Residential Pool Installation & Service
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:
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:
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.