B&T INSTALLATIONS ABOVE GROUND POOL INSTALLATION CONTRACT

    INSTALLATION CONTRACT

    The Installer is responsible for the proper installation of the swimming pool. The parties agree that each will assume the obligation and responsibilities set forth hereafter. Many matters have to do with your property and only you can make the decisions. We want to minimize the problems and be sure that you are satisfied.

    A. THE BUYER’S COVENANTS, WARRANTIES AND REPRESENTATIONS:

    1. OWNERSHIP AND ZONING: Buyer warrants that he owns and until the pool is fully paid for, will continue to own the premises where the pool has been or is to be installed; further, that there are no zoning limitations or building or deed restrictions preventing the performance of this Contract.
    2. PERMITS: The Buyer agrees to apply, pay for, obtain and deliver before construction begins, any necessary building and related permits.
    3. DELAYS: Installation price subject to change if Buyer delays agreed starting date for installation by more than fifteen (15) days.
    4. POOL LOCATION: The Buyer will stake out the location of the pool and is solely responsible for making certain that the location does not violate building restrictions such as setback, or side line guides, utility lines or other zoning, swimming pool or construction ordinances or regulations of the state or local authorities.
    5. ADDITIONAL CHARGES: The Buyer represents that the ground in the pool area may be excavated by tractor type back hoe and agrees that should hard pan, caliche, rock or other material, sand, water, water table or surface water or water seepage be encountered in the excavation requiring the use of stone base, pump, compressor or blasting material, the extra cost will be paid by the Buyer.
    6. SITE PREPARATION: Buyer will clear and prepare site for the pool, including removal or protection of trees or other vegetation, fences, pipes, or pipeline or other improvements affected by this construction. If Buyer desires that such work be performed by the installer, the costs of labor and material required will be paid by the Buyer. Should quicksand be encountered, all operation shall cease and this Contract shall be cancelled and Buyer will assume and pay all costs incurred by Installer to date.
    7. ACCESS: Buyer will provide access to the pool site for delivery of the pool and necessary equipment, including a tractor type back hoe and necessary adjustments and
      the Installer shall not be responsible for any direct, consequential or incidental damages incurred through the use of such access.
      1. WATER: Buyer will fill the pool with water in stages required for construction. Any delays will result in an additional charger at the hourly rate of $35.00 per hour.
        Buyer is responsible for all necessary plumbing.
      2. If pool must be drained due to installation error, water will only be removed at city water prices, and or no more than $350.00.
    8. KEEP POOL FILLED WITH WATER: The buyer will keep the pool filled with water at all times and will comply fully with the Installations Manual. NOTE: THE WALLS WILL COLLAPSE IF WATER IS DRAINED OR IN ANY WAY REMOVED FROM THE POOL.
    9. ELECTRICITY: Buyer will provide for and pay all cost of electrical wiring and grounding.
    10. ACCELERATION OF PAYMENT: In the event that the Buyer transfers or encumber the premises upon which the pool is installed or any part thereof, or should said premises or any part thereof be destroyed or damaged by fire or otherwise, or the Buyer shall default in the performance of their obligations under this Contract, the entire unpaid balance hereunder shall become due and payable forthwith.
    11. INSURANCE: Buyer shall be responsible for and carry liability insurance for any consequential or contingent damages including but not limited to any damage or injury to any person or property other than the gross negligence of Installer or Installer’s agents.

      TO BRIEFLY SUMMARIZE, the following items shall be supplied by and/or shall be the sole responsibility of the Buyer; location, grading, fill, charge of grade, landslide, settling of land, landscaping, concrete work, side-walks, fencing, lawns, shrubbery, driveways or patios, electrical wiring and grounding, drains around the pool area, plumbing, building permits, zoning and zoning changes.

    B. INSTALLER’S COVENANTS, WARRANTIES AND REPRESENTATIONS:

    1. INSTALLATION: Installer agrees to install the swimming pool in a good and workmanlike manner subject to the fulfillment of the Buyer’s responsibilities under this Contract.
    2. LIMITED WARRANTY:
      1. Installer warrants the swimming pool installation job against defects in installation for a period of ninety (60) days from the date of the original completion of the installation of the swimming pool.
      2. This warranty extends to the original pool owner only.
      3. No claim may be filed under this warranty and no obligation to make adjustments hereunder will accrue while the Buyer is in default of payment or other responsibilities set forth herein.
      4. The swimming pool and all materials, assemblies or units such as filters, liner, heater, pumps, motors, etc. and standard fittings or accessories purchased by the Buyer for use in connection with the swimming pool are subject to and carry the manufacturer’s warranty only.
      5. Sand and pool cushion bottoms for pools will have some distortions such as lumps, waves and slight wrinkles in the liner due to the nature of your ground. The Installer is not responsible to warrant such occurrences.

    C. EXCLUSION OF WARRANTIES: THE WARRANTY CONTAINED IN PARAGRAPH B.2(a). ABOVE IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    D. REMEDIES: The Buyer’s sole and exclusive remedy against the Installer shall be for the repair of any defect in installation as provided for above. No other remedy, including, but not limited to, incidental or consequential damages shall be available to Buyer.

    E. FORCE MAJEURE: The period of time during which the Installer is delayed or prevented from installing the swimming pool due to circumstances beyond its control, including but not limited to, labor disputes, fire, explosion, floods, acts of God, breakdown of machinery, governmental prohibitions or regulations, inability or difficulty in obtaining materials, inclement weather conditions or other conditions beyond the Installer’s control shall be added to the Installer’s time for performance, and the Installer shall have no liability by reason thereof.

    F. COMPLETIONS OF INSTALLATION: Use of the swimming pool by the Buyer, his family or guests shall constitute conclusive evidence that the swimming pool is in all respects satisfactory and that the installation has been fully and satisfactorily completed.

    G. NO REPRESENATIONS: This contract constitutes the final expression of the agreement between Buyer and the Installer and is a completed and exclusive statement of that agreement. All prior dealings, conversations, negotiations, agreements and understanding of every kind, nature and description have been merged and are superseded by this Contract, and no representations, warranty or understanding of any kind exists or shall be binding on either party unless incorporated in writing in this Contract.

    I HAVE READ THIS CONTRACT AND AGREE TO THE ABOVE TERMS AND CONDITIONS. FURTHER, I HAVE BEEN ADVISED AND AM FULLY AWARE THAT DIVING OR JUMPING INTO THE SWIMMIMG POOL IS DANGEROUS AND CAN RESULT IN SERIOUS INJURY AND I WILL WARN THOSE USING THE SWIMMING POOL OF THIS DANGER.

    IN WITNESS WHEREOF, and intending to be legally bound hereby the parties hereto have executed this Contract the day and year written opposite their names below.