Swimming Pool New Construction/Remodeling Agreement

Sub deck

Deco Drain

Paver

Coping

Waterline Tile

Step Tile

Spa Spillway

Mosaic

Surface

Heating System

Enclosure

Safety Barrier

Acknowledgement and Acceptance.

Acknowledgement and Acceptance. By accepting and initialing this Agreement, you agree that: (i) you have carefully read, fully understand and agree to all of the terms and conditions described in this Agreement, all accompanying documentation for the equipment and materials or samples specified and used; and (ii) you understand and agree that this Agreement constitutes the entire understanding between you and the Company, and that any prior agreements, commitments, or negotiations concerning the job and scope of the work to be performed are replaced and superseded.

1. TERMS AND CONDITIONS Limited Warranties – Contractor warrants its work to be free from defects in material and workmanship for a period of one year from the date of installation. IN THE EVENT CONTRACTOR CONTRACTS TO INSTALL WALKS AND DECKING, SAID WALKS AND DECKING ARE NOT WARRANTED AGAINST CRACKING, CHIPPING, RAISING, SETTLING, OR DISCOLORATIONS. PLASTER IS NOT WARRANTED AGAINST DISCOLORATION, STAINING, CHIPPING, OR CRACKING SINCE SUCH PLASTER DEFECTS GENERALLY RESULT FROM LOCAL WATER CONDITIONS, IMPROPER USE OF CHEMICALS, OR IMPROPER CLEANING OF THE POOL. All pool equipment and accessories installed as provided for herein carry a warranty as provided by the manufacturer of the same. When Buyer has work performed by others, Contractor does not warrant such work, and Contractor shall not be held liable for such work or for loss or damage which may result there from. Buyer shall notify Contractor of any alleged defects or breach of the above warranty within a reasonable time after discovery, in no event later than 10 days after discovery; such notice shall be sent to Contractor at its place of business set forth on the top of this contract. The above warranties are effective only if Buyer has complied with all terms and conditions, payments and other provisions of the contract. The warranties become void if: the pool is not kept full except for a 10 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; or if there was a transfer or change of ownership of the real property on which the pool is located. Defects or failures resulting from mistreatment or neglect by Buyer will be repaired or serviced at the 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 walls, Contractor does not warrant such work, and Contractor shall not be held liable for such work or for loss or damages which may result there from, or for delays to Contractor caused by such work. The sole and exclusive remedy of the Buyer and the obligation of Contractor for the matters set forth herein whether on warranty, contract, negligence, or strict liability, is the repair of the defect. Contractor shall in no event be liable for special or consequential damages. If excavation has not started 90 days from date of the contract for reasons beyond Contractor's control, Contractor shall have the right to cancel the contract upon notice to the Buyer.
2. CONTRACTS AND SPECIFICATIONS This contract constitutes the entire contract, and the parties are not bound by any oral expression or representation by any agent of either party purporting to act for or on behalf of either party or by a commitment or arrangement not specified in the contract. No extra or change-order work shall be required to be performed without prior written authorization of the person contracting for the construction of the home improvement or swimming pool. Any change order forms for changes or extra work shall be incorporated in and become a part of the contract. For such additional work so added to the contract, it is agreed that the total price under this contract shall be increased by the price of such additional work, that installments may be increased proportionally, and that all terms and conditions of this contract shall apply to such additional work. Both parties agree that the contract completion shall be extended 5 working days for each additional working day necessitated by the change order. If any provision (or portion thereof) of this contract shall be deemed invalid, it is agreed that such invalidity shall only affect such provision (or portion thereof) and the remainder of this contract shall remain in full force and effect.
3. RESPONSIBILITIES OF CONTRACTOR – CONDITIONS AND LIMITATIONS Contractor agrees to do all work provided in this contract in a 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 reasons beyond Contractor's control. The date of completion provided for herein shall be extended five (5) calendar days for each calendar day caused by any or all of the events referred to in this paragraph, up to and including the sixth (6th) day of delay. Thereafter, the date of completion shall be extended by one (1) calendar day for each calendar day of delay. Contractor is not responsible for damage to improvements and appurtenances located in or reasonably adjacent to the access routes or the pool sites, including but not limited to such items as curbs, sidewalks, driveways, patios, lawns, shrubs, trees, and sprinkler systems. Contractor is not responsible for damages caused by ground compaction by excavation equipment. Contractor is not responsible for flotation of pool. All pool dimensions are approximate with reasonable tolerance either way. The parties agree that Contractor shall have substantially completed performance in a good and workmanlike manner if all final surface dimensions are within 5% of the specified surface dimensions, and all final vertical dimensions are within 5% of the specified vertical dimensions. Buyer and Contractor agree that it is difficult and impractical to compute the actual damages in the event of a deviation in pool dimensions; therefore, Buyer and Contractor agree that liquidated damages for error by Contractor shall be computed as follows: $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 an inch for variance of more than 5% of the vertical dimensions of the pool specified herein (less 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 conditions, beyond Contractor's control, then Contractor and Buyer shall agree in writing upon attained depth with no penalty to Contractor. Upon satisfactory payment being made for any portion of the work performed, the contractor shall, prior to any further payment being made, furnish to the person contracting for the home improvement or swimming pool a full and unconditional release from any claim or mechanic's lien for that portion of the work for which payment has been made.
4. RESPONSIBILITIES OF BUYER If Buyer authorizes access to adjacent properties for Contractor's 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 and to hold seller harmless from any risks thereof. Buyer is required at his expense to do all construction and other acts necessary, and to meet all conditions necessary to allow seller to complete the work as provided In this contract. Buyer to furnish all soil reports if necessary. Buyer has directed the location of the pool and other improvements and equipment as shown on the attached pool drawing and where such location (or other location approved or directed by Buyer) is used there shall be no liability on the part of Contractor 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. Buyer shall furnish any necessary variance and associated permits or fees. Drainage beyond the pool site is to be provided by Buyer and is to meet city and/or county requirements. No grading will be done unless agreed upon by Contractor . 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 shall extend the completion date hereunder an additional 3 days for each late day. If the completion of the swimming pool is delayed by causes under Buyer's control for a period of more than 30 days, Buyer agrees to pay the increased labor and material, and equipment cost resulting from Buyer's delay. Approval of work by an inspecting governmental agency is deemed to be completion of that work in a workmanlike manner. The pool is deemed complete (for purposes of establishing a date of completion of construction) when plastered.
5. LEAK DETECTION AND REPAIR SERVICES Prior to Contractor arriving for leak detection or repairs, the pool must be full, clean, and clear to normal chemistry levels. Upon arrival of Contractor, should pool not be in this condition, Contractor can only perform a partial leak detection service. Should no leak be found after performing a partial leak detection service, Buyer will be charged for service call. Once the pool is full, clean, and clear to normal chemistry levels, Contractor shall return at no additional charge to perform a full leak detection service. Decks, tiles, landscaping, trees, irrigation, and decorative items removed to permit leak detections or repairs will be returned to the state prior to repair to the best of Contractors abilities. In the event that any of these items are damaged during repairs, Contractor shall not be responsible for sourcing replacement materials or for the cost of labor for their installation.
6. MATERIAL CONDITIONS FOR PERFORMANCE Unless otherwise specifically provided in the plans and specifications of this contract, Contractor has entered this contract based upon the following assumptions of facts: A. That Buyer will provide adequate access to Buyer's own property or through adjacent Property for Contractor's normal construction equipment to do the work, at no cost and with no liability to Contractor. B. That soil at and around the agreed upon pool site is compacted to at least 90 percent and has a bearing capacity of at least 1,000 pounds per square foot. C. That soil at and around the agreed upon pool site is not of such an unstable nature, and that water conditions are not of such a nature, so as to preclude construction and operation of the pool in a normal manner and normal expense. D. There will be no additional load condition that may be imposed on the pool structure by existing or proposed adjacent structures which will require extra engineering. E. There are no cesspools, septic tanks, gas lines, water pipes, sewer pipes, drainpipes, irrigation pipes, underground electrical conduit or other underground obstructions, which would require blasting, jack-hammer work, larger than normal excavation equipment or which would otherwise require work and give rise to costs in excess of what would normally be required. If any of the foregoing assumptions of fact are not true, Contractor may, in its option, terminate this contract with no further liability to either Buyer or Contractor, except that Buyer agrees to pay to Contractor the actual cost of all labor, materials, equipment, and permits already furnished and required to restore the premises. It is understood, however, that the parties may, by mutual agreement in writing, amend this contract to deal with such an event.
7. POOL SITE The term pool 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.
8. GRADING, DECKING, DRAINAGE, RETAINING WALLS AND FENCING Unless specified on the face of the contract herein, none of the following are the Contractor's responsibility and shall specifically be Buyer's responsibility: grading and drainage beyond pool site, decking, retaining walls and fencing.
9. PLUMBING AND UTILITIES Unless specified otherwise on the face of the contract, or on the plans, plumbing, gas, waste and water lines are not to be changed, and labor, materials and equipment necessary to relocate, reroute or replace sanitation, 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.
10 . ELECTRICAL SERVICE Unless specifically included, electrical work contemplates no change to existing service panels other than the addition of circuit breakers or fuse blocks to distribute electrical current to new outlets. Changes to existing wiring not included. ALL PANEL CHANGES ARE BUYER'S RESPONSIBILITY.
11. DAMAGE TO WORK In the event work already performed is damaged by any cause beyond Contractor's control and Buyer elects to cancel the work or the work is ordered terminated by public authority, Contractor shall be paid for such work, the amount agreed to in writing for such work, or if not so agreed, the cost price for such labor and materials plus 20% of such price cost. If the work is not cancelled or terminated, all work necessary to replace work already performed shall be considered additional work to be paid for by the Buyer in accordance with the preceding sentence.
12. ASSIGNMENTS IN SUB-CONTRACTS Contractor may assign or sub-contract all or any portion of the work to be done.
13. ARBITRATION OF DISPUTES If, at any time, any controversy shall arise between the parties with respect to any matter arising out of, or relating to this contract, the formation or validity thereof, performance thereunder of the breach thereof, which the parties do not promptly adjust and determine, said controversy shall be decided by arbitration administered and in accordance with the Construction Arbitration Rules of the American Arbitration Association then obtaining unless waived. This agreement to arbitrate rendered by the arbitrators shall be final and judgment may be entered upon it in any court having jurisdiction thereof. The locale and venue of any arbitration hearing will be determined pursuant to the laws of the state. This agreement to arbitrate shall not apply to the non-judicial exercise of the power of sale granted by Buyer to the trustee for the benefit of Contractor.
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY FLORIDA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION.

14. DEFAULT In the event of default by Buyer of any provision of this contract, Buyer agrees to pay all collection costs, and interest from date of default. Reasonable attorney's fees shall be awarded to the prevailing party In any action brought under this contract. Acknowledgment pursuant to Magnuson-Moss Federal Warranty Act: Buyer acknowledges that the sales representative for Hydropro Leak Detection, LLC has orally Informed Buyer that he has copies of the warranties for the warranted products being offered for sale. Buyer also acknowledges that he has been given the opportunity to Inspect the warranties at any time during the sales presentation. "Each Buyer acknowledges that: (1) Before signing this contract he received and read a legible, completely filled-in copy of this contract; (2) Upon signing, his copy was also signed by the parties hereto; (3) He received a copy of every other document he signed during the contract negotiations, including the attached pool drawing, prior to commencement of any work; (4) He has read all pages herein and any attached plans and specifications and agrees to be bound by all the terms and conditions herein contained; (5) Buyer further acknowledges that he has read and received an attached duplicate notice of cancellation, and had been told verbally of his right to cancel this contract.