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<br />The P.urC:haser agrees to supply the Contractor with the suitable water for original construction, warranty work, cleanup and for filling as required; and
<br />will further supply 110 volt electrical outlet for the Contractor's use adequate to operate electrical equil9ment utilized in 'construction (20 amps), and make
<br />such outlet 'available to the Contractor for his use when on the job.
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<br />UTILITIES
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<br />EARTH HANDLING AND DRAI~AG'E
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<br />All excess excavated material shall be removed from the job site by the Contractor unless specified in the contract documents before start of excavation.
<br />The Purchaser agrees to assume all responsibility for excess excavated material left on the site ai his request. No grading except in the immediate pool
<br />and deck area is included unless spelled out specifically in the contract documents.
<br />When drainage of the Purchaser's property requires filling, cutting or establishement of new grades beyond the construction work built by the Contractor,
<br />this shall be considered the Purchaser's responsibility and the Contractor held harmless by him for claims of direct or consequential damages from
<br />run-off, standing water or flooding of the Purchaser's or contiguous properties.
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<br />CONTRACT DOCUMENTS
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<br />Plans, drawings, specifications, warranty and proposal, when submitted by Contractor together with this contract, shall form a part of this contract
<br />along with any change orders executed as described on Page 2. In case of conflict between the terms and provisions of other contract documents and
<br />this contract, the terms of this contract will prevail.
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<br />ORAL AGREEMENTS
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<br />All agreements between the Purchaser and the' Contractor must t.~ in writing" d signed by both parties. This contract along with additional documents
<br />described above constitutes the entire agreement between the parties, and neither party shall be bound by any statements, representations, or oral
<br />expressions by any agent or person purporting to represent or act on behalf of either party.
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<br />GENERAL TERMS
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<br />This contract shall be binding upon and inure to the benefit of the executors, administrators, assigns and legal successors of the parties hereto.
<br />Should any part of this contract be declared invalid for any reason, such decision shall not effect the validity of any remaining portions and shall remain
<br />in full force and effect, although the invalid portion has been eliminated.
<br />In the event that any of the Purchaser's representations herein as to real property prove to be untrue. and as a result of relying thereon, the Contractor
<br />,is put to unusual expense, the Purchaser agrees to pay the Contractor the full amount of any additional expense, in addition to all other payments called
<br />for, at the time of final payment.
<br />The Contractor expressly denies any responsibility or liability for incidental or consequential damages arising out of or as a result of the use or
<br />owmership of this swimming pool.
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<br />CONTRACTOR'S RESPONSIBILITIES
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<br />The Contractor agrees to supply the materials and labor necessary to perform the work described in the contract documents in a workmanlike manner.
<br />The Contractor agrees to work with all other trades on this job regardless of their union or non-union affiliation, The Contractor assumes no responSibility
<br />for the refusal of other trades to work with his mechanics and employees.
<br />Contractor shall have in force during the entire period of construction liability insurance to the limits of at least $100,000 per person and $300,000 per
<br />occurence.
<br />Contractor will carry workmen's compensation insurance for the protection of Contractor's employees during the progress of work, Contractor shall
<br />not be responsible for injury to Purchaser, his employees or for persons under the Purchaser's direction or other persons at the job site at the Purchaser's
<br />express or implied invitation.
<br />The Contractor shall regularly remove trash and construction debris from the Purchaser's premises. Upon completion, the site shall be free from
<br />construction material, decks and patios shall be broom clean, the pool shall be vacuumed, tile and equipment wiped clean and all equipment placed in
<br />operation.
<br />Ruts left by equipment will be filled and raked level. No sod replacement, reseeding or replacement of shrubs and landscaping material shall be
<br />provided by the Contractor unless specifically spelled out in this contract.
<br />The Contractor will not substitute any accessories or equipment specified in the contract documents unless that equipment or accesory is of equal
<br />quality or better, and has the same functionalability, useabilty and utility.
<br />The Contractor warrants that his work will meet or exceed applicable building Codes.
<br />The Contractor agrees to pay the cost of all labor, materials, supplies and any subcontract work used to construct fhe work described in the contract
<br />documents and shall hold the Purchaser harmless against liens or other claims from workers and suppliers, unless Purchaser fails to make full payment
<br />of contract and change order amounts.
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<br />ELECTRICAL
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<br />When electrical wiring of pool equipment is included in the contract, the Contractor shall install such work according to local electric codes and Chapter
<br />680 of the current National Electric Code. Items such as remote switching, area lighting, convenience outlets, relocation of overhead or underground
<br />wires and conduit or increasing the size of the Purchaser's electric service or main panel will be consIdered as extra work and shall be at the Purchaser's
<br />expense.
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<br />HEATER INSTALLATION
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<br />'Heater(s) supplied by the Contractor shall be Installed and plumbed in place by him. When Included in the contract electric heaters shall be wired to
<br />power supply, except that upsizing of existing service or panels (when required) shall be at the Purchaser'" expense.
<br />Fuel supply and hOOk-Up of tanks, as well as stocking and venting of gas or 011 fired heaters according to applicable codes and laws shall be the
<br />responsibility of the Purchaser.
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<br />THEFT, VANDALISM AND DAMAGE TO WORK
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<br />The Contractor shall not be liable for repairs or damages to any pan of the pool work or equipment resuhing from natural causes of an act of God
<br />such as earthquakes, hurricanes, inundation, ground motion or natural settlement.
<br />The Contractor shall not be liable for repairs to work nor replacement of equipment from damages caused by neglect, negligence, willful acts, third
<br />parties or damage resulting from other construction in the pool area or theft or equipment, components or materials installed or stored on the job site by him,
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<br />ATTORNEY FEES AND COLLECTING COSTS
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<br />Should services of an attomey be required by the Contractor to collect sums due by virtue of the contract or for the enforcement of any provision of
<br />this contract, including but not limited to anticipatory breach of this contract or altematively, arising out of any claim made against the Contractor by the
<br />Purchaser, then, in such event, If the Contractor Is successful In the recovery of any such sums or does successfully avoid any of the relief sought by
<br />the Purchaser against the Contractor, the Purchaser agrees to pay reasonable attomey's ff;les and all other cost of defense thereof incurred by Contractor.
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