Here is "TERMS & CONDITIONS"
TERMS AND CONDITIONS
1. STRUCTURAL WARRANTY
Limited Warranties. Pool Builder, LLC warrants its works to be free from defects in material and workmanship for a period of one year from the date the pool is plastered. Pool Builder, LLC further warrants the pool structure will remain structurally sound for the period of time that the pool is owned by the Buyer. This term structurally sound means that the swimming pool does not present visible cracks and the pool is capable of retaining water, and in the event of failure to do so, Pool Builder, LLC will, within this period repair the pool structure so that it will retain water. This warranty does not extend to, or cover, coping, tile, decking, coloring, plaster, plumbing, electrical, filter, heater or other pool accessories, which are by definition not part of the pool structure.
Pool Builder, LLC may issue a new warranty that the pool structure will remain structurally sound to a second owner after complete inspection by Pool Builder, LLC, instructions to such new owner, and payment to Pool Builder, LLC of inspection fee therefore.
Plaster, Coping, Decking have a two year warranty. In the case the defects or failures are resulting from mistreatment or neglect by Buyer, repairs or service at Buyer’s expense. Deck Plaster not warranted against local water conditions, improper use of chemicals, or improper cleaning of the pool. Colored plaster is not of even color or hue and will streak white. This is caused by chemicals in the water (calcium, alkaline). These stains can be removed at owners cost by acid washing.
All pool equipment and accessories installed as provided for herein, carry a warranty as provided by the manufacturer of the same, and it is included in the equipment specifications attached to the contract.
Buyer shall notify Pool Builder, LLC of any alleged defects of breach of the above warranty within a reasonable time after discovery, in no event later than 5 days after discovery; such notice shall be sent to Pool Builder, LLC at its place of business set forth on the front of this contract.
The above warranties are effective only if Buyer has complied with all terms and conditions, payment and other provisions of the contract. The warranties become void if: the pool is not kept full except for a 1-day maintenance period each year, if the pool structure is damaged by reason of the water rising above the lowest point of the pool when the pool is not kept full; or by reason of any earth or fill ground movement, acts of God, war riots, or other civil disturbances, acts of others.
Defects or failures resulting from mistreatment or neglect by Buyer will be repaired or serviced at Buyer’s expense. If Buyer has work performed by others that is not provided for in this contract, such as but not limited to electrical panel changes, landscaping, erection of fences and retaining wall, Pool Builder, LLC shall not be held liable for such loss or damages which may result there from.
The sole and exclusive remedy of the Buyer and the obligation of Pool Builder, LLC for the matter set forth herein in whether on warranty, contract, negligence or strict liability, is the repair of the defect, Pool Builder, LLC shall in no event be liable of special or consequential damages.
2. RESPONSABILITIES OF POOL BUILDER, LLC
Pool Builder, LLC agrees to do all work provided in this contract in good and workmanlike manner, but shall not be responsible for delay or failure to perform work when such delay or failure is due to: Acts of God, inclement weather, war riot or other civil disturbance, labor disputes, government prohibition, non issuance of all required permits affecting the swimming pool and adjacent areas, failure of Buyer to perform any obligations to be performed by him hereunder, or other reason beyond Pool Builder, LLC contract. When Buyer has work performed by others, Pool Builder, LLC does not warrant such work and Pool Builder, LLC shall not be held liable for such work or loss or damages, which may result there from.
Pool Builder, LLC may subcontract all or any portion of the work. Pool Builder, LLC shall pay all subcontractors, laborers and material suppliers. Pool Builder, LLC shall keep Owner’s property free of valid labor or material suppliers liens.
3. ITEMS NOT RESPONSIBILITY OF POOL BUILDER, LLC
Pool Builder, LLC should not be held liable for any plumbing, gas, electric, cable, telephone, waste and water lines that may be discovered during construction. Rerouting, relocating or replacing any of the mentioned lines are not responsibility of Pool Builder, LLC. Pool Builder, LLC shall not be held responsible for any existing violations of applicable building regulations or ordinances, whether cited by the appropriate authority or not. Correction of such violations or abnormal conditions by Pool Builder, LLC shall be considered additional work and shall be dealt with as herein provided under “Change Order”.
4. RESPONSABILITIES OF BUYER
If Buyer authorizes access to adjacent properties for Pool Builder, LLC use during construction, Buyer is required to obtain permission from the owner (s) of adjacent properties for such use, and Buyer agrees to be responsible for any normal damage including landscaping damage. The Owner represents ownership of the property where construction is to occur. It is the Owner’s duty to point out boundary lines of the property and Owner is responsible for the accuracy of such lines and how they are represented on drawings. If required, the Owner will pay for a survey to chart boundary lines.
Buyer is required at his expense to do all construction and other acts necessary and to meet all conditions necessary to allow Pool Builder, LLC to complete the work provided in this contract. Buyer has directed the location of the pool, other improvements and equipment as shown on the attached pool drawing known as Exhibit A. There shall be no liability on the part of Pool Builder, LLC for incorrect location of such pool, other improvements and equipment, or for encroachment or interference thereby upon the property, easements or rights of any third parties. Drainage beyond the pool site is to be provided by buyer and is to meet city and or county requirements. No grading, other than pool site preparation, will be done by Pool Builder, LLC unless specified on this Contract. Buyer agrees to make payment called for by this contract on time, even though repairs under this Contract may have been scheduled but not yet performed. All payments received later than 3 days from the time due extend the completion date an additional 3 days for each day. If completion of swimming pool is delayed by Causes under Buyers Control for a period of more than 30 days, Buyer agrees to pay the increased labor and material, and equipment cost resulting from Buyers-days, Buyer agrees to pay the increased labor and material, and equipment cost resulting from Buyers-delay. Pool Builder, LLC retains the title to all pool equipment until purchase price on any extras are paid in full.
Approval of work by an inspecting governmental agency deemed to be completion of that work in a workmanlike manner. The pool is deemed complete when plastered and filled of water.
Con’t
______ _______ ______ ________
Initial Date Initial Date
5. MEASUREMENTS
All pool dimensions are approximate with reasonable tolerance either way. Measurements, sizes and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified. The parties agree that all final surface dimensions are within 5% of the specified surface dimensions and all final vertical dimensions are within 5% of the specified vertical dimension. Buyer and Pool Builder, LLC agree that it is difficult and impractical to compute the actual damages in the events of deviation in pool dimensions Buyer and Pool Builder, LLC agree that liquidated damages for errors by Pool Builder, LLC shall be computed as $ 3.00 per square foot multiplied by the difference between the water surface square foot area of the pool specified herein, less the 5% variance and the actual water surface of the pool as constructed. $ 20.00 per inch for variance of more than 5% of the vertical dimension of the pool specified herein (less the 5% variance). However, in the event the specified pool depth is not attainable with normal excavation equipment due to underground water, sand rock, or other unusual subsurface condition beyond Pool Builder, LLC Control, then Pool Builder, LLC and Buyer shall agree upon attained depth with no penalty on Pool Builder, LLC.
6. POOL SITE
The term site means the area comprising the water surface area and that portion of the ground surface extending to a distance of not more than four (4) feet (or to a distance required by local code for minimum decking) from the perimeter of the pool water surface.
7. PLUMBING AND UTILITIES
Unless specified on the face of the contract, or on the plans, existing plumbing, gas, waste and water lines are not to be changed. And labor materials and equipment necessary, to relocate, reroute, or replace sanitation and water supply systems and utilities, including overhead and underground, are not included under the terms of the contract and shall be the responsibility of the Buyer.
8. ELECTRICAL SERVICE
Unless specified included electrical work contemplates, no change to the existing service panel other than the addition of circuit breakers or fuse block to distribute electrical current to new outlets. Changes to existing wiring not included. All Panel changes are Buyers responsibility.
9. DAMAGE TO WORK
If the project or any portion of it is destroyed or damaged by fire, storm, flood, landslide, earthquake, theft, or other disaster or accident, any work done by Pool Builder, LLC to rebuild shall be paid for by the Owner as an Extra and dealt with as herein provided under “Change Order”.
10. FINANCING
Pool Builder, LLC may assist the Owner in obtaining financing but in no event are the financing arrangements as may be required by the Owner a condition to this contract, and it is expressly agreed that the Owner is responsible solely for any such financing that may be required. This is a cash transaction.
11. PERMITS
It has to be mentioned that Buyer is completely responsible for any City, County, or any other Permit required for the construction of the swimming pool. In the case that there would be any inspection Buyer is responsible for any cost or fee that could be required. Unless otherwise specified in this Agreement.
12. ADDITIONAL REQUIREMENTS FOR COMPLETION
Pool Builder, LLC shall promptly notify Owner of any additional requirements necessary to facilitate project’s completion. Any subsequent amendment, modification or agreement, which operates to alter the contract, and which is signed or initialed by Pool Builder, LLC and Owner, shall be deemed a part of this contact and shall be controlling in case of conflict, to the extent that it alters this contract.
13. CHANGE ORDERS
The Owner and Pool Builder, LLC must agree in writing to any modification or addition to the work covered by this contract. Pool Builder, LLC shall do no extra work without the written authorization of the Owner. Any written agreement shall list the agreed price and any changes in terms and be signed by both parties. Failure to have written authorization shall not be deemed fatal to the collection of the change order.
For any change order performed, Pool Builder, LLC shall be compensated in an amount to be determined before the extra work is performed and such amount including Reality Pool’s usual fee for overhead and profit shall be made as the extra work progresses, concurrently with payments, made under the payments scheduled.
Any change-order form shall be incorporated in, and become part of the contract.
14. NOTICE OF COMPLETION
Owner agrees to sign and record a Notice of Completion within five (5) days after the project is substantially completed and ready for occupancy. Failure by the Owner to do so authorizes the Pool Builder, LLC to act as the Owner’s agent to sign and record a Notice of Completion.
15. ATTORNEY FEES
Any dispute or difference between the Contractor and the Owner arising out of and during the currency of the Agreement or upon termination or cancellation thereof, shall be referred to arbitration. The arbitrator shall be appointed at the request of either party by the relevant Association having jurisdiction in the area.
16. CONTRACT AND SPECIFICATION
This Contract, including incorporated documents, constitutes the entire agreement of the parties. No other oral or written agreements between Pool Builder, LLC and Owner, regarding construction performed exist. This agreement shall be construed in accordance with, and governed by, the laws of the state in which the work is performed.
TERMS AND CONDITIONS
1. STRUCTURAL WARRANTY
Limited Warranties. Pool Builder, LLC warrants its works to be free from defects in material and workmanship for a period of one year from the date the pool is plastered. Pool Builder, LLC further warrants the pool structure will remain structurally sound for the period of time that the pool is owned by the Buyer. This term structurally sound means that the swimming pool does not present visible cracks and the pool is capable of retaining water, and in the event of failure to do so, Pool Builder, LLC will, within this period repair the pool structure so that it will retain water. This warranty does not extend to, or cover, coping, tile, decking, coloring, plaster, plumbing, electrical, filter, heater or other pool accessories, which are by definition not part of the pool structure.
Pool Builder, LLC may issue a new warranty that the pool structure will remain structurally sound to a second owner after complete inspection by Pool Builder, LLC, instructions to such new owner, and payment to Pool Builder, LLC of inspection fee therefore.
Plaster, Coping, Decking have a two year warranty. In the case the defects or failures are resulting from mistreatment or neglect by Buyer, repairs or service at Buyer’s expense. Deck Plaster not warranted against local water conditions, improper use of chemicals, or improper cleaning of the pool. Colored plaster is not of even color or hue and will streak white. This is caused by chemicals in the water (calcium, alkaline). These stains can be removed at owners cost by acid washing.
All pool equipment and accessories installed as provided for herein, carry a warranty as provided by the manufacturer of the same, and it is included in the equipment specifications attached to the contract.
Buyer shall notify Pool Builder, LLC of any alleged defects of breach of the above warranty within a reasonable time after discovery, in no event later than 5 days after discovery; such notice shall be sent to Pool Builder, LLC at its place of business set forth on the front of this contract.
The above warranties are effective only if Buyer has complied with all terms and conditions, payment and other provisions of the contract. The warranties become void if: the pool is not kept full except for a 1-day maintenance period each year, if the pool structure is damaged by reason of the water rising above the lowest point of the pool when the pool is not kept full; or by reason of any earth or fill ground movement, acts of God, war riots, or other civil disturbances, acts of others.
Defects or failures resulting from mistreatment or neglect by Buyer will be repaired or serviced at Buyer’s expense. If Buyer has work performed by others that is not provided for in this contract, such as but not limited to electrical panel changes, landscaping, erection of fences and retaining wall, Pool Builder, LLC shall not be held liable for such loss or damages which may result there from.
The sole and exclusive remedy of the Buyer and the obligation of Pool Builder, LLC for the matter set forth herein in whether on warranty, contract, negligence or strict liability, is the repair of the defect, Pool Builder, LLC shall in no event be liable of special or consequential damages.
2. RESPONSABILITIES OF POOL BUILDER, LLC
Pool Builder, LLC agrees to do all work provided in this contract in good and workmanlike manner, but shall not be responsible for delay or failure to perform work when such delay or failure is due to: Acts of God, inclement weather, war riot or other civil disturbance, labor disputes, government prohibition, non issuance of all required permits affecting the swimming pool and adjacent areas, failure of Buyer to perform any obligations to be performed by him hereunder, or other reason beyond Pool Builder, LLC contract. When Buyer has work performed by others, Pool Builder, LLC does not warrant such work and Pool Builder, LLC shall not be held liable for such work or loss or damages, which may result there from.
Pool Builder, LLC may subcontract all or any portion of the work. Pool Builder, LLC shall pay all subcontractors, laborers and material suppliers. Pool Builder, LLC shall keep Owner’s property free of valid labor or material suppliers liens.
3. ITEMS NOT RESPONSIBILITY OF POOL BUILDER, LLC
Pool Builder, LLC should not be held liable for any plumbing, gas, electric, cable, telephone, waste and water lines that may be discovered during construction. Rerouting, relocating or replacing any of the mentioned lines are not responsibility of Pool Builder, LLC. Pool Builder, LLC shall not be held responsible for any existing violations of applicable building regulations or ordinances, whether cited by the appropriate authority or not. Correction of such violations or abnormal conditions by Pool Builder, LLC shall be considered additional work and shall be dealt with as herein provided under “Change Order”.
4. RESPONSABILITIES OF BUYER
If Buyer authorizes access to adjacent properties for Pool Builder, LLC use during construction, Buyer is required to obtain permission from the owner (s) of adjacent properties for such use, and Buyer agrees to be responsible for any normal damage including landscaping damage. The Owner represents ownership of the property where construction is to occur. It is the Owner’s duty to point out boundary lines of the property and Owner is responsible for the accuracy of such lines and how they are represented on drawings. If required, the Owner will pay for a survey to chart boundary lines.
Buyer is required at his expense to do all construction and other acts necessary and to meet all conditions necessary to allow Pool Builder, LLC to complete the work provided in this contract. Buyer has directed the location of the pool, other improvements and equipment as shown on the attached pool drawing known as Exhibit A. There shall be no liability on the part of Pool Builder, LLC for incorrect location of such pool, other improvements and equipment, or for encroachment or interference thereby upon the property, easements or rights of any third parties. Drainage beyond the pool site is to be provided by buyer and is to meet city and or county requirements. No grading, other than pool site preparation, will be done by Pool Builder, LLC unless specified on this Contract. Buyer agrees to make payment called for by this contract on time, even though repairs under this Contract may have been scheduled but not yet performed. All payments received later than 3 days from the time due extend the completion date an additional 3 days for each day. If completion of swimming pool is delayed by Causes under Buyers Control for a period of more than 30 days, Buyer agrees to pay the increased labor and material, and equipment cost resulting from Buyers-days, Buyer agrees to pay the increased labor and material, and equipment cost resulting from Buyers-delay. Pool Builder, LLC retains the title to all pool equipment until purchase price on any extras are paid in full.
Approval of work by an inspecting governmental agency deemed to be completion of that work in a workmanlike manner. The pool is deemed complete when plastered and filled of water.
Con’t
______ _______ ______ ________
Initial Date Initial Date
5. MEASUREMENTS
All pool dimensions are approximate with reasonable tolerance either way. Measurements, sizes and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified. The parties agree that all final surface dimensions are within 5% of the specified surface dimensions and all final vertical dimensions are within 5% of the specified vertical dimension. Buyer and Pool Builder, LLC agree that it is difficult and impractical to compute the actual damages in the events of deviation in pool dimensions Buyer and Pool Builder, LLC agree that liquidated damages for errors by Pool Builder, LLC shall be computed as $ 3.00 per square foot multiplied by the difference between the water surface square foot area of the pool specified herein, less the 5% variance and the actual water surface of the pool as constructed. $ 20.00 per inch for variance of more than 5% of the vertical dimension of the pool specified herein (less the 5% variance). However, in the event the specified pool depth is not attainable with normal excavation equipment due to underground water, sand rock, or other unusual subsurface condition beyond Pool Builder, LLC Control, then Pool Builder, LLC and Buyer shall agree upon attained depth with no penalty on Pool Builder, LLC.
6. POOL SITE
The term site means the area comprising the water surface area and that portion of the ground surface extending to a distance of not more than four (4) feet (or to a distance required by local code for minimum decking) from the perimeter of the pool water surface.
7. PLUMBING AND UTILITIES
Unless specified on the face of the contract, or on the plans, existing plumbing, gas, waste and water lines are not to be changed. And labor materials and equipment necessary, to relocate, reroute, or replace sanitation and water supply systems and utilities, including overhead and underground, are not included under the terms of the contract and shall be the responsibility of the Buyer.
8. ELECTRICAL SERVICE
Unless specified included electrical work contemplates, no change to the existing service panel other than the addition of circuit breakers or fuse block to distribute electrical current to new outlets. Changes to existing wiring not included. All Panel changes are Buyers responsibility.
9. DAMAGE TO WORK
If the project or any portion of it is destroyed or damaged by fire, storm, flood, landslide, earthquake, theft, or other disaster or accident, any work done by Pool Builder, LLC to rebuild shall be paid for by the Owner as an Extra and dealt with as herein provided under “Change Order”.
10. FINANCING
Pool Builder, LLC may assist the Owner in obtaining financing but in no event are the financing arrangements as may be required by the Owner a condition to this contract, and it is expressly agreed that the Owner is responsible solely for any such financing that may be required. This is a cash transaction.
11. PERMITS
It has to be mentioned that Buyer is completely responsible for any City, County, or any other Permit required for the construction of the swimming pool. In the case that there would be any inspection Buyer is responsible for any cost or fee that could be required. Unless otherwise specified in this Agreement.
12. ADDITIONAL REQUIREMENTS FOR COMPLETION
Pool Builder, LLC shall promptly notify Owner of any additional requirements necessary to facilitate project’s completion. Any subsequent amendment, modification or agreement, which operates to alter the contract, and which is signed or initialed by Pool Builder, LLC and Owner, shall be deemed a part of this contact and shall be controlling in case of conflict, to the extent that it alters this contract.
13. CHANGE ORDERS
The Owner and Pool Builder, LLC must agree in writing to any modification or addition to the work covered by this contract. Pool Builder, LLC shall do no extra work without the written authorization of the Owner. Any written agreement shall list the agreed price and any changes in terms and be signed by both parties. Failure to have written authorization shall not be deemed fatal to the collection of the change order.
For any change order performed, Pool Builder, LLC shall be compensated in an amount to be determined before the extra work is performed and such amount including Reality Pool’s usual fee for overhead and profit shall be made as the extra work progresses, concurrently with payments, made under the payments scheduled.
Any change-order form shall be incorporated in, and become part of the contract.
14. NOTICE OF COMPLETION
Owner agrees to sign and record a Notice of Completion within five (5) days after the project is substantially completed and ready for occupancy. Failure by the Owner to do so authorizes the Pool Builder, LLC to act as the Owner’s agent to sign and record a Notice of Completion.
15. ATTORNEY FEES
Any dispute or difference between the Contractor and the Owner arising out of and during the currency of the Agreement or upon termination or cancellation thereof, shall be referred to arbitration. The arbitrator shall be appointed at the request of either party by the relevant Association having jurisdiction in the area.
16. CONTRACT AND SPECIFICATION
This Contract, including incorporated documents, constitutes the entire agreement of the parties. No other oral or written agreements between Pool Builder, LLC and Owner, regarding construction performed exist. This agreement shall be construed in accordance with, and governed by, the laws of the state in which the work is performed.
