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Terms & Conditions
The Property Owner affirms their lawful ownership of the premises where the swimming pool construction will occur. They undertake to indemnify the Contractor against any claims by third parties arising from discrepancies in ownership. The Property Owner shall ensure unhindered access to the premises and reasonable access to the Contractor's equipment and materials. Although ownership of materials transfers to the Property Owner only upon full payment of the contract price, all associated risks transfer to the Property Owner upon delivery to the premises.
The Contractor will endeavour to place materials and excavated matter in suitable locations, taking into account the access provided by the Property Owner.
The Property Owner is responsible for supplying, at no expense, all necessary water, electricity, and toilet facilities required by the Contractor.
Before work commencement, the Property Owner must submit a deposit as specified in the contract or, if unspecified, an amount equivalent to 70 percent of the total contract price, unless stated otherwise. The remaining balance is due upon completion of the final surface coat.
The Property Owner is prohibited from withholding payments owed to the Contractor or offsetting any amounts for any reason. Failure to make timely payments will result in forfeiture of any offered discounts without diminishing the Contractor's legal rights.
The Contractor retains the authority to remove, without prior notice, any items supplied or installed under the contract or any additional agreements, regardless of whether they have been permanently fixed.
In the event of contract termination or pursuit of specific performance by the Contractor, interest at a rate of 15% per annum may be claimed on any outstanding amounts.
The Property Owner can only cancel this contract before work commencement only with the Contractor's written and signed acceptance of cancellation. In such cases, the Property Owner must pay 30% of the contract price as agreed upon liquidated damages or an alternative penalty.
Provided that the Property Owner has promptly fulfilled all contractual obligations deemed essential, and subject to other relevant clauses in this contract, the following warranties will be effective from the date of final payment to the Contractor:
The warranty for the pool lining extends for the duration specified in the contract or for 12 months if unspecified, except in cases where damage is due to pre-existing abnormal conditions of the pool structure or substrate.
A manufacturer's 24-month warranty covers the filter tank. Plumbing work and piping are guaranteed for 3 months against faulty workmanship.
A manufacturer's 24-month warranty protects the motor and pump.
Paving work and copings are guaranteed for 6 months against failures, excluding hairline or expansion cracks.
All pipework carries a 3-month workmanship warranty.
The guarantees are limited to addressing defective materials and workmanship and exclude damages resulting from various factors, including Acts of God, negligence, and certain pool lining imperfections.
The Property Owner is responsible for maintaining proper chemical treatment of the water within specified parameters.
(Parameters are as below:
Chrlorine Target – 1 to 3 parts per million
Alkaline Target – 80 to 130 parts per million
Calcium Hardness – 250 to 450 parts per million
Iron Content – 0
Fibreglass PH Level – 7 to 7.2
Marbelite PH Level – 7.2 to 7.6)
Guarantee claims must be submitted in writing to the Contractor within seven days or as soon as possible after the issue arises.
Guarantee terms will be voided if the pool is emptied without the Contractor's prior written consent or if the guaranteed item is tampered with or repaired by unauthorised parties.
Failure to make progress payments or payments by the due date constitutes a breach of contract and will result in the withdrawal of provided guarantees.
Guarantee claims are assessed proportionally.
Additional work beyond the contract scope will incur extra costs, determined by prevailing rates or mutual agreement.
Unforeseen circumstances affecting cost or duration may lead to contract termination or adjustments, with the Owner responsible for incurred costs.
Delays caused by factors beyond the Contractor's control do not grant immediate termination rights to the Owner.
Pool emptying carries inherent risks and signifies completion acceptance by the Owner.
The Contractor is not liable for defects arising from pool treatment with certain substances.
Minor deviations in pool dimensions and material quantities are expected.
The premises where work occurs serve as the official address for contract matters.
Signing representatives of corporate entities are personally liable for contract obligations.
This contract represents the entire agreement between the parties involved, and no guarantees or representations hold any validity unless explicitly stated within this contract. Any changes or mutual cancellations must be documented in writing and signed by both parties to be considered valid.
Concessions granted by the Contractor do not waive contractual rights.
Each term is severable, and the unenforceability of one term does not affect others.
In this contract, references to the Contractor encompass Contractor affiliates, and gender-neutral language applies where appropriate.
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