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j ~ ~ ~ ~ ~ ~ ~ !!:: . A separate instrument warrantying the work performed under this contraC1 may be provided to the Purchaser, and il shall be considered a pan of the contract documents. LIMITED WARRANTY The CONTRACTOR warrants ItS work to be free from detects in material and workmanShip and to perlorm satisfactorily tor a perioa of one year a1ter completion date or the POOl is In use. and if any SUCh defects should appear Within such time. shall remedy sa~e without .cost to the PURCHASER ~rovided said purChaser has compiled in full with the terms of payment and other Conditions of thIS contract. PURCHASER S failure 10 make full paymentS to CONTRACTOR according to the contract and work orders shall VOid this warranty Purchased or assembled ac:essones and equipment installed under this contract carry manufacturers warranty and CONTRACTOR neither warrants or guarantees such equipment beyond or in . excess of manufacturers warranty and servicing or replacement of such items snail be cnarged for if they exceed tne limits of said manufacturers warranty. Defects or failures caused by obVIOUS mistreatment or neglect shall be repaired or serviced at PURCHASER'S expense, The c:oncme structure (shell) carries a twenty (20) year warranty that it shall perlorm satlsfactonly during that time. This warranty becomes VOId when original purchaser sells or leases described prooeny. ANY IMPLIED WARRANTY ARISING BY OPERATION OF STATE LAW IS LIMITED TO THE DURATION OF THE ONE YEAR WARRANTIES HEREIN CONTAINED. ~ --- - -- - -- ~--- -----y~--- ---- ---- ...-- -"" - --~ DEFINITIONS The pool structure shall be considered to "PERFORM SATISFACTORILY-or be "STRUCTURALLY SOUND" so long as it is capable of containing water and is free from leaks (eXClusive of evaporation 1,S" to 3'16" per day). POOL SHELL or POOL STRUCTURE is the concrete work which encases the steel reinforcing bars, Interior finishes are not pan of the shell. POOl equipment which perlorms the function for which it was designed shall be conSidered to 'PERFORM SATISFACTOAIL Y: DECK AND PATIO WORK shall be deemed to mean all concrete. tile and masonry work done in connection with the pool decks such as footings. retaining walls. steps. pilasters. cures. ete. MarCile or marblelite when used as !he WHITE INTERIOR FINISH shall be a mixture of white cement and' ground marele with appropriate cement additives and shall be trowelled smooth and dense. Aggregate shall be 'run of the quarry- with a proponionate amount of off-while paniCles. and the subsequent "while" finish will be subject to surlace diSCOloration depending upon the amount of COlor in Ihe aggregate used. LIMITATIONS No warranty extends to any pan of the pool. equipment or appunenances when failure or defect is caused by any at the following conditions or events: Abuse; lack of reasonable care: lack of necessary maintenance: improper operatIon: vandalism: acts of God: normal wear and lear. FreeZing of water left uncirculated in plumbing lines. filters. pumps, fixtures or other equipment. Substitution. replacement or addition of equiprnenh1 ;,tit originally installed nor expressly authonzed by the Contractor which might effect the operation or use of the pool. Repair or service of the poot or equipment by unauthorized panies which results in damages to or failure of Ihe equipment. Water from external sources or flooding which might damage the pump or motor, Cracking. checking. peeling. separation, erosion, pitting, discoloration and staining of the deck finish caused by use of improper chemicals in the cleaning of the deck. Subterranean or surface erosion caused by excessive water from acts of nature. outside sources, under or around the poot or deck structures, Heaving of deck or pool as a result of the growth of tree roots or other outside for ~es beneath the structure, Draining of the pool for repair or maintenance without proper safeguards against hydro-static pressure. Power surges to electrical equipment from transmission lines or lightning, CONDITIONS The pool and equipment shall be used in a normal and reasonable manner and operated in accordance with the instructions provided by the Contractor and the equipment manufacturer. EXCLUSIONS hems of equipment which require nonnal replacement from time to time such as light bulbs, lenses. gaskets. pump seals, whip hoses. etc.. are not to be construed as replacement uncIer warranty. Stress cracking in the decks and patios Whether from diumal heating. shrinkage or other caus~nless such cracking or off.setting exceeds the acceptable limits set forth in ....Inirnum Residential POOl Standards. Any stains. discoloration, streaking, mottling or shading which occur to the interior finish of the pool after It is filled with water and chemically treated. shaD not be construed as defective material or poor workmanship by the Contractor. . Cracking, peeling, separation, staining, diSCOloration. streaking, mottling or shading of the marcite finish which occurs AFTER THE POOL IS FILLED WITH WATER and chemical treatment begun, shall not be construed as defective workmanship or materials on the pan of the Contractor. CLAIM PROCEDURE Normal warranty complaints should be satisfied by the Contractor after verDal notification by the Purchaser. however, to Insure perlormance of the Contractor, warranty complaints should be made in writing and mailed or delivered to the Contractor's principle place of business shown at the top 01 PagL 1 of this contract. ~ ~--------. RCH