ComplaintsforTitan Aquatic Exhibits, LLC

• Initial Complaint

  09/21/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Bikini Pools and Spas LLC (our company) purchased an acrylic panel from Titan for use in the construction of an infinity pool for a customer. Titan agreed to provide the labor and materials for the installation of the panel in exchange for the total sum of $74,968.00. We paid a down payment of 50% or $37,000 with 50% due upon installation at the location. We learned December 2021 learned that our "customer" was actually a felon and prison inmate who had defrauded Charles Schwab for $11 million dollars. Part of those funds were used to purchase a $4.4 million dollar house in Buckhead, Atlanta, Georgia, which was the residence we (Bikini Pools and Spas) were engaged to construct a pool. For obvious reasons, our contract with the “customer” fell through and they no longer required this particular panel. We informed Titan Aquatic Exhibits (Dustin Glossup-Sales) of this, via email, on January 21, 2021. In response, Titan stated that it “would take care of [Bikini Pools]” and agreed to re-sell the panel or see if it could be used for another project. As such, we fully complied with their contract-Article 11: Force Majeure by alerting Titan in writing and attempting to reduce the damage sustained. However, nearly a year and a half later and after multiple emails back and forth, on May 10, 2022, Titan informed us that it was able to sell part of the panel, but that Titan had to discount and cut the Panel and would only refund $6,000 of the $37,000.00 paid by Bikini Pools. We only agreed to allow Titan to resell or reuse the panel if it was able to find a buyer for the entire panel or a similar use such that we could recover an amount close to what we paid. Titan breached our agreement, took control of the panel, and converted it for its own or someone else’s use without our permission or consent. When pressed, they refused to refund even the $6,000 they offered saying the they had been "stiffed" by a customer for $7,000 and would not be paying us.

  Business response

  09/26/2022

  Per our contract and also stated on the invoice, once materials are ordered, the order can not be cancelled or the downpayment is forfeited. Force Majeure, does not apply in this circumstance, because a fraudulent client, would not be considered an act of god. It took well over a year for us to find a suitable customer for this panel and even then, had to heavily discount the price.

  We agreed to get Bikini Pools as much as we could for the panel and sent a $6000.00 check that has yet to be processed by the pool company. We are sorry your client was not more properly vetted by your company, but we do not feel we should be responsible for that. Per our contract, we are still owed the balance of the contract and had agreed not to pursue further funds from the pool company and did everything we said we would do for them. 

  Business response

  10/20/2022

  Due to completely non professional emails we are receiving from your company like this one,

  We decline your offer and are filing suit for the full amount. You guys were ******** about us vetting our customer better and sold our panel for an undisclosed amount.  
  
  "Force Majuere":  
  https://www.breitbart.com/entertainment/2022/10/16/report-georgia-inmate-accused-of-stealing-11-million-by-impersonating-billionaire-from-prison/
  
  Stay tuned...

   

  We will no longer try to reply to any of your communications. 

  Customer response

  10/24/2022

  it is unprofessional and illegal to take a business’ $37,000, resell their panel and refuse to return any portion of the money. The only person to return phone calls and emails was Titan’s sales manager Dustin Glossup as neither owner Neal Moir or Brian Hamlsch would ever speak with us. Every time we tried to explain the situation, Glossup would say we should have vetted our customer better as if somehow we had foresight about a customer who actually defrauded Charles Schwab and others for over $11 million dollars. If Titan is so upset about us pointing out “Force Majeure” on their own contract and sending the article that’s all over the news in Atlanta, that’s just an excuse. We are filing suit as they breached their contract and have no desire to be ethical or make this right. 

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