From my contract:
3.3 Warranty. Except as otherwise described in this Contract, Contractor warrants the Work to be free
from defects in material and workmanship for a period of two (2) year from the date of Substantial
Completion. Contractor further warrants that the pool’s Gunite/Shot-Crete structure will remain structurally
sound for (5) five years from the date of Substantial Completion, the term “structurally sound” meaning that
the pool is capable of retaining water. Contractor further warrants any concrete decking to be free from
structural defects for a period of one (1) year from the date of Substantial Completion, and Owner
acknowledges that all concrete products are not warranted for shrinkage cracks, chipping, or shifting. All
structurally-related warranties are non-transferable. All pool equipment and accessories installed as
provided for herein are warranted by the manufacturer per the Contract Documents. Pool lights carry a three
(3) year manufacturer warranty; however, the bulbs, other wear and tear items, electrical plugs, (gfi) breakers
are only warrantied for ninety (90) days. Pool and spa jets are not guaranteed to have equal pressure flow
of water and or air bubbles. THESE WARRANTIES ARE THE ONLY AVAILABLE WARRANTIES—ALL
OTHER WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. The
above warranties are effective only if Owner has complied with all terms and conditions, payments, and other
provisions of the Contract. Contractor’s warranty excludes remedy for damage or defect caused by abuse,
alterations to the Work not executed by Contractor, improper or insufficient maintenance, improper operation
(including the failure to maintain adequate water levels in the pool), normal wear and tear under normal
usage, earth or fill ground movement, acts of God, war, riot or other civil disturbance, or acts of others. Owner
shall notify Contractor in writing of any alleged defects or breach of the above warranties within a reasonable
amount of time after discovery and in no event no later than fifteen (15) days after discovery and the failure
to timely notify Contractor shall waive Owner’s rights under the warranty. Such written notice shall be sent
to Contractor at Contractor’s place of business: . The sole and exclusive remedy of Owner and the obligation of Contractor for the matters set forth
herein whether on warranty, contract, negligence, or strict liability, is, at Contractor’s election, the repair of
the defect or a refund to Owner the part of the Contract Price attributable to the non-conforming/defective
part of the Work (as determined by Contractor). A diagnostic fee will be charged by Contractor for each
service call to determine the problem and offer a remedy.
Owner Warranty Acknowledgements. Owner makes the following acknowledgement regarding
items excluded from Contractor’s warranty and other issues relevant to the Work: (a) Owner acknowledges
that stone is a natural product and is therefore not a warrantable item, and Owner acknowledges that it may
expect imperfections in the stone. (b) Owner acknowledges that mastic joints and grout for stone work are
expected to show signs of wear, such as cracking, which is to be considered normal and not warrantable;
(c) Sealing stone is to be done at Owner’s risk; (d) Owner acknowledges that plaster and tile line is not
warranted against discoloration from local water conditions, improper use of chemicals, or improper cleaning
of pool; (e) Owner acknowledges that all plaster is expected to show signs of “mottling” over a period of time,
which is to be considered normal; (f) Owner acknowledges that plaster carries a manufacturer warranty and
its length varies depending on the product selected; (g) Owner acknowledges that concrete, mortar, deck
toppings, tile, coping, mastic joints, colored plaster, and pebble finishes have no warranty or guarantee as
to final coloring; (h) Owner acknowledges that the freeze guard devices which are intended to activate the
pumps at or near freezing temperature, are not in itself assurance that the pool, water, or equipment will not
freeze causing damages; (i) Owner acknowledges that damages due to freezes (such as RPZ devices
installed for automatic pool water leveling) or power outages are not warrantable; (j) Owner acknowledges
that the automatic water fill, if applicable, is not in itself assurance that the pool water leveler will not operate
causing damages; (k) Owner acknowledges that any raised area of the pool /spa above natural grade may
show signs of efflorescence, sweating, shrinkage cracks, or other discoloration due to the nature of concrete
and is to be considered normal;(l) Owner acknowledges that It is Owner’s sole responsibility to monitor
conditions, inclement temperatures and to control proper water level in the pool; (m) Contractor is not
responsible for floatation of the pool after completion; and

Contractor is not responsible for deck settling
lines, pool settling lines, concrete shrinkage cracks of any kind, discoloration of deck or stone finish. (o)
Owner acknowledges that there is no guarantee for grout joints to be even or identical between materials
veneered, coping on pool, or any other material set vertically or horizontally. (p) Once an RPZ device is
tested and certified by a third-party inspection company as operational, no warranties apply to leaks that
occur due to debris caught in the device or freeze damage of any kind.
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