible for your company and employee actions or inactions.

I tried again to follow up on the repairs of my spa in Aug. I asked things be completed by Labor Day. This didn't happen. Finally on 9 Sep Frank arrived at 8:45 PM and he too admitted he was not fully prepared to fully and properly repair my spa. Dan e-mailed the wood parts would be brought and Frank was under the impression the wood pieces were shipped directly to us. No wood pieces have arrived at our house. I can only conclude there is very poor internal communication in your company, or worse, I am being lied to. Neither conclusion supports your statement you run a first class operation with a customer first policy.

Frank assured my wife you would contact me, or at least her, yesterday on what to do. I told Frank to take the spa back and make sure it is properly repaired, as it was clear it was not going to get fixed in a timely manner while still at my house. Neither my wife nor I had e-mails or phone calls from you yesterday. Again, no communications from a company that claims strong customer service on message boards and forums all over the Internet.

I am extremely disappointed. I have a broken spa and have waited three and a half months for full and proper repairs as well the delivery of what I was promised and ordered. It has not happened.

As you may know by now, I have initiated action through my credit card company to stop payment. They assured me the money has been credited back to my account.

I would not have ordered a spa if I did not want and need one for my arthritis. I did come to your business in June of 2001 and did a wet test, so I put forth the effort to see your operation before purchase. I read the internet for over two years.

I wanted a spa. I typically prefer to deal with small businesses, as the customer service usually is better. As I stated, I am very disappointed in my treatment and service to date from you.

At this point there are not many options left. I lack any confidence you will be able to coordinate a full and proper repair of my spa. You may replace my spa with a new equally equipped Super Custom Fallsburg spa with the filters and cover I was promised, at no additional cost. I expect this to be accomplished by the end of the month of Sep.

I am sorry the situation has come to this. I have waited patiently for you and your employees to take care of this situation. How would you feel if you were in my shoes and had to wait for so long? I see how you react on posts to Spa message forums so I doubt you would have had as much patience.

Sincerely,
A. S.

----- Original Message -----
From: Website Complaint Form
To: A.
Sent: Tuesday, September 17, 2002 7:15 PM
Subject: Confirmation of Complaint 808180 for your records
Better Business Bureau Online Complaint System

This is a computer generated reply confirming that your complaint has been properly delivered to the appropriate Better Business Bureau.
PLEASE DO NOT REPLY TO THIS EMAIL.
To inquire on the status of, modify, add to, provide additional complaint detail, or retract a previously filed complaint, please contact the BBB listed at the end of your complaint.

The following complaint was submitted on 9/17/2002 7:15:43 PM:

CUSTOMER INFORMATION:

A. S.
XXX XXXXXXXX XX
XXXXXXX, AL United States XXXXX
e-mail address
Daytime Phone (XXX) XXX-XXXX

COMPANY OR ORGANIZATION INFORMATION:

Spa Specialist Inc
12910 N Zuni St
Westminster, CO United States 80234
(303)404-2224
spaspecialist.com

COMPLAINT INFORMATION:

Complaint #: 808180
Complaint Type: General Complaint (not a car maker)
Date Received: 9/17/2002
Primary Complaint Classification: Delivery Issues
Secondary Complaint Classification: Repair Issues
Complaint:
I ordered a spa from the Spa Specialist in May 2002. It was described as total rebuilt at the factory and then checked out at the Spa Specialist in CO, with new jets, wood cover, radio. 4 years parts and labor warranty. The spa was dropped upon delivery at my house. The wood was cracked and broken, jets did not work, the cover was wrong and filters were not delivered. John the delivery guy called Jim Arjuna about all the problems and I followed up with e-mails.. Jim was to come the end of June but did not come until mid July. He spent tow days trying to fix my spa. He did not have the wood panels or partsa. HE did not bring the filters and he brought a cheaper cover than I was told with cuts in it. Jim sai dhe made a mistake on the type of cover. He substituted a cheaper one for me and said I could pay extra for another one. The radio quit working and the ozone parted needed replaced. Jets had discolored. Jim smeared silicone all over the inside and outside of the spa and radio cover which looks sloppy. Jim noted all the problems and assured me they would fix it soon. It was Aug and I asked for everything to be repaired by Labor day. I got no response to my e-mails. I wrote my credit card company about the missing and defective merchandise. Jim finally responded to one of my repeated e-mails and said Dan was suppose to let me know what was going on. No word from Dan. Finally a guy Frank showed up at 8:45 PM on 9 Sep. He too did not have the wood pieces, the right cover or the filters I ordered. He was going to install the ozone generator and fix the radio. I told him if he could not fix it right then he should take the spa back and replace it. He siad he would call Jim and Jim would contact me the next day. No word from Jim and Frank did not take the spa. I tried to send Jim a certified letter with my outstanding issues but i came back today returned as undeliverable. I wanted a spa. I want one that fully works and has all the parts, and is not broken or cracked
Desired Settlement: Replacement
Settlement Explanation:
Jim can take this spa and deliver an equal or better one as I ordered without all the problems, the right cover, and the filters at no additional cost. I do not believe Jim can properly repair this spa as it sits. It is supposedly covered by warranty. My credit card company has withdrawn my funds due to delivering defective and missing merchandise. I will reauthorize payment once the spa is exchanged.
Customer Service Rep: Mr. A. S.
Product or Service: Super Custom Fallsburg spa
Model Number: ??
Account Number:
Order Number: May 2002
Salesperson: Mr. Jim Arjuna
Payment Made: Yes
Purchase Price: 8400
Disputed Amount: 8400
Payment Method: Credit Card
Purchase Date: 5/9/2002
Problem Date: 6/1/2002
Complaint Dates: 6/1/2002, 7/21/2002, 8/18/2002

19 Sep 2002. Jim writes a 7 page letter to his bank in response to my complaint to my credit card company.

----- Original Message -----
From: James Arjuna
To: A.
Sent: Sunday, September 29, 2002 12:59 PM
Subject: Re: Spa Service.

A.;

I have responded to you allegations to the credit card company. As soon as you accused us of illegal, like bait and switch, activities, and tied up your money, all you did was delay the process of having your spa issues resolved. You stood right there and told me that you were perfectly OK with having our guys come and work on the spa on a delivery trip. Since the spa is fully functional and I examined it carefully for any mechanical problems. There were none. Because it has a brand new controller, all it needed was temperature calibration, which took me one minute. If you had called me, I could have talked you through the simple procedure. I spent a lot of time examing the spa becasue of your concernd, and found the spa to be in perfect working order with no structural damage.

As far as I know you may have left the door open on the AM/FM CD player and let it get wet. It was a brand new unit and so were the speakers and all of the jet fittings. It was totally refurbished, just like I told you, but it is still a used spa according to law.

'When you refused to have our guys fix the spa, you made a bad choice, in my opinion. My employee, Frank, had a new radio and ozonator (we threw in the used one) for free, all the jets to be replaced, and the wood panels were on their way. If that is not good enough for you then I am sorry, but that is exactly what you agreed to when I spoke to you in person. I have a thing about believing a man at his word. I tried to handle this as we always do with our customer first policy. We drove 200 miles out of our way to come and do this for you. Because you refused warranty service, we could charge you a labor charge and drive time charge. I don't understand you at all. I thought you really wanted the spa fixed. It seems according to your unreasonable demands that you want a new spa in exchange for a used on. That makes no sense at all, except that it is wishful thinking.

After I examined the spa, and saw that it was functioning perfectly, you contacted the credit card company after I told you we were coming on the next available trip to work on the minor issues. It did take a bit longer to have a truck in your area, but you do have a fully functional spa. You agreed with that because the spa is totally functional, except for the radio. The radio doesn't even have a labor warranty on it. And if you damaged it by leaving the door open and getting it wet, then there is no warranty on that either. We were going way beyond the warranty in taking care of you. It seems like you just let the spa sit there and not take care of it.

I don't think you understand the legality of all this. You could be in serious legal trouble.

Here are you honesty and integrity options that are available to you.

Our 30 day return policy is this. It is very generous:

Even though you are way past the 30 days, we are willing to extend this to you for another 10 days, until Oct. 9, 2002

1/ If you decide to return the spa then you pay shipping and delivery to your place and you pay pick up and return to Colorado charges. Everybody who has purchased a spa from us has agreed to those terms. The value of the spa is all you get refunded. The shipping and delivery services are not refundable. The cost for the shipping, delivery, and pick up and return shipping is $1804. That equals a net refund to you of $6574

2/ If you decide to take another Haven or Emerald Spa from us, you pay the difference in price between the two or receive a credit for the difference if you choose a lesser cost model and we deliver, ship and exchange the spa for no extra charges. There is no out of pocket expense for the shipping or labor to exchange the spa, even though legally we can charge for these services. Read the warranty card.

Here are some options available to you for an exchange spa:

If you want a new Super Custom Fallsburg the price is $8683 with NO CD player or extras. That means you pay the difference of $8683 - $7500 for the used model which equals $1183.00 We have on in stock ready to be exchanged in Sahara Color with a standard cover. We have it in the testing area right now. It also has all the latest refinements on it for 2002

If you want one exactly like the one you have it is $1183.00 Plus the price of the stereo $525.00 plus the extra for the cover with the speaker shrouds = $92.25 That equals a net cost to you of $1800.25 For the exact new replacement for the used spa you bought. It still takes 10 weeks to get one made.

If you take a look at our price list, you can exchange for any model we have, using the exact same cost difference. If you choose a Shorewood Silver model, for example, it is $4987.50 Plus the cover of 186.75 totaling 5174.25 At the exchange we will charge back to your credit card the difference of $7500 - $5174.25 = 2325.75.

Even though we legally could charge for shipping and replacing we offer this lateral exchange as a way of caring for our valuable customers if they are not satisfied with the spa they have.

When you contacted the Credit Card company for a charge back all you did was put the whole thing on hold. We cannot do warranty work on your spa until the payments are settled. You must contact the credit card company immediately and tell them you no longer are contesting the charges. Then we can proceed on this. Until then everything is on hold.

As soon as you decide on what you want, we can help you.

I really like you A., and I don't understand all of this. What is with the Certified letter? What is with contacting the credit card company? Why didn't you contact me about these generous options we have?

I hope we can remain friends and have you continue in the Haven Family of spa owners.

Sincerely;

James Arjuna
President of the Spa Specialist Inc.
Broomfield, CO

----- Original Message -----
From: "A."
To: "A." "James Arjuna"
<spaspecialst@xxx,.net>
Cc: <ja@xxx.com>
Sent: Sunday, September 29, 2002 7:16 AM
Subject: Re: Spa Service.

Jim,

I hit the wrong button on the last message before I was done.

Please come get your spa. It is clear you do not intend to correct all the mistakes and problems.

You do not even want to keep me informed. I have tried every way I can think of to address my issues with you including a certified letter.

You claim a customer first policy on your web site and various others yet I cannot get simple straightforward answers.

I need your spa out of my yard as I am arranging for the purchase of another.

If you do not remove your spa by 12 Oct I will consider you wish to abandon it and I will be free to dispose of it as I see fit.

I am sorry you have not been more cooperative but I have waited 4 months for resolution to all my issues concerning delivery, dropping the spa, and defective or missing parts.

I do not want something for nothing, I only want what I paid for and to date have not received.

29 Sep 2002 First e-mail before I was done.

Jim,

At this point I will not negotiate any more

I called my credit card company and my money has been returned to me.

You have a spa that you may wish to remove from my backyard. This Needs to be done promptly as I have requested.

Please coordinate the time sufficiently in advance so someone may be at home.

Thank-you,
A.

---- Original Message -----
From: "James Arjuna" <ja@xxx.com>
To: A.
Sent: Tuesday, October 01, 2002 6:45 PM
Subject: Re: Spa

A.;

I didn't know that we were negotiating?

I thought we were trying to resolve your problem and remain friends. I certainly understand your concerns, but if I wasn't trying to make it right it would be one thing, but since we want to keep you as a valuable Haven Spa customer, I would like to see you get something you love to own. It doesn't seem that the spa you have is exactly what you want or you have bad feelings towards it. I think it is a great spa.

We do not negotiate prices at all, because our prices are too low to begin with, we simply serve our customers as best as we can. Just to jog your memory, I have a photo of you standing near the spa, right after I told you we would fix the wood on the next trip near you. You agreed to it. Remember?

At that time the spa was functioning perfectly, except for the radio that got wet at your place. Frank came out with the radio and a box full of jets to replace. The wood was late arriving, so we were having it shipped direct. He started working on each of your issues when he was told to stop by you.

We test all the spas before they leave and the SCF is tested by me. With every SCF, even the used one's I take personal involvement in them. They are like a fine tuned machine. I went over the spa you have "with a fine toothed comb" and checked the operation of every part. I checked the entire spa over top to bottom. It was in full operation when I left. It was fully usable when I left you.

Your money is in "limbo" for a while. We have contested your claims and our processing company has sent the information to your credit card company.
They only do this when the information from you and us points to no charge back. The money will most likely be returned on your credit card statement soon.

I suggest you take some time to determine which Haven Spa you want. That new SCF without the stereo is available now and we could exchange it for you at a difference of $1183 additional difference from the new to the used one.

Let me tell you the differences on it. It has the new cabinet that you can see on the Springville and the Waterford pages. The plumbing has been refined even more with pump one moved closer to the suction fittings. The jets have been changed in some locations to a new style of medium cyclone interchangeable. The Filter Housing is upgraded to 200 Sq. Ft. We have a new valve on the leg jets in the lounge and on the captains chair. Sahara is a lighter color with a tan flavor. If you take that one, I'll throw in the DAIT insulation system in beta testing for you. That is worth about $400.

So, if you take the exchange spa, you will not only not have to pay any shipping or service charges, but you get the Dynamic Automatic Insulation Technology as well. It is the most advanced thermally engineered spa on earth. It uses thermal sensors to control the internal temperature inside the cabinet based upon several conditions, including the outside ambient air temperature. It is in a prototype condition, now, and I wanted some feedback from discerning customers such as yourself. If there are any refinements needed we will place them on your new spa. If you are interested, I can give you more details on how it works.

If you decide on that spa, SA. and I may deliver it personally and I will spend or have my guys spend, a long time making sure every thing is perfect before leaving. Again we will not charge any for the labor or shipping on the exchange new spa. It will also have the full five years warranty from the time of delivery. I will include the upgraded 2# density 4 inch to 2 inch higher quality cover with the gazebo handles and 8 tie downs.

Please, let us bring you another spa or fix the wood, stereo, and give you a free ozonator for the one you have.

Thanks again for allowing us to serve you.

Jim Arjuna
1-888-478-2224
CC: Eliot management.

2 October 2002 Jim writes a response to the Denver BBB with copies of e-mails and the letter he wrote to respond to my bank.

----- Original Message -----
From: "James Arjuna" <ja@xxx.com>
To: "A."
Sent: Saturday, October 05, 2002 9:01 PM
Subject: Re: Spa Service.

A.;

I am still waiting on your decision. If I don't hear from you soon on whither to 1/ Give us the OK to finish the cosmetic repairs; 2/ take the spa back and you forfeit the delivery and shipping charges, or 3/ you accept one of the alternatives for another spa, then I will assume that you are OK with the spa you have and we will finish the fixes. We will have a service guy out as soon as you ask for one. This time don't tell him not to work on the spa, because we will be charging for labor and drive charges for wasting our service person's time.

We are trying to satisfy your spa needs, but you are not answering my emails. Is the some issue with not answering my mails? How about a phone call then?

I don't understand what the problem is. We have not had a customer ever do what you have done. It makes no sense at all. I want to keep you as a Haven Spa owner so you can enjoy what all the customers are raving about.

Did you ever use the spa??

Here are my numbers.

303-404-2224
303-920-1495

Jim Arjuna

----- Original Message -----
From: "James Arjuna" <ja@xxx.com>
To: "A."
Sent: Saturday, October 05, 2002 9:12 PM
Subject: Re: Spa Service. PS

A.;

We are willing to go way beyond the warranty on the radio, the ozone for you. I don't understand it. You got a really nice spa, and you treat us like this?

Here is something you may have overlooked on the site.

http://www.xxx.com/Return_Replace_Refund.html

We really don't have to take back the spa at all, but if you don't want us to be your spa company, then we will take it back minus the accessories and the deliver, shipping charges.

Every shopper who has read the policy says that it is very fair.

Dan is waiting for you to call him about his calls to you. He says that he called several times to set up service on your spa.

Jim Arjuna

MY NOTE: We never had messages on our phone from Dan or e-mails.

6 October 2002
A. wrote:

Jim,

As I have been instructed, I will be responding through my credit card company.

Thank you,
A.

----- Original Message -----
From: James Arjuna
To: A.
Sent: Sunday, October 06, 2002 12:45 PM
Subject: Re: Spa Service.

A.; We are on your side. We want you to enjoy a good spa that you are satisfied with. We want you to be one of the satisfied Haven owners. Why are you not wanting us to come and solve your issues?

I have repeatedly and so has Dan, been in contact with you about servicing your spa, yet you make up allegations that are not true. It is not a fair way to treat us, when we had our service guy drive 200 miles out of his way to service your spa, only to have you tell him to not fix it. Please tell me how that is a fair way to do business on your part? I really liked you and was led to believe that you like me as well. What is going on?

We have given you a fully functioning spa that was in near perfect shape when it arrived. I have that all documented. I took photos of the spa the day I was there, remember to document that the spa was indeed fully functioning and has no damage to the structure as you claim. I am fully prepared to go to court on this one, if you want to take it that far. I pray that you realize that is not something you want. It will get really costly for both of us in bothe time and money, but I am a man of principles. You can't tell me one day that you are perfectly OK waiting for our service, then turn around and not let us fix it?? Please, tell me how that works? When you refused to let our service guy work on the spa, was not a reasonable thing to do. It sounds to me that you are letting emotions run your business, instead of reason. If you were really concerned about the delivery, you would have refused the spa on the delivery day. You know it was in good shape, so you took delivery on it. Didn't you?

You accused us of "bait and switch", that is libel in any court of law. You simple bought a used spa from us and we were in the process of fixing your corner pieces. Everything else that is wrong with it is your fault for not following instructions. We were going to fix the radio that you ruined. We were going to fix the jets that you discolored with improper water care. We were going to give you a new ozonator, even though you didn't order one.

For us to trade you a new spa for the used on you purchased is totally out of the question. It makes me feel that your plan was trying to get a new spa for the price of a used one all along. That's how it looks from this end. We are not willing to do that. We are willing to take all the labor out and the shipping, if and only if you choose another Haven spa, as specified in our Return, Replace, Refund policies or you can keep the one you have and let us finish our service on it, this time.

I have offered to put the new DAIT insulation on a spa of your choice, a $400 option for free. What else do you want me to do? I can put the DAIT on your existing spa if you want as well. We have extended the 30 day return policy on a used spa. We have offered repeatedly to fix the spa you have. We have offered to replace it way beyond the 30 days of our return policy that you already know about. We have offered a repair on jet parts that you have ruined by improper water care. We have offered to replace the radio, even thought it is obvious that the door was left open and it was allowed to get wet. We have offered a free ozonator, even though you did not purchase one. We have offered a free Dynamic Automatic Insulaton Technology system.

We are not going to give you a new Super Custom Fallsburg in exchange for your used one. Please be reasonable!

All of these correspondences are going to your credit card company.

We have extended the 30 day return policy to you for over four months, now. You have until Oct 9 2002 to make a decision.

I advise you to let go of all this and we can go on from here and remain as friends.

Your friend (I hope)

Jim Arjuna
CC Eliot Management

I received a response from my credit card company asking for detailed justification and sent the following letter and several photos in return.

6 October 2002
XXX XXXXXXX XX
XXXXXXX, AL XXXXXX

XXXX Credit Card Services
ATTN: M. Hxxxxxx
XXX XXXXXXXXX XX
XXXXXXXXX, TX XXXXXX

Dear Ms Hxxxxxx,

I would like to respond to your 1 Oct 2002 letter requesting more information. I sent a package last week to SXXXX MXXXX.

I should be able to retain my charges of $4197.02 times two for a total of $8394.04.

Jim Arjuna has failed to produce any documentation indicating I signed for the spa, I am satisfied with the spa, or the delivery is complete. The order form is not signed by me, nor is a delivery form available with my signature indicating my satisfaction.

The 9 May order form indicates I paid $79.44 for extra filters. These have never been delivered. In my notes of 8 May I asked questions concerning the e-mail Jim sent on 8 May about the cover. He said I would get a new upgraded cover over the standard and I had my choice of rust of gray. Jim specifically said there was an inside handle. I chose rust to match the redwood siding. Jim's 25 Aug e-mail admits he made a mistake about the cover he told me I would receive and I believed I paid for. This was after I received a new cover on 1 June with delivery but it did not fit, as it was not sized for speakers. Jim brought a damaged or used cover without handle and full of cuts and scrapes when he came 19/20 July. He said I could pay extra for a better cover, like the one I had been told I would receive. I consider this a bait and switch tactic. I was told I would get one item but a cheaper one was substituted and then I was told I would have to pay extra to get what I was promised. I specifically asked on 8 May what I would get. The cover I was promised has not been delivered to date and Jim agrees it is his mistake.

The spa was dropped in the street in front of my house on 1 June. The wood cabinet was damaged when we inspected it. Inside damages could not be determined visually. See the photo of one of the corners and see the photo of the truck and trailer. Jim came 19/20 July and then finally he sent Frank on 9 Sep. Frank did not have the wood pieces despite Dan's e-mail of 27 Aug and Jim's e-mail of 25 Aug saying the wood was coming.

I never told Frank to not work on the spa. That was Frank's decision. He did not have the wood pieces, the cover, or the filters. I told Frank to take the spa, as it was clear to me at that point it was not going to get fixed in a timely manner sitting in my backyard. I said he could take the spa back to Colorado and bring it back when it was completely repaired. Frank told me on the phone and told my wife in person, Jim would be in contact with me the next day to resolve the issues. I told Frank that was fine. Frank never returned and Jim never called or e-mailed. This prompted me to send a certified letter to Jim dated 11 Sep as I was unclear what was going on. This letter too went unanswered. See Jim's comment in his 29 Sep e-mail asking what is up with the certified letter.

I sent several e-mails that went unanswered, asking what was going on and what was the plan to correct all the problems. Jim claims Dan was supposed to contact me but I have not heard from Dan other than his 27 Aug e-mail. I do not know why Jim is so surprised now I have issues; my questions and concerns have been well documented since June.

The only thing that finally has Jim's attention is I requested my funds be returned, as my spa is still defective and unrepaired. Some jets do not spin, some cannot be rotated on or off and some are discolored. The radio/CD does not work. Jim said the ozonator needed replaced when he saw it in July. He wanted me to replace it but the one he sent is not the same size tube, mounting etc. I listened to Jim in July but never said yes or no I would replace the ozonator.

Jim had to spend almost two days in July fixing things on the spa. This is after I was assured the spa was total refurbished at the factory, the spa was again fully checked out at Jim's shop in Colorado and Jim himself claims he goes over each Super Custom Fallsburg spa personally. I do not have the correct cover and I do not have a good idea when I will get any of the wood corners or sides replaced. I still do not have the spare filters from the original order.

I have included several photos of some of the problems. I included a photo of the truck and trailer and drew on it how the spa fell. I have a statement from DXXX CXXXXX who was there that day and was hit in the face by the spa falling. The spa fell so hard it broke the 2x6 frame and plywood platform of the dolly. I included an article of the Phoenix factory where Jim has his Haven spas built, and photos of many spas sitting outside. My spa has Phoenix spa parts and labels on it. I suspect as mine was a "used" spa, but according to Jim on 8 May, totally rebuilt with new jets and wood, that not all the jets were replaced. The ones that are not new were exposed to sunshine and UV light for some time if they sat outside like the ones in the photos, and probably discolored rapidly once they were in the spa water or got wet. There are some control valves with "shadows" under the handles that have not discolored. If the water alone caused the discoloring, then the entire controller would be discolored the same. Likewise on the jets too, parts of some have discolored but not all of them and not equally. For this reason I believe it is long exposure to UV light which has caused the discoloration problems and since some jets are discolored. I do not believe "all jets" were replaced at the factory as I was told.

Additionally, I have included information by another customer who had problems getting the right spa delivered and repaired by Jim.

John told me on 1 June when the spa was delivered but dropped, they would fix it quickly, probably two to three weeks. He assured me Jim would more than make things up to me for the damage. It took from 1 June until 19 July before Jim arrived. Jim was not prepared to fix all the problems with the spa. Jim said it would be two to three weeks and they would be back. This prompted my 18 and 25 Aug e-mails, as I heard nothing on a return repair trip after the three weeks had passed. Finally Frank arrived on 9 Sep at 8:45 PM and he was embarrassed to admit he was not prepared to correct all the problems either. I have no idea when and if all issues would ever get corrected. After all this, I have even less confidence what would happen with a warranty claim in the future.

Jim said in his e-mail 8 May the warranty is 4 years parts and labor. The order form says 4 years parts and labor. His 19 Sep letter now says 4 years warranty on parts and labor on equipment and plumbing. I have never received a warranty card. I cannot be confident what is covered or not covered by warranty, other than if Jim decides if it is under warranty or not.

I contracted in May for a like new, totally refurbished spa with many new parts and components. What was delivered was damaged. I failed to get my filters or proper cover. Others items have had problems since then. Jim has had over 3 months to get things right. This has not happened. Thus I am within my right to have my funds returned and Jim can remove his spa. What Jim delivered was not complete as ordered, as described, or functioned as intended.

I still need a spa to assist with my arthritis pain. I told Jim he could take his rebuilt one back and deliver a new one. He wants more money to do this. I do not believe I should have to pay anything more to get what I was supposed to get. In fact, the spa Jim has available to ship right away does not have a radio/CD player and speakers. Thus it is $617.25 less if you subtract the extra cost of the cover, radio/CD player, and speakers over a spa with those features. (29 Sep e-mail from Jim, $525 for radio/CD/speakers and $92.25 for cover)

While I am wary of this, I would reconsider and allow Jim to substitute this Super Custom Fallsburg spa and refund me the $617.25 for not having the radio/CD and speakers. It would have to be delivered without damage, with all proper support equipment (upgraded cover with interior handle, cover lifter, spare filters, etc) and I would have to verify it is fully and completely installed and all parts are functioning properly and there are no other damages. Jim removes the damaged spa. Once this happens then I would authorize the release of my funds to be returned to Jim at the Spa Specialist, minus the $617.25 for lack of radio/CD. I believe this is only fair considering all the problems I have had trying to get my spa fully repaired in a timely manner.

I do not believe the spa I received can be fully and properly repaired. I suspect the electronics have been shocked due to dropping it and it will continue to have problems. Jim is correct; I should have refused delivery once the spa dropped from the trailer to the street.

Otherwise I need to have Jim's spa removed very soon so I may order and have a replacement spa installed. He must coordinate for a time well in advance so someone can be home and open up the fence to the backyard. He can take his spa and I keep my funds a total of $8394.04. I am not trying to get something for nothing; I only want what I contracted to get, and have not received.

Thank-you for your assistance.

Sincerely,
A. S.

On Sun, 06 Oct 2002 11:45:31 -0600,
James Arjuna ja@xxx.com wrote :

A.;

We are on your side. We want you to enjoy a good spa that you are satisfied with. We want you to be one of the satisfied Haven owners. Why are you not wanting us to come and solve your issues?

have repeatedly and so has Dan, been in contact with you about servicing your spa, yet you make up allegations that are not true. It is not a fair way to treat us, when we had our service guy drive 200 miles out of his way to service your spa, only to have you tell him to not fix it. Please tell me how that is a fair way to do business on your part? I really liked you and was led to believe that you like me as well. What is going on?

I pray that you realize that is not something you want. It will get really costly for both of us in bothe time and money, but I am a man of principles. You can't tell me one day that you are perfectly OK waiting for our service, then turn around and not let us fix it??

Please, tell me how that works? When you refused to let our service guy work on the spa, was not a reasonable thing to do. It sounds to me that you are letting emotions run your business, instead of reason. If you were really concerned about the delivery, you would have refused the spa on the delivery day. You know it was in good shape, so you took delivery on it. Didn't you?

I have offered to put the newDAIT insulation on a spa of your choice, A $400 option for free. What else do you want me to do? I can put the DAIT on your existing spa if you want as well. We have extended the 30 day return policy on a used spa. We have offered repeatedly to fix the spa you have. We have offered to replace it way beyond the 30 days of our return policy that you already know about. We have offered a repair on jet parts that you have ruined by improper water care. We have offered to replace the radio, even thought it is obvious that the door was left open and it was allowed to get wet. We have offered a free ozonator, even though you did not purchase one. We have offered a free Dynamic Automatic Insulaton Technology system.

We are not going to give you a new Super Custom Fallsburg in exchange for your used one. Please be reasonable!

All of these correspondences are going to your credit card company. We have extended the 30 day return policy to you for over four months, now. You have until Oct 9 2002 to make a decision.

I advise you to let go of all this and we can go on from here and Remain as friends.

Your friend (I hope)

Jim Arjuna

6 Oct 2002, I responded A. wrote:

Jim,

At times I have not felt as if you were on my side. I bought one of your most expensive spas and feel I've been treated poorly.

You are correct, I should have not taken delivery of the spa once I Saw it dropped. I was trusting John when he said that you would more than make it up. I feel that has not been demonstrated.

I contracted for a SCF. What was delivered has been less than what was advertised, due to all the problems. For example, I still can't believe you have not provided the spare filters I ordered: when John came, when you came, and finally when Frank came and did not have them, nor did you send them. This was something so simple I find it hard to believe it didn't happen.

If you want to work out something I am still willing to try. I said that in my certified letter.

I don't believe I should have to pay any more to get something I already paid for. Let me know what you want to do.

Thanks,

----- Original Message -----
From: "James Arjuna" <ja@xxx.com>
To: A.
Sent: Thursday, October 10, 2002 8:00 PM
Subject: Re: Spa Service.

I apologize for any misunderstanding. As you can see we do like to take care of our customers. There is a lot involved in doing this with customers across the country. We are willing to eat a lot of costs on repairs, because it makes for better business referrals. We are not perfect, but we always come through for our customers.

One of the factors we always have to contend with is the factory on wood parts. The wood shop is always behind on the production spas, so wood parts take longer to get. Since you spa was fully functional, I did not know there was urgency. We have had customers with much worse problems who were glad to wait two months for us to come by and fix the cosmetic problems.

Most are willing to put in the ozonator, since it is an accessory, and very easy to install. All who have had radio problems have replaced It themselves. There are two plugs and two clips then it slides out the front.

I would like to see you get your spa fixed up so the cabinet is repaired, the radio is installed, the new jets are in place, and the ozone is installed. The last time we were there we had all the parts except the wood corner pieces, because the factory sent the wrong style. To this day, I don't understand why you didn't let Frank take care of it??? I can understand some of it but when we are fully willing to take care of something and had a service guy there, why not let him fix it?

I checked out the spa completely when I was there, and everything was in perfect working order, except the radio and the ozonator. I took a lot of photos of the jet discoloration. I have never seen it like that.

I wanted to extend to you what ever is appropriate to you. Would you like us to make a trip by and take care of your concerns? Would you like us to install the DAIT system? What would you like us to do. We have another trip scheduled at the last week of Oct. We are delivering spas right now and the truck is due back this week. We keep the truck going as fast as we can.

If you want we can hire someone to work on it for you there locally.

Personally I think you got a good deal on that spa. It is not a regular production model, but has a lot of powerful improvements over most any spa.

Jim

13 October 2002 A. wrote:

Jim,

I am still in school in Montgomery, AL and will be until June 03, so I am gone all week. I left on 26 July so have been gone for some time, since right after you were here. I get home some weekends. This weekend has a Federal holiday Monday, I made it home Friday afternoon for the three days. I have a lot of work to do on the weekends, including writing a paper this weekend.

My wife and I talked off and on yesterday about the spa. I am not confident after it being dropped how well it will hold up. My wife does not like the speakers sticking up as it makes the cover harder to remove and replace. We have not been using the radio/CD player anyway. She cannot hear much as she has to remove her hearing aids to keep them from getting wet when she is in the spa. I have some hearing loss and tinnitus so with the jets and water running I don't hear much music either.

We would prefer the substitution of the SCF you indicated you had in testing in exchange for this one. If you have all the parts, wood etc for this one. You can probably sell it easily once you make all the repairs. You indicated on 1 Oct the other SCF is a prototype and would include the upgraded cover. If it is in testing, it is used as well. You could switch it out the last week of Oct as you suggested.

Thanks,

--- Original Message -----
From: "James Arjuna" <ja@xxx.com>
To: "A."
Sent: Sunday, October 13, 2002 4:22 PM
Subject: Re: Spa Service.

A.;

That one is now sold. I was hoping you would make your decision sooner.

I can call the new owner and see if he wants to hold off, but I doubt it.

It will take another 8 to 10 weeks to get a new one to you.

In the mean time just use the one you have.

The difference in the new from the used is. 8683- 7500 = $1183.

The new prices will be in effect at the end of this month. It will include the 2003 upgrades to 200 sq. ft, DAIT and some new style of jets with a new shroud for the control box and the new style of cabinet.

The prices are going up to $9296, but I will give you the trade out at 2002 prices, because of the misunderstandings. That is even more than we were talking about. Discounted $613.00 and you will get the 2003 model.

I am so glad that we can work this out. Your business is very valuable to us!

I will be sending a new contract for you to sign and date. When the new spa is built, you can pay the difference.

Thanks so much!!
Jim Arjuna

14 October 2002 A. wrote:

Jim,

I am not agreeing to pay more than what I already have.

Now you state you have sold the other SCF and cannot swap spas by the end of Oct as previously indicated.

I think it is best if you have your folks arrange to pick up this SCF I have in the backyard by the end of Oct.

Thank-you.
A.

----- Original Message -----
From: "James Arjuna" <ja@xxx.com>
To: "A."
Sent: Monday, October 14, 2002 10:34 AM
Subject: A..

A.;

If you don't want to pay for the new Super Custom Fallsburg, then pick another spa. That one is just to expensive to build. Just the control system alone is $1600. We will not exchange it for your used SCF. Is that clear?

You do know that no company offers an exchange for a used product of any kind. Don't you? After all the libelous statements you made about our company to the credit card company, I don't know why I am offering any exchange. I do not legally have to! It is because of our customer policies that I am, but not much longer.

Take a look at the Springville, Watertown, Shorewood Gold, Meadowbrook
Gold, or Regular Fallsburg or any other model. Those are extremely good products. They beat out the competition in every wet test. If you wait too long the factory will be giving me the new prices and you will have to pay more.

Let me make it clear, we are not taking back your spa any longer that offer is off the table as of Oct 9 as I indicated. You have until October 15 to submit an order for your exchange spa. After that we will come and fix the wood, trade out some jets, and give you a replacement radio, on the used spa you have. If you want something that is almost as good, get the Standard Fallsburg. 7387.50 It beats out all the competition for thereapy. I know you will love it. What color would you like? http://www.xxx.com/quarite.html The Kalihari and the Sage are $148.65 extra.

We can still come and fix the spa you have, if that is what you want.

Jim Arjuna

----- Original Message -----
From: "James Arjuna" <spaspecialst@xxx.net>
To: "A."
Sent: Friday, December 06, 2002 9:13 PM
Subject: Re: Spa Service.

A.;

I have given you enough time to make your decision on what you want. We have tried as best as we can to give you what you want and serve you with the love and care we give all of our customers, within the limitations of reality. When you finally decided to not take a replacement or return the spa minus the shipping, pick up and delivery charges, even though we don't have to offer you one on a used spa, you agreed by the letter of the contract to keep the spa you have and let us fix the minor wood damage.

According to UPS you have received the parts and we are arranging to have a craftsman come and replace the minor wood pieces. Unfortunately you are way past the allotted and reasonable time to decide on a replacement or a return. As soon as you determined that you were going to keep the spa, we reordered your wooden parts. That is a fast as those parts can be obtained and have arranged to have those pieces of wood replaced.

By the time this is over with you may not be able to obtain a security clearance for your work. There are laws against what you are trying to do. It is in the UCC codes of law, adopted throughout the United States. If you succeed in stealing the spa by your lies to the credit card company, we will have you arrested. I believe that stealing over $8K is a felony. From all of the correspondence, the legality of what you said is extremely questionable. Once presented to a judge, it then puts you life in a "crap shoot" of legal mess. Wanting to get a new spa for a used one is a scam and fraud. Using lies about our company that are easy to prove in court like the "bait and switch" libelous statements and making up problems with the spa that upon observation by two service people were lies that you told the credit card company in order to perpetrate your scam. Using lies that we have documented to coerce some employee at a credit card processing company to produce monetary gain is a crime, called fraud.

We have been perfectly willing to get you a new spa for the price of a new spa and trade out for no extra labor and shipping. , I even offered it to you at last years prices. With the extra features we have added to the new model it is now 9230.00 without the stereo and speakers. We are selling them to grateful customers across the US at that price, considering the other products that exist, it is very low priced.

When you decided to tell lies to the credit card processing company, is when you broke the bounds of trust with us and the law. We are one of the few ethical spa companies on earth. For some reason, you have problems with our very polite and customer first policies and service and our products. I think you should think about your actions and become reasonable. Use your God given logic and make a reasonable decision not based upon anything but ethics and morals and what you, as a man, you need to stand behind, YOUR WORD, which seems to be untrustworthy.

I will not be scammed by a con artist who tried to force us to give them a new spas in trade for a used one by telling lies to the credit card processing company. That is pretty bad and it is illegal. You basically wanted to steal over $1800 from us and now you want to steal the whole $8394 spa, service and accessories. Please! I will fight you all the way, even if it results in closing my company. You cannot steal from me and my family.

I am giving you one last chance to prove to the FBI that you do not want to be seen as a criminal. You can still trade in your used SCF for a new one, waiting the normal 10 weeks for delivery, with a price difference of 9230 (price of the new model without stereo) - 7500 (what you paid for yours) = $1730.00 in the form of a cashiers bank check only before the spa is ordered and the credit card dispute is dropped. You must not have damaged the existing spa you have by letting it
freeze or causing any other damage or abuse to it. You will be charged for that.

We are seeking legal action on this. So, you might want to find a better lawyer. One versed in interstate crimes. All this is going to cost you is a lot of time and money to continue with your illegal and immoral activities. I have never been forced to call the FBI or to pursue a civil suit against anyone until now. You can turn this all around quickly by becoming reasonable. It is not about the money, but it is about ethics, principle and law. Why would you want to force me
into following my extreme principles about ethics in all matters. I don't like any form of injustice or illegal activities being perpetrated on my family or my employees who work hard for our customers. That is what you are doing, in case you are blind to your actions in relation to other human beings who have worked very hard to serve you.

Once again, when you purchased a spa from us, you agreed to all the terms and conditions as spelled out in our Return, Refund and Replacement policies, including the part about no refunds on used spas. I gave you more grace than I have ever have with any customer, in the hope that you might be a real man and one with heart and ethics, but that is not what you have shown me.

The policy is clear that you agreed to:

No refunds on used spas. I can't even believe that I extended the grace of offering you a new spa return refund, replace policy. It makes me sick to think that I trusted you to be reasonable and get another spa if that is what you wanted, paying the difference between your spa and the replacement.

Something for you to think about. We have only had one customer who took us up on a replacement, because, unlike you, he did not wet test the spa. So, I offered him a Fallsburg for his Springville model. He was more than happy to pay the difference and was amazed that we delivered his new spa in person with no extra labor or shipping charges. It floors me that you did not take advantage of that. That leads me to only one conclusion, you are a criminal trying to steal from us.

The thing that really makes me question your motives is that I personally went over your spa with a great deal of time to inspect each and every part. It was working perfectly. The only concern I found was the air injector, which I unplugged. When my service technician stopped by to "fix" the spa, he said the same thing. The radio must have gotten wet because you left the door open apparently on purpose to report is as broken in order to expand your scam.

It is a very odd thing to me to have to deal with you. We were willing to replace the radio, replace all the jets that you ruined, by improper water, and give you a free ozonator that was not part of the original deal.

I went as far as to offer the amazing DAIT system to your spa, now $477 our cost to install. If that isn't good enough, then the only thing I can conclude is that your intent from the beginning was to defraud us to get a new spa for the used one.

We offered our normal free of service charges replacement spa, as long
as the price difference was paid by you. I would have been glad to have exchanged the spa for you if you wanted a new one, but you have to pay the difference.

We have a stop on your refund with the bank. It can't be processed until we come before a judge in maybe a year. We are going to pursue legal action against you for your fraud. If the judges sees criminal intent to defraud in your correspondences with the credit card processing company, you will go to jail.

Here are your options to stop us from legal action:

1/ Return the spa to us in perfect condition using your crew and give us a check for the original delivery and shipping charges of $417 ,delivery and $454.98 shipping. You will also pay for any of the accessories you have used. 477.04. We should charge you the full retail prices, because those prices are only available to spa buyers. Cashiers check due before the spa is returned $1349.02 If the spa has been damaged any further than what I photographed at your home, you will pay for the repairs.

2/ You will send us a cashiers check in the amount of $1804 before we come to pick up the spa. That is for the shipping and delivery charges to and from your home, excluding any damage you have done to the spa and the accessories and supplies that are not part of the spa.

3/ We can have some one come and fix the minor shipping damage and you
can go on with your life.

How much time and money do you want to spend on your little lies and attempts at defrauding us.

This is what you want? I can't believe you exist the way you portray yourself.

I have contacted the FBI and the local police and got the scoop on how to start the criminal part. I am sorry it has to come to this. Very sincerely sorry. I wish you would reconsider your position and take time to rectify your actions, before it ruins your life. I intend to press criminal charges and pursue a civil law suit against you, because you have given me no other recourse.

Jim Arjuna

7 Dec 2002 A. e-mailed:

Jim,

I do not want your spa. This spa was damaged upon delivery and all the deficiencies have not been resolved. Please coordinate with me in advance to remove the spa. I am not trying to take anything, as I have told you and have told my credit card company. I am sorry we have not been able to do business together.

----- Original Message -----
From: James Arjuna
To: A.
Sent: Wednesday, December 11, 2002 9:22 PM
Subject: Re: Spa Service.

A.;

Let me share with you some lessons in human interchange that I have learned over the years: Our policies are there to protect us and our customers. To insure that customers are satisfied and that we have no unreasonable people in the Haven Family of spa owners. If a customer refuses to give even a small concession, we are not going to be able to have much of a relationship, much less any quality of a relationship. We want our customers to be understanding and to be our friends. It is really that simple.

I want to know one last time that you are aware of what you are giving up here in this "stance" you have taken.

I offered the following to you:

1/ Replace all the jets and fittings that are discolored. Over $300. approximately 20 jets and fittings.
2/ Give you a free ozonator. $179.00 (that you now have.)
3/Replace the radio that was damaged by you. $279.00 (We tried to replace it and you refused to let us)
4/Replace the corner pieces on the cabinet. warranty. The corner pieces finally came to us from the factory. You refused the package.
5/ Install the DAIT insulation system on your spa. $477
==========================================

Total of offerings to you $1235 to convince you to keep the spa you have.

Are you telling us that you refuse those offerings?

We also offered to replace your spa with a new one without the stereo if you pay the difference in prices only, with no additional shipping or delivery charges. I offered to bring you a 2003 model with the upgrades for the 2002 prices until October 12, 2002; a saving of $547. That was a good negotiation starting point. I made a great concession and you made none.

Are you telling us that you will not pay anything extra for the trade of the Used spa you have for the new replacement?

That you want a new spa to replace your used spa and that is the only thing you will be satisfied with? Is that correct?

Is it correct to say that the only thing you wanted all along was a new spa to replace your used one, but you are not willing to pay any extra and that is why you are coercing the credit card company to refund your money?

Just so you know:

We had a customer in Seattle WA, who was dissatisfied with the hot seat in his spa. Because he was totally willing to work with us, we offered him an exchange for an upgrade Fallsburg, but he needed to pay us $400 difference to make it happen.

Because he was willing to work with us, SA. and I personally delivered the spa to him and I gave him a 5 years of 25% discount on any spa care products and accessories. Because he is a real human being with a reasonable mind and heart, we gave our to him as much as we could. His spa is now past the standard warranty, but because of who he is and how he treats us, we extended his warranty.

He has referred about 5 spa customers to us, told his friends about our spas. He is an engineer as well. These are the types of customers we have. Our policies are there to remove unreasonable people from our Haven family. I believe you are missing out on a good thing. I feel sorry that you are being that way, because you missed the boat entirely on the Haven Spas.

Whenever someone refuses to make even a tiny step of giving in any negotiations with us, we just figure they are con artist and especially if they use lies to produce the results, like the lies you told the credit card company. I read all that disgusting nonsense you told your credit card company. We did nothing to warrant that sort of attack! People with good hearts will be good to you as good as you are to them.

What you missed out on is the Haven spa owner experience that our customers talk about all the time.

Marty Miller has a Haven Shorewood gold. He is so happy with our service and support that he has helped sell about 7 spas in the last year by his email support. We don't offer to pay our customers anything but the one's who understand us give us a lot of support. Guess what? His spa arrived with two complete sides that were not glued properly and the boards were separating from the frame. It took me about two months to get the wood (as usual) panels to him. A couple of weeks ago I personally installed DAIT upgrade on his spa. It was freezing cold out but we were in his neighborhood, so we installed it on his Haven spa. It was 6 Hours of hard work and $300 in parts that I gave him for being so supportive of us. You can read about it on the message board. http://www.xxx.com/cgi-bin/forum/index.cgi

The people who are not willing to even slightly negotiate (give even a little) with us are considered to be unreasonable in their relationships with others, and that is how we deal with them. I offered to fix all the parts on your spa that you ruined as well as fix the corner pieces and to install the DAIT for free. I offered to give you a new ozonator, even though you did not pay for it. When someone makes offers like that to you, giving you over $1,200 in parts and services and you refuse to take it, means you are either "mental" or a person who simply wanted to scam us out of a new spa in exchange for your used one all along. There was nothing mechanically wrong with your spa at all. I wish every Haven Spa ran as perfectly as yours.

So, If you had (no longer "on the table") decided to make even the slightest gesture of being willing to work with us, here is what I WAS (not now) willing to do. I was only going to offer this to you if you showed any signs of working with us (reasonableness). Your hard stance and lies about us to the credit card company are the reason why we respond to you this way. We made a lot of gestures towards you. You made none.

If you had decided to work with us, we would have traded out your USED spa with a new one, for $600 extra cost to you. Given you 25% off on chemicals and accessories for 5 years, and SA. and I would personally deliver your spa. In every email letter I have written to you I left the door open for you to make even a small gesture of giving, that would have proven you are a good person, not out to rip us off, someone we would like to have for a customer. As far as I am concerned you have proved that you don't deserve to be a Haven owner.

A., when somebody makes gestures, (The Spa Specialist) to help you solve your problem, YOU HAVE TO LEARN TO GIVE IN ORDER TO GET. The spa you received was refurbished and used. It has all new jets, new pumps, and new wooden skirt. In case you don't know that is just about like a new spa. I examined the spa from top to bottom and found no damage to the structure or any of the mechanical or electronics, only the cosmetic corner pieces that have no workings.

If you are concerned about price, we have now about 40 different models and configurations to choose from. All of them are less money than the SCF model. You could have easily chosen another model for a lateral trade. The Shorewood Gold beats out all the competition on therapy and value at 6685. It has twin 56 frame 4 HP pumps and 34 water jets, 2 HP two speed blower with full turbo air and 18 air jets. You could easily traded for that spa and received a refund. The Meadowbrook Gold model is awesome and only $7079.00. There are many models you could have exchanged for and still received a refund on the difference from your $7500 price on yours. You don't make any reasonable sense to me.

If the money is charged back and we do not have the spa, we will be forced to seek legal action and file charges.

Every time we try to resolve the issues, you refuse to let us fix it. Why are you doing that?

We send you parts and you send them back. How can I arrange to get your spa fixed, if you block all of our efforts?

What is that about?

Anyway I certainly think you need to think about your "stance" on this.

Let me know your answers to my questions, then we will proceed from here.

Sincerely:
James Arjuna

14 Dec 2002, I sent a certified letter, return receipt, to Jim.

14 December 2002
XXX XXXXXXXX XX
XXXXXXX, AL XXXXX

Jim Arjuna
The Spa Specialist, Inc.
14971 Raritan
Broomfield, CO 80020

Jim:

My credit card bank notified me this week your bank did not respond within the allotted time, and thus the issue was decided in my favor.

I have no desire to keep your spa. You must schedule a date and time to remove it. You may do this by contacting me by phone or e-mail. A scheduled date and time will not just be a phone call saying you are an hour away or have arrived in town.

I cannot continue to store your spa for an unlimited time. If you do not remove the spa by 1 Feb 2003, then it will be considered abandoned and I will dispose of it.

Any costs to remove the spa are at your expense, as we do not have a contractual relationship.

Sincerely,
A. S.

----- Original Message -----
From: "James Arjuna" <spaspecialst@xxx.net>
To: "A."
Sent: Sunday, December 15, 2002 9:14 AM
Subject: Re: Spa Service.

A.;

I will arrange to have the spa picked up, but we need the shipping and delivery costs covered on your spa. That is $1804 total that you cost us with your "position" of unreasonableness.

Please respond, we are waiting for your answer to determine how to proceed with your case.

Jim

----- Original Message -----
From: "James Arjuna" <spaspecialst@xxx.net>
To: "A." ; "kenny" <firefinger@xxx.net>
Sent: Wednesday, January 29, 2003 10:12 PM
Subject: Re: Spa Service.

A.;

A contractor will be picking up your spa. His name is Kenny Johnson. He will be wanting all the items you have. I gave him a list. He has tried to call and, I guess, your son answered the phone.

Jim Arjuna
CC Kenny Johnson

MY NOTE: No one called and we do not have a son living at home.

On Sun, 16 Feb 2003 20:17:43 -0500, kenny <firefinger@xxx.net>
wrote :

Hi, A.,

I just wanted to touch base with you about my trip down. I would have come sooner, but we have been having a real winter here for a change. I have ot been able to put my truck in for a few more repairs, because I have needed it for the snow.

I am planning to come during the week of the 23rd. I will call or email you with a specific day ASAP. Things are supposed to thaw out here this week.

Thank you for your patience; I look forward to meeting you.

Kenny Johnson

At 07:56 PM 2/20/03, A. wrote:

Kenny,

My wife said you wanted to come Sat 22 Feb to get the spa. That Is okay.

Do you know about what time you will arrive, as I have some errands I need to do and I can plan around when you will be there.

See you Sat.

On Fri, 21 Feb 2003 01:25:14 -0500, kenny firefinger@boone.net wrote:

A.,

It would be much easier for me on Tues or Wed if possible. I'll have to make Saturday work, if it's the only day you have in the next several.

At 11:52 AM 2/21/03 , A. wrote:

Kenny,

I am not at home during the week so week days are hard for me. I don't have all my schedule for weekends in Mar.

Let me know if you are coming tomorrow or not.

.----- Original Message -----
From: "kenny" <firefinger@xxx.net>
To: A.
Sent: Friday, February 21, 2003 7:21 PM
Subject: Re: Spa

HI, A.,

Yes we'll be coming tomorrow. I'm planning to leave early, around 6:00. It should be about 8 hours to get there. Should be by 2:00. I have your phone numbers as XXX XXX XXXX or XXX XXXX, and the address is XXX XXXXXXXXXX XX.

I will see you then,
Kenny

Kenny arrived on Sat afternoon 22 Feb to remove the spa and all accessories. He signed a receipt indicated he got the spa and all related items.

And lastly, this, a final letter from Mr. A.S.

You can forward to them to see if it works.

You are right about customer service. I am federal civil service and deal with contractors all the time, especially in research and development and acquisition... I have been the gov't guy supplying the contractor with gov't goods and services as well. Got to look at things from what is good customer service, and also what is to be delivered in the contract. I have been on both sides.

I tried calling Jim but no answers, so with e-mail at least I had some written record I notified him and what was still required. I was really upset something so simple as spare filters he wanted to sell as part of the package couldn't be delivered! John, the first delivery guy wrote it down and Jim came without them in July. Jim wrote it down and never sent them, nor did Frank bring them in Sep. How hard is it to do filters??? To me, it really boiled down to him not being able to deliver two filters worth $79! Each spa had different types of filters! How is that good configuration control? Especailly for a small business guy.

I saw one post of Jim's saying 95% of his spas have wood damage upon delivery. That rate is way too high, especially when he controls the delivery. If he has that much damage, why doesn't he have extra wood pieces to bring along. Then we wonder why his spas cost so much?

When Jim was working on my spa he turned to Sandy and was complaining the guys didn't do what he told them on my radio, as it wasn't caulked, and I suspect the radio frame was in upside down as the cover opened to the bottom and not to the top, to keep out rain. So much for his personal involvement in each super custom. He really jerry rigged the air system while he was at my house just to get some of the air jets to work. By the way, the air pump was loud, and the air did cool off the water. He had foot jets in the foot well, but they could not be used from any seat. Not placed well. He said my ozonator had gotten water in it and I needed a new one. I am not sure if mine ever worked. I suspect it came broken or already damaged. The original had screw mounts on the sides and a 1/2 inch or 5/8ths inch tube. He told me all about putting a new one, cut here and caulk, plug it into the electrically control but don't tough anything inside the box, etc, etc. Then when the new one comes, it has screw mounts top and bottom and a 1/4th inch tube. Nothing fit...Sort of made me suspect his quality and configuration control, especially when this was one of his top end spas...

In other works, I saw first hand where his words were not matching what he claims for his products, or for his customer service. I don't think anything I sent him was rude or out of place. I only wanted what I had paid for and was told I would get. I don't see where I needed to "budge" on asking for what I paid for in the contract. You see where he went on about lessons in life to me and goes on about God and the Bible on web forums, yet you see what he was writing to me in some of his e-mails. It doesn't match.

He has a really small retail shop, and when I went to visit, I called, but the guy on the phone gave me directions to Jim's house first. Lots of broken spas sitting around there too and a few in the driveway or garage being worked on.

Okay, enough for now. Hope Jim doesn't sue me!!

I have had the Master Spa for 4 months now and no problems with delivery, set up, or something not working. I did visit two dealers and also e-mailed the Master spa factory with questions. I try to do my homework. I had been to Dynasty and their factory in TN. The problem I had was the dealer in our area and I couldn't buy one direct, but had to go through him and he had a third part to deliver and set up. I think they didn't do very well. Suddenly everyone was pointing fingers claiming they did their part and it was someone else's fault. I was happy with the Dynasty spa but not happy with distribution and support in our area. I told Jim he ought to look at Dynasty and it seems he may now be using them to build some of his spas.

I hope it works out. The Dynasty factor is nice!

Thanks,
A.

The following are some excerpts from some follow-up emails from this submitter;

Jim sends 2 guys. They had to ask me and my patio guy to help them. This is after paying the $417 for a first class delivery. My spa was the last one on the trailer and the idea was to tilt it over onto 2x4s and ease it on to a dolly. Instead it came crashing down and broke the 2x4s and the dolly.

You can see in the spa photos shadows under the lever handles and again in the suction drains in the footwell. This demonstrates the spa sat uncovered and was exposed to UV light, not the water damage as Jim claims. Also why are the centers of some jets discolored and not all the jet if they are the same age and material? Jim said the leg jets in the lounger were "impossible" to replace without going back to the factory. How was he going to fix those at my place? Didn't he say the jets were replaced at the factory when it was rebuilt?

Jim told Sandy the radio housing was not sealed, as he told the guys to do, and thus got the radio wet. Most units I have seen on spas or boats have the lid open to the top, not the bottom, so as to keep water out. Jim did not remove the housing, but instead used his finger and silicone to "seal" the unit as it was, on the spa. I am sure he is proud of the look he gets on his top end spas, by smearing the caulk all over the cabinet and on the inside of the cover.

I see Jim posted this on the Pool and Spa site.

From: James Arjuna (ja@spaspecialist.com)
Date: Monday, April 21, 2003 01:37 AM

This guy is under investigation for defrauding several companies in his area as well as ours. He did the same thing to another spa company in Huntsville.

I contacted the FBI and local police on this one.

Can you challenge him to specify what "several companies" I am defrauding? What did I do to another spa company in Huntsville? As I indicated I bought
a spa, and it was delivered by a third party contractor and damaged somwhere between when I saw it and when it got to my house. The dealer and I agreed
it was best for him to take it back and he did, refunding my down payment.

I was really upset something so simple as spare filters he wanted to sell as part of the package couldn't be delivered! John, the first delivery guy wrote it down and Jim came without them in July. Jim wrote it down and never sent them, nor did Frank bring them in Sep. How hard is it to do filters??? To me, it really boiled down to him not being able to deliver two filters worth $79! Each spa had different types of filters! How is that good configuration control? Especailly for a small business guy.

He really jerry rigged the air system while he was at my house just to get some of the air jets to work. By the way, the air pump was loud, and the air did cool off the water. He had foot jets in the foot well, but they could not be used from any seat.

Sort of made me suspect his quality and configuration control, especially when this was one of his top end spas... In other works, I saw first hand where his words were not matching what he claims for his products, or for his customer service. I don't think anything I sent him was rude or out of place. I only wanted what I had
paid for and was told I would get. I don't see where I needed to "budge" on asking for what I paid for in the contract. You see where he went on about lessons in life to me and goes on about God and the Bible on web forums, yet you see what he was writing to me in some of his e-mails. It doesn't match.

My gut feeling is Jim bids on or gets Phoenix reject spas, and then reworks them into something he can sell. I can't prove this, but from what I have seen over time on web forums and what happened in my case, I would tend to believe this. He has a really small retail shop, and when I went to visit, I called, but the guy on the phone gave me directions to Jim's house first. Lots of broken spas sitting around there too and a few in the driveway or garage being worked on.

Return to the MAIN INDEX

The Saga of A.S. (Does Erik Have a Friend?)

The Saga of A.S.
(Does Erik Have a Friend?)