Pimped Out Aquariums (NAGA)

[SeanCallan]

I want to apologize upfront for any spelling or grammatical errors, I am definitely very upset and disappointed that this has had to happen and there are too many thoughts to write down.

 

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Week 6 : The saga continues.

 

For the most part I have not mentioned any of the issues surrounding the construction of my tank. I think Jeff (NAGA) is a good guy and originally I thought he meant well so I did not intend to dirty his reputation in the public forum. However, we are on week 6 and the tank as specified by the design and contract is still not complete. The contract we signed was for a 2 week delivery but Jeff has continuously had excuses for why there have been unacceptable delays including, but most definitely not limited to: The steel stand contractor having a tooth ache that caused him to take 2 weeks to deliver the stand.

 

A couple of things up front that may be noteworthy: The contract stipulates that Jeff is responsible for building and delivering the tank and providing all the necessary plumbing pieces and completing the installation.

 

The stand.

 

It took 2 weeks for the builder to have the stand delivered to Jeff. The stand is not level and now must be shimmed nor is it finished. The edges are sharp and scratched the underside of the tank and have already stained the carpet with rust (which I cannot for the life of me get out).

 

The tank.

 

This was supposed to be my "dream tank" I've been toying with this design for years now waiting to find a builder to make it a reality little did I know it would end up a nightmare. It took 3 weeks for Jeff to delivery the tank to my house. The edges of the tank have not been sanded or properly buffered you can clearly see where the router bit took out pieces of acrylic. There are a number of clearly visible bubbles in the seams which suggest to me that there may be issues down the line with the construction of the tank. The carbon bin was not delivered with the tank as the contract stated it would be. Ignoring these issues that Jeff promised to resolve, I began my water test. Anyone following my build thread will know it was delayed due to a leak the very bottom of the left corner. It would take Jeff another week to make time to come out and make the repairs. I was home from work 3 days that week and he was unable to come over during any of those times. To resolve the leak Jeff simply glued 4 45 degree black acrylic pieces on the corner to cover the hole. It took a number of discussions with Jeff to finally get him to understand that I was not comfortable with the tank sitting on the stand as the sharp edges had already begun to gash the tank. Jeff finally agreed to help me remove the tank and put insulated foam underneath. We went forward with the second water test only to find a number of leaks in the plumbing that would need to be repaired.

 

The carbon bin

 

Though a small part of the tank the contract stated that a shelf or bin would be built into the sump to accommodate activated carbon. As I mentioned already upon delivery of the tank the bin was not in place. Jeff would come back later to delivery a hang on carbon bin he had put together. This alternative was not built to fit the tank and Jeff remedied this problem by using double sided tape to attach it to the tank.

 

All in all I am thoroughly disappointed. I should have heeded the warnings WAMAS members sent me about dealing with Jeff but each negative feedback I received I also received some positives. At this time Jeff does not seem to care that he has continuously been late on delivery or repairs. It seems as though the timeline was never really important at all to Jeff for this particular project.

 

I have tried time and time again to email or call Jeff to resolve this matter out of the public so that both parties are left satisfied. He has instead responded to me with emails with phrases such as "You really don't want someone working on your tank that is pissed off both for present and future concerns you may have."

 

I had enough forethought to do my payments through Paypal. I have now filed a dispute with them outlining the concerns with the delivered product. If Paypal cannot resolve this matter I will be contact a lawyer and the Better Business Bureau.

 

Anyone considering a business relationship with Jeff is more than welcome to come and view the quality of his work. If someone with a half decent camera would be willing, I would gladly provide pictures to go along with my claims. I still have all the emails and documents that Jeff has been a part of should anyone wish to have a look at them.

 

I would suggest to anyone planning on dealing with Jeff to consult a lawyer prior to signing ANYTHING.

 

I cannot emphasize enough the amount of time I have lost dealing with Jeff. I try to be an understanding person, I know the economy is really hurting a number of people, and I myself deal with contracts and can understand his perspective. That being said, even when I may be unable to complete something or anything else that may negatively impact a client of mine I will notify them and explain to them the issues and how I intend to resolve them in a timely manner as a simple courtesy, this has not been the case with Jeff.

 

I truly regret that it has come to this. I tried to call Jeff one last time this evening and he simply hung up on me.

[Brian Ward]

from my own experience with paypal disputes, they will only recover the amount that is left in the account. My guess is that Jeff has already withdrawn all of this so even if you win the dispute with PayPal, there will likely be no compensation. I suggest small claims court is in order assuming the value is under $5k. If it's over, you'll need to consider the costs involved in escalating to the next level of civil suit. Maryland is excellent for consumer advocacy and you will likely find plenty of help from the government.

[gsedlack]

If you used your credit card as funding your best bet is to file a claim thru them.

[SeanCallan]

If you used your credit card as funding your best bet is to file a claim thru them.

 

Yeah, I would REALLY prefer to not escalate it to that degree. I really hope we can have some resolution before I need to contact the bank and report this. If it comes to that then so be it, but if possible I'd like to avoid it.

 

I'm not out to screw anyone and I hate that it's come even this far.

[Brian Ward]

Yeah, I would REALLY prefer to not escalate it to that degree. I really hope we can have some resolution before I need to contact the bank and report this. If it comes to that then so be it, but if possible I'd like to avoid it.

 

I'm not out to screw anyone and I hate that it's come even this far.

 

remember there are time limits for filing disputes it's frequently better to file disputes / suits everywhere and sort it out later

[NAGA]

90% of what is stated with the post of Sean Callan is not true and grossly exagerated. There were a number of things with this install that caused delays that were not in my control which the contract stipulated. On countless occasions I have tried to reach Sean and he does not answer to where eventually he tells me he can't take calls at work after getting in trouble with it before. This has been in large part a contributor to the delays. He has not gotten messages I have left giving him updates as to what progress has been made on what needs addressing and he has admittedly said that his phone has been giving him issues with messages/voicemail. This has left him the impression that I don't call him back. Emails I have gotten from him have at the latest been returned in less than 8hours with either a phone call or email back. He is very hot-headed to where I receive phone calls with ultimatums that have to be adressed in an hour or else the threat of posting here on WAMAS which now he has done. He has great difficulties containing himself to constructively move forward with the tank to where he just simply flies off the handle. A nearly impossible situation to smoothly complete things in a amicable way. In anycase I provided Sean today with a timeline to address the valve issue as I have been pursuing the final information needed to connect the actuated valve.

 

The stand is said to be out of level and when it was setup there was no problem at that time. Subsequently I have been made aware that there is a problem but, have not had the opportunity to see it for myself. As for the scratching of the underneath part of the tank where the tank sits on the stand all I can say is that I guess it's important to be conscious to not scratch the bottom of the tank. Since it wasnt going to be a surface that is seen I though nothing of it. Gash certainly would not be a term I would use but, he likes it for dramatization purposes. To put him at ease I suggested we put the insulation on the stand to protect the bottom of the tank from being scratched and when asked he said that if I thought it was fine that we could leave it and my resonse was that it was fine but, that I could tell it was bothering him and that I thought we should do it anyway.

 

The carbon bin was described to be in the sump but, I did make Sean aware of the idea of having it go over the overflow area so that he would not need a pump to run it. He agreed to this and further said it was a good idea. The bin though is a little too big and I told him that I would bring another one to replace it that was a little smaller and what I had done in order to get a measurement was to tape it in to reference as to how much smaller to make the new one which is why the tape was there.

 

As for the routed edges of the tank that is what they are. I generally rout and flame polish the edges or rout and buff polish the edges. In his case I routed and buffed the edges. That is an industry standard doing either. Most mfg. will offer a sand and flame polish or sand and buff polish but, those options are additionally charged for unless the mfg. just charges for that in the initial quote. Sean wants the edges sanded and buffed.

 

There is more to this but, really this is just going to be a pissing match here in the forum to which many arguements can be made both back and forth to which I am not going to participate any further than with this post. Sean through his thinking has thought thsi to be his best way of getting action from me and to dirty things up for me. All I will say is that I have operated in good faith to the best of the circumstances involved and the nay sayers can have their oppinion chime all day long as I simply will try to get done what I have to get done with this.

 

Also, I did not hang up on Sean.

[SeanCallan]

90% of what is stated with the post of Sean Callan is not true and grossly exagerated. There were a number of things with this install that caused delays that were not in my control which the contract stipulated. On countless occasions I have tried to reach Sean and he does not answer to where eventually he tells me he can't take calls at work after getting in trouble with it before. This has been in large part a contributor to the delays. He has not gotten messages I have left giving him updates as to what progress has been made on what needs addressing and he has admittedly said that his phone has been giving him issues with messages/voicemail. This has left him the impression that I don't call him back. Emails I have gotten from him have at the latest been returned in less than 8hours with either a phone call or email back. He is very hot-headed to where I receive phone calls with ultimatums that have to be adressed in an hour or else the threat of posting here on WAMAS which now he has done. He has great difficulties containing himself to constructively move forward with the tank to where he just simply flies off the handle. A nearly impossible situation to smoothly complete things in a amicable way. In anycase I provided Sean today with a timeline to address the valve issue as I have been pursuing the final information needed to connect the actuated valve.

 

The stand is said to be out of level and when it was setup there was no problem at that time. Subsequently I have been made aware that there is a problem but, have not had the opportunity to see it for myself. As for the scratching of the underneath part of the tank where the tank sits on the stand all I can say is that I guess it's important to be conscious to not scratch the bottom of the tank. Since it wasnt going to be a surface that is seen I though nothing of it. Gash certainly would not be a term I would use but, he likes it for dramatization purposes. To put him at ease I suggested we put the insulation on the stand to protect the bottom of the tank from being scratched and when asked he said that if I thought it was fine that we could leave it and my resonse was that it was fine but, that I could tell it was bothering him and that I thought we should do it anyway.

 

The carbon bin was described to be in the sump but, I did make Sean aware of the idea of having it go over the overflow area so that he would not need a pump to run it. He agreed to this and further said it was a good idea. The bin though is a little too big and I told him that I would bring another one to replace it that was a little smaller and what I had done in order to get a measurement was to tape it in to reference as to how much smaller to make the new one which is why the tape was there.

 

As for the routed edges of the tank that is what they are. I generally rout and flame polish the edges or rout and buff polish the edges. In his case I routed and buffed the edges. That is an industry standard doing either. Most mfg. will offer a sand and flame polish or sand and buff polish but, those options are additionally charged for unless the mfg. just charges for that in the initial quote. Sean wants the edges sanded and buffed.

 

There is more to this but, really this is just going to be a pissing match here in the forum to which many arguements can be made both back and forth to which I am not going to participate any further than with this post. Sean through his thinking has thought thsi to be his best way of getting action from me and to dirty things up for me. All I will say is that I have operated in good faith to the best of the circumstances involved and the nay sayers can have their oppinion chime all day long as I simply will try to get done what I have to get done with this.

 

Also, I did not hang up on Sean.

 

Jeff,

 

I appreciate you taking the time out of your seemingly busy schedule to post on the forums when you are unable to respond to my emails or phone calls. I don't intend to make this a pissing match but I do intend to provide people the fair warning they deserve before going forward with your business.

 

You can claim I have made exaggerations but I still stand by my offer to allow anyone who is interested to come and view the tank for themselves and make their own conclusion. I have nothing to hide and nothing to gain.

 

I never provided any sort of "within the hour" timeline, I did call you and tell you I expected to at least hear from you by COB the following day. A time which you did not make.

 

I don't know anything about acrylic tanks which is why I came to you. If I had known that the "basic" finish package for a tank is to leave rough edges and scratches I would never have done business with you period. But I made the mistake of giving you the benefit of the doubt (again) that you would come fix them. You yourself said you were going to sand and buff the tank but I was too impatient . I was most definitely impatient when I started to receive phone calls with ever mounting delays that far exceeded what was outlined in the contract.

 

Call them naysayers all you want but you're the one whos integrity is in question here not only with me but with your dealings with ArtC.

 

As for my phone issues: You're the only person who it seems to have problems with. You tell me you've left me voicemails that have never shown up and emails which gmail must have lost. Considering the rest of the excuses you've had from tooth aches to birthday parties schedule when you're supposed to making repairs maybe you never made those calls but just figured I'd give you the benefit of the doubt which I regretfully did.

 

As for hanging up on me? It ran once, clicked, and "Call Ended." <- This is the least of my concerns now.

 

My offer still stands to anyone who wants to review Jeff's emails, drawings, contract, or tank. You are welcome to contact me via PM to setup a time we can meet.

Edited December 5, 2008 by SeanCallan

[flowerseller]

[phisigs79]

What happened to the customer being right and making the customer happy?

[DEEPBLUE]

WOW, thats getting ugly fast. But I'd like to come see the tank, because I've already contacted him about a future tank.

[SeanCallan]

WOW, thats getting ugly fast. But I'd like to come see the tank, because I've already contacted him about a future tank.

 

Shoot me a PM and we can arrange a time this weekend for you to swing by.

[gioNVA]

Sorry to hear about your issues. I seem to recall a few people posting about having similar complaints with this builder. I'm not sure if those were ever resolved.

 

There's another acrylic shop in VA Beach that I went to last month. I saw some of their work and it looks great. Their website is spaquatics.com. The plus is that there's a really nice LFS next door that has tons of LE corals. Probably one of the nicer stores I've been to. Should be worth a trip for anyone that is looking to get a tank built.

 

Good luck on getting this resolved.

[SteveM]

I am not saying this to take sides in this issue but I have to say that Jeff built a sump for me a few months ago. It was built on time and came out perfect.

[MisterTang]

I also do not necessarily want to take sides, but I want to advise you to take action with your credit card company immediately if you feel at all inclined to do so. You have a relatively small window to file a complaint, and after this time passes, you will be left begging to PayPal. If you do not take this avenue right now, you may wish you had later, but by then, your CC company will be unable to help you. If that route doesn't completely remedy the situation, the resultant paperwork and documentation will give you an easier time in small-claims court.

 

I am not a lawyer, nor do I play one on TV - but I have had to seek restitution several times, and have been through the gamut.

[SeanCallan]

I am not saying this to take sides in this issue but I have to say that Jeff built a sump for me a few months ago. It was built on time and came out perfect.

 

No worries. Like I said, I know that there are some people whom Jeff treated with respect and had a professional relationship with. But now that I've made this post my inbox has filled with more people telling me how they too received less than stellar service from him.

 

I also do not necessarily want to take sides, but I want to advise you to take action with your credit card company immediately if you feel at all inclined to do so. You have a relatively small window to file a complaint, and after this time passes, you will be left begging to PayPal. If you do not take this avenue right now, you may wish you had later, but by then, your CC company will be unable to help you. If that route doesn't completely remedy the situation, the resultant paperwork and documentation will give you an easier time in small-claims court.

 

I am not a lawyer, nor do I play one on TV - but I have had to seek restitution several times, and have been through the gamut.

 

I wanted to avoid this option but it's evident now that Jeff has no desire to try and remedy this situation and therefore has forced my hand to take action against him and his company.

 

I can honestly say that I genuinely feel bad about making this post. I really really wanted Jeff to make this right so I could come on here and make a post about how satisfied I was. Jeff can call me hot headed as much as he feels is necessary to justify his inaction but someone who is hot headed doesn't continuously give you more time or plead with you to do the right thing so all of this can be avoided.

 

To illustrate the level of customer service heres a quote from one of Jeff's emails:

"Now ifyou want to keep bringing up how long this is taking and feel that leads to a better resolve of things then knock yourself out."

[yauger]

Sean, couple questions. What exactly do you want to happen? Do you want a refund or do you want the tank build to be complete? If you want Jeff to finish I think making a big hoopla on the boards is working against you, sometimes we all get tired of playing the game but in order to get what you want thats exactly what you need to do. Not saying what you're doing now is wrong however it is counter productive to getting your "Dream Tank". I'm truely sorry you're having so many issues with this tank build but if you want this to finish up I suggest you at least try to work things out with Jeff before blowing up on the boards. You have to remember that posting on a forum complaining about Jeff will not get your cash back or finishing your tank, it will only delay and complicate things further. best of luck my friend.

[SeanCallan]

Sean, couple questions. What exactly do you want to happen? Do you want a refund or do you want the tank build to be complete? If you want Jeff to finish I think making a big hoopla on the boards is working against you, sometimes we all get tired of playing the game but in order to get what you want thats exactly what you need to do. Not saying what you're doing now is wrong however it is counter productive to getting your "Dream Tank". I'm truely sorry you're having so many issues with this tank build but if you want this to finish up I suggest you at least try to work things out with Jeff before blowing up on the boards. You have to remember that posting on a forum complaining about Jeff will not get your cash back or finishing your tank, it will only delay and complicate things further. best of luck my friend.

 

Hi Josh,

 

I'm glad you ask. At this point I have been waiting for Jeff to complete the repairs but everything is "next week" or some other excuse that continuously postpone things. I paid for an actuated ball valve and Jeff delivered it without the timer and now expects me to find one and purchase it. I've been calling him for 2 weeks over the timer and only this week did I hear that he had made a call but had no answer. It was my understanding from the very beginning that he had everything he needed.

 

I do not wish to continue business with Jeff. Not only because there is no end in sight but because I'm tired of cleaning up afterwards. Each time he has left my apartment there have been acrylic shavings all over the carpet, he dripped PVC glue on the carpet and there are other stains from when he was here - it's an absolute mess when he leaves. Plus who would want someone to come to their house and do work when they tell you "You really don't want someone working on your tank that is pissed off both for present and future concerns you may have."

 

As of right now I'm not expecting a full refund, but I did request a percentage back from Paypal and will file with the Credit Card company this afternoon. This refund will be put towards having a new contractor come out and correct the issues that Jeff has created.

 

You have to realize that I have been calling Jeff almost daily for the last 4 weeks trying to find out when things are going to be completed. The vast majority of the calls are never returned. So I have put off this "hoopla" as long as I can, I have given him countless opportunities to correct things and all I ever asked for was an honest deadline. Never has Jeff called or emailed me and been honest about delays and when he expects to make them right. He always has an elaborate excuse as to why things are late and somehow not his fault.

 

I have been very fair and understanding with Jeff until this point - he has no respect for me or our business relationship so I will cease to work with him.

 

If Jeff wants to avoid taking the issue to court or claims being filed with the BBB he could refund me the amount of I have requested and we can both go our separate routes. Seeing as though he still hasn't resolved outstanding matters with other members I don't think I can expect to see anything from him till a court orders it.

Edited December 5, 2008 by SeanCallan

[wdytat]

Were there any stipulations in the contract regarding a return and refund based on the product not meeting your expectations? Unless your contract says that the stand had to be level, sanded, and painted, and the tank had to be free of rough corners, you may have a tough time selling your complaint to the CC/PayPal/courts. I'd hope it was noted that the tank would be free of leaks though. So that could be your savior. If he just came out and slapped a patch on it, it no longer meets your original design and requirements.

 

Of course, I'm not a lawyer either. Just my 2 cents is all.

[SeanCallan]

Were there any stipulations in the contract regarding a return and refund based on the product not meeting your expectations? Unless your contract says that the stand had to be level, sanded, and painted, and the tank had to be free of rough corners, you may have a tough time selling your complaint to the CC/PayPal/courts. I'd hope it was noted that the tank would be free of leaks though. So that could be your savior. If he just came out and slapped a patch on it, it no longer meets your original design and requirements.

 

Of course, I'm not a lawyer either. Just my 2 cents is all.

 

The contract does say that the stand will be painted and I think it's safe to assume it would also be level. I don't think there would be an issue in court.

[phisigs79]

I think its implied that a tank is made to be without leaks and a stand needs to be level. Thats like saying you put a contract on a house and the builder doesnt build the house completely straight (leaning tower straight) but the contract doesn't stipulate it having to be straight and your stuck with the house. Some things are implied.

Edited December 5, 2008 by phisigs79

[Larry Grenier]

Anyone in or near Manassas that would like to see one of Jeff's creations can see mine. It was a custom job.

[yauger]

Anyone in or near Manassas that would like to see one of Jeff's creations can see mine. It was a custom job.

 

Actually the latest TOTM winner has a NAGA custom Tank.

[SeanCallan]

Anyone in or near Manassas that would like to see one of Jeff's creations can see mine. It was a custom job.

 

As was mine. Jeff does good work supposedly and I think people should see both the good and the bad before they make their decision.

 

How recently was your tank constructed? I know at one point Jeff was employing additional staff to help with tank construction but from conversations I've had with him he no longer does. Quality may have declined as his staff was no longer around to supplement.

[SeanCallan]

Actually the latest TOTM winner has a NAGA custom Tank.

 

Yup, your brothers tank, which looks great. But unless you've forgotten our conversation at your house even you warned me about NAGA.

 

This could have been avoided if he had been truthful from the start. If it was going to take 6 weeks I would have accepted that if thats what the contract said when I first agreed to the work. You keep forgetting that one of my biggest complaints is that I paid for a tank to be constructed, delivered, and installed to a fully functional state in 2 weeks (the time frame Jeff himself picked, I originally anticipated a longer time, he was confident this would be simple) and that has not been the case.

 

Jeff himself said on a number of times that he was going to sand and buff the tank smooth but he ran out of time. So by his own admission he delivered an unfinished product. Construction of the tank didn't even start till the second week. All payments I made to Jeff were made the same day he requested them.

 

A contract is a contract, you don't sign them if you don't intend to keep them.

[yauger]

Yup, your brothers tank, which looks great. But unless you've forgotten our conversation at your house even you warned me about NAGA.

 

 

Sean, I wasn't disputing your claim, just commenting on the last comment about an example of Jeff's work. Please do not bring me into your battle here, I want things to work out for you but saying things like "even you warned me" is putting words in my mouth, what I distinctly remember telling you was positive reviews about Jeff and as a matter fact it was the same time he built my custom water changing tanks which came out great. No offense bro but I disagree with you on this concerning Jeff's work. He has built me more than 5 tanks for me in the past and each and every one of them has come out beautiful. One thing I will add is that I have and never will place a time frame on work done, rushing jobs only produces sub quality products. even for my simple sump designs I give Jeff a month before I even send him an email. Most times I let him do his thing and let him call me whenever its done.