Hot Tub Forum

Original => Hot Tub Forum => Topic started by: leaky on July 29, 2005, 10:08:46 am

Title: Wet Test Liability?
Post by: leaky on July 29, 2005, 10:08:46 am
Okay guys, I know a lot of you are dealers out there, so maybe you can shed some light on this subject.  As I have written before, we are trying to narrow down our choices before taking "the plunge".  I have sat in a HS Grandee and was impressed.  As I have heard good things about Beachcomber, I was anxious to do a wet test in a 700 or 500 series model also.  Checking my Orange County zip code, a new dealer popped up: "Islander Designs" in Orange.  Previously, my closest dealer was down in San Juan Capistrano.  A quick call to this store soured me in a hurry.  A woman answered the phone and told me she had five different models on the floor, with just one filled.  She then let me know that she would be unwilling to let me or my family wet test it, as "think if anyone slipped and fell getting in or out what our liability would be" was her immediate response.  When I then politely asked her, "Would you ever buy a car without getting in, inspecting it, and driving it around?", I got nothing but silence.  I then told her that I was never going to spend between $6,000-9,000 on a spa without being able to test it out, and would then gladly take my business to someone who understood that, she snapped back with, "fine" and hung up on me.  I wouldn't recommend sending anyone to this store, as the treatment I received in just a few short minutes soured me on them.  I guess I'll try the SJC dealer again, although I asked them to call me when they had a model I could test, and haven't heard from them in weeks.  Am I doing something wrong?  I read on this forum that business is slow, yet the Beachcomber dealers in So Cal seem to be unconcerned with potential customers.  I may do another wet test at HS and see if I can get the dealers in Capistrano and Cerritos to start bidding for my business......

Has anyone else come up against this "no wet test policy" before?



Greg
Title: Re: Wet Test Liability?
Post by: HotTubMan on July 29, 2005, 10:13:13 am
I see the point on liability.

That would still not stop me from entertaining a wet test.

Keep shopping. There are lots of great spas besides Beachcomber and Hot Springs.
Title: Re: Wet Test Liability?
Post by: orlandoguy on July 29, 2005, 10:19:48 am
Being the wiseguy I am, I would have told her that buying a hot tub without a wet test would be a liability on my sensibility.
Title: Re: Wet Test Liability?
Post by: Brewman on July 29, 2005, 10:27:05 am
I would think that any smart business owner, especially a retailer, would be adequately insured for any injuries sustained by their customers while in the store.  
I don't buy the liability line.  Car test drives were mentioned.  I've taken dozens of new cars and motorcycles out for unsupervised test drives, with only having to leave the dealer with a drivers license imprint.
Never even checked for my proof of insurance.
I'd think the potential liability there would be much more likely than slipping while getting into or out of a spa.
I don't ban guests from using my spa, despite my possible liability if my guests get injured on my property.
Brewman
Title: Re: Wet Test Liability?
Post by: leaky on July 29, 2005, 10:34:05 am
That's how I felt.  I know the HS dealer in Westwood (Robin, I think?) was more than willing to let me jump in, as was the nice young lady I spoke with in Victorville.
Title: Re: Wet Test Liability?
Post by: SDguy on July 29, 2005, 10:36:38 am
A "no wet test" policy is not something I would hold against the dealer because he has a good point. Or maybe, he doesn't want to take the time out to do it? I can't tell.

I know there is a million orange county's in the US, but what state are you in?
Title: Re: Wet Test Liability?
Post by: leaky on July 29, 2005, 10:40:15 am
Huntington Beach, CA (Surf City USA).  If the liability issue is valid, then how is the family supposed to do the constantly-emphasized wet test?  
Title: Re: Wet Test Liability?
Post by: drewstar on July 29, 2005, 10:50:47 am
Most of the dealers provide, and encourage wet tests. My dealer even had free, new bathing suits for us.  Every hot tub dealer I went to (even the garage guy) encouraged me to jump into the  filled hot tub.  Hell, even at the home shows the dealers were telling me to get a suit and get in.

If the liability was really the issue, wouldn't we see more dealers not encourageing wet test or at least signing liability waivers (for what ever that is worth...) ?

Is the dealer in question ignorant, over cautious, uninsured, or is there something else going on? (too cheap to fill up the tubs?)
Title: Re: Wet Test Liability?
Post by: East_TX_Spa on July 29, 2005, 10:53:30 am
Man, all of our stores have rooms set up specifically for wet testing.  Every customer that walks through that door is encouraged to wet test.  Very few people do, though.

IF someone were to slip and fall and IF they seemed inclined to pursue litigation, well, no one saw them come in and no one has to see them go out.......... ;)

Terminator
Title: Re: Wet Test Liability?
Post by: drewstar on July 29, 2005, 10:58:10 am
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Man, all of our stores have rooms set up specifically for wet testing.  Every customer that walks through that door is encouraged to wet test.  Very few people do, though.

IF someone were to slip and fall and IF they seemed inclined to pursue litigation, well, no one saw them come in and no one has to see them go out.......... ;)

Terminator



Frame the picture of you with teh AR 15 and hang it on the wall in the Wet Test room.  You may also want to hang a copy over by the cash register  and lable it "Returned check policy".
Title: Re: Wet Test Liability?
Post by: obi wan on July 29, 2005, 10:58:18 am
keep looking there are plenty of brands/ dealers who will gladly let you/ encourage you to wet test. i looked at quite a few different manufacturers, and every one but one was very accomodating for a wet test. several even offered, without me asking, to open early or stay late for more privacy.
only found 1 who had no wet test policy. he said it was due to the outbreak of legionaires disease a few years ago... ::) :o :o
he was a local manufacturer i'd never heard of, so combined the the potentiol legionaire thing, that was a very quick stop.... ;D
Title: Re: Wet Test Liability?
Post by: East_TX_Spa on July 29, 2005, 11:00:58 am
Quote


Frame the picture of you with teh AR 15 and hang it on the wall in the Wet Test room.  You may also want to hang a copy over by the cash register  and lable it "Returned check policy".


;D That's a good idea!

Terminator


Title: Re: Wet Test Liability?
Post by: leaky on July 29, 2005, 11:15:11 am
Maybe if I just walked in unannounced with my good friend Carmen Electra and said she wanted to try also, it would be a lot easier!  Now I just have to find a way to introduce myself to my good friend, and convince her that she should go with me.... ;D
Title: Re: Wet Test Liability?
Post by: tootall on July 29, 2005, 11:30:02 am
There is a spa dealer that I looked at. that told me they do not let any one wet test. I asked why? and was told that it is not needed that  the quality of thier product can be seen with out the need of testing it?  ::) ok? See you later.
Title: Re: Wet Test Liability?
Post by: Spatech_tuo on July 29, 2005, 11:33:40 am
I think you're around Chas' territory!? Maybe he can help you out as I know he sells Hot Springs and Caldera in the SoCal area.
Title: Re: Wet Test Liability?
Post by: Chris_H on July 29, 2005, 11:48:04 am
I shopped a Cal Spa dealer (that advertises on various web forums) and he told me it was unsanitary to wet test.  
Title: Re: Wet Test Liability?
Post by: leaky on July 29, 2005, 11:53:17 am
I believe that Chas told me he is up in Santa Barbara, which is a good 120 miles north of me.  Of course, depending on the deal he could put together..... :P

As far as wet tests being unsanitary, I'd think that the number of people actually getting in the demo tubs compared to what they'd see in a backyard would be inconsequential.  If a spa can't handle the small number of wet testers, then it has a substantial filtration problem.
Title: Re: Wet Test Liability?
Post by: HotTubMan on July 29, 2005, 11:53:59 am
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I shopped a Cal Spa dealer (that advertises on various web forums) and he told me it was unsanitary to wet test.  

LOL LOL LOL LOL
Title: Re: Wet Test Liability?
Post by: HotTubMan on July 29, 2005, 11:55:56 am
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As far as wet tests being unsanitary, I'd think that the number of people actually getting in the demo tubs compared to what they'd see in a backyard would be inconsequential.  If a spa can't handle the small number of wet testers, then it has a substantial filtration problem.

You are correct!

I would say, despite my insistence, less than 5% of shoppers wet test.

The water in our showroom tub gets changed twice a year. Just no traffic through the tub, there fore no need to change the water.
Title: Re: Wet Test Liability?
Post by: marks on July 29, 2005, 01:22:38 pm
I just purchased a Beachcomber tub and the dealer really encouraged us to wet test.  He acted like I would be crazy to buy it without trying the tub out.  In the end I bought a different model than the one I was thinking about because of the wet test.  He had the tubs all set up and had drinks for us and towels.
Title: Re: Wet Test Liability?
Post by: vlady on July 29, 2005, 06:01:19 pm
You can borrow my pic.

(http://www.vansworld.com/images/ar-lady2.jpg)
Title: Re: Wet Test Liability?
Post by: J._McD on July 30, 2005, 04:44:44 pm
Quote
Checking my Orange County zip code, a new dealer popped up: "Islander Designs" in Orange.  Previously, my closest dealer was down in San Juan Capistrano.  A quick call to this store soured me in a hurry.  A woman answered the phone and told me she had five different models on the floor, with just one filled.  She then let me know that she would be unwilling to let me or my family wet test it, as "think if anyone slipped and fell getting in or out what our liability would be" Greg

I think you are being a bit harsh on her lack of tact or diplomacy, but she was simply being honest with you.  You say “a new dealer popped up”.  She is, I am sure crippled by the fear of her own imagination of possibilities.  Have you any idea how many grocery stores have been sued because another shopper dropped a grape on the floor.  Well, we do live in a litigous society, being new she has just not taken control of her ability to control the safety surrounding the water test area.
Quote
Is the dealer in question ignorant, over cautious, uninsured, or is there something else going on? (too cheap to fill up the tubs?)

I think it is FEAR of the possibilities.  Unfortunately, it is not customer friendly or inducive to sales.  She will either change or go out of business.  BUT, she is honest enough to speak her mind.

The demands of shopping consumers may at times seem unreasonable to new dealers starting out in a new business.  Although, you have been offended, I think you should stop in to look, evaluate the dry models and determine YOUR interest and ask the question again.  After all, she is locally convenient, she is new, and she is not the only person there.  Maybe her husband would be more reasonable.  Maybe you won't like the spas. ;D


Title: Re: Wet Test Liability?
Post by: J._McD on July 30, 2005, 05:06:44 pm
Quote
(http://www.vansworld.com/images/ar-lady2.jpg)

"No Water Test, No Sale, Can I Change Your Mind" ;) ;D
Title: Re: Wet Test Liability?
Post by: leesweet on July 30, 2005, 05:51:09 pm
Er, on the original topic... :)  What business owner doesn't have liability insurance?  Heck, what homeowner in their right mind doesn't have an umbrella policy for, what, $2M US, the way things are today? (Of course, my father was an attorney... perhaps I'm special....)

I'd *still* think any hot tub/spa dealer would deal with an insurance broker used to the market and have such policies available as a matter of course (or the local association could steer them to one...).


I'd not return to one that said 'no dice  on no wet tests' either, unless it was a brand I *really* wanted and there was an exclusive distribution deal on them. :)  Gotta test to be sure.
Title: Re: Wet Test Liability?
Post by: mxw128 on July 30, 2005, 09:21:18 pm
I don't think you are being at all too harsh with not patronizing the "new" dealer who would not allow you to wet test.  THis is the business they chose and should be familiar with and accepting of the "common practices".  I can't imagine anyone dropping $5-10k on anything (that essentailly can't be returned if it simply doesn't fit you) without trying it first. If these folks are not willing to allow a soak, then take your business elsewhere.  At the very least it sounds like she could have been a bit more diplomatic in the way she said "no way"....

I just purchased a HS Vanguard, and the dealer not only encouraged wet tests, he filled and hooked up power to the model(s) we wanted to test.  We went back twice to try out different tubs (tested 2 each time) .. all he needed was a few days to get the power pulled to the different model and get the water moved over and heated up.  The wet test actually steered  us away from the model we were" sure" we wanted.....  my 2 cents: don't buy a tub without trying it first...
Title: Re: Wet Test Liability?
Post by: J._McD on July 30, 2005, 09:55:03 pm
Quote
Er, on the original topic... :)  What business owner doesn't have liability insurance?.....the way things are today?..........I'd *still* think any hot tub/spa dealer would deal with an insurance broker used to the market .......I'd not return to one that said 'no dice  on no wet tests' either, unless it was a brand I *really* wanted and there was an exclusive distribution deal on them. :)  Gotta test to be sure.


You know I really don't want to defend this persons position or point of view without understanding their experience or fear of liability, remember, they are NEW.

Secondly, I don't believe this is about insurance either.  She just dosen't want to be exposed.  We are an overinsured society, for havens (sic) sake anyone with road side service or a AAA card has "flat tire insurance", what are the chances of a flat tire or the need for a tow.

Being a new dealer that "just popped up", what if they wired the spa without a GFCI because they didn't know any better, or yet maybe the customer last week got pnsuedemonas and is already suing them, or what if they are really in Colorado and the dealer "reworked" the spa like Tim Allen rewires motors to get more power, just maybe you don't want to water test it. :o

The point is, she stated her position, now don't buy from her, OR try to understand her position.  As a dealer, she too is in the business to SELL spas and to do so MUST deal with the consuming public shoping for a spa.  While it has been stated here numerous times, less than 5% or is it 3% of shoppers water test spas, yet 100% of the web participants encourage wet testing.  Something is out of balance here. ::)

We seem to be crucifing someone the shopper has already been offended by whether that is a good choice or not, and he is obviously in the category of the 5% or 3% of shoppers interested in wet testing.   ;)

Furthermore, it has been stated that shoppers have been accomodated by many dealers who are willing and have been cordial to the idea of wet testing.  Possibly they will corner the the major portion of the 5% market share.  They are comfortable with the idea of doing what it takes to accomodate the whims of the shopper to get the sale. :-* :-*

In addition, some shoppers admit to having been accomodated outside normal store hours for their convenience even though it is at the inconvenience of another person to accomodate the water test and they have no intention to buy after the wet test.  Someone must stay after hours probably to earn $$ from someone who is not willing to give a comittment to buy the spa until all other spas under consideration  have been tested.  Thus, of all of the people going out of their way to accomodate the wet test, only ONE will get the sale.  ::)

Oh yes, and by the way, that big one over there, can you fill it tomarrow so I can come back to water test that one. ;)

It is tough being in retail and catering to each individual and the whims of shoppers, sometimes against your better judgement, as if each one of them is going to buy from you because you went the EXTRA MILE for them.  While they do appreciate and even demand good dealer services and individual customer attention, how can you ever please everybody. :-/

If you can't wet test it and that is important to you, go elsewhere.  If you are in the 95% category, stop in to look and evaluate your potential purchase.  Find what is best for you.  Each one of us will and probably would have a different point of view.  Shop around until you find what is right for you.  There are a lot of choices to consider, as there are a lot of dealers as well, that are interested in your business. ;) ;D