|
<br />:I-__':",_,~",~.:'\.:=:.o.-~_'-~
<br />
<br />r:?]
<br />~,.
<br />
<br />J.E. Green
<br />Residential Swim Pool
<br />
<br />Phone.813-390-5394
<br />Pager 271-1013
<br />Lie #RP0066623
<br />
<br />NATIONAL
<br />"A a POOL
<br />IN,TITUTE
<br />
<br />STANDARD RESIDENTIAL
<br />SWIMMING POOL CONTRACT
<br />NSPI, TAMPA BAY CHAPTER
<br />
<br />This contract made as of the date of written acceptance by the member builder listed above
<br />hereinafter termed "Contractor" and the party named below, hereinafter termed. Purchaser:"
<br />
<br />PlJRCHASER4 d-~r / ~ "t.~p $#t'h- Ph. HOME
<br />MAILING ADDRESS Ph. BUS
<br />
<br />ZIP
<br />
<br />Cootra<:tor ayrees to construct a swimming pool and appurt
<br />
<br />;a9,fJ/
<br />
<br />ances the~s herE)inafter provided by the pia
<br />;a.. LEGAL ,
<br />
<br />INSTALLATION ADDRESS
<br />
<br />
<br />
<br />POOL SHAP
<br />PERIMETER
<br />
<br />
<br />lit WATER AREA sit
<br />
<br />tt. NSPI TYPL____
<br />
<br />MAX WIDTH /3
<br />
<br />/If DEPTH:_~tt. to
<br />
<br />Underwater lighting / d trtJP..hU";l.
<br />Main draio.--2 22.
<br />Dec~&4. ft. ar~ 23.
<br />Deck drainage ,V~ L}/t.Jf/ ;vi, 24.
<br />Ladder/Grabrails ~ 25.
<br />Step~ I.
<br />O','og Bd. & "'''';vJflI/ ::
<br />Slide. 28.
<br />29.
<br />
<br />/
<br />
<br />1. ""~1"7~
<br />
<br />:::7:: .~~
<br />
<br />4. Method of chlorination /. W
<br />5. SOOace skimmer i/ (9 J
<br />6. Baekwuh disposal .. /V / /T
<br />7, Piping & inlets / ~ f;-
<br />8. TM-rafIY iet'- ;1//
<br />9. ~ 7 3 Col~J2AL~"
<br />10. Intertodlnish /;:J;1?2~ '
<br />
<br />Timer
<br />Test kit_ /
<br />-.--. ----'--"", ---7-.----
<br />
<br />Vacuum head-L._ Vac. hose_~
<br />Brush_,L..._Leaf net__c'__~
<br />Adjustable POle_../ --=3:-". ._u
<br />Startup chemiCals._?-/ er . _.__ ___
<br />Heater_#ff~Tlf__ -Type7/-;-
<br />Automatic cleanK?/tt'/lYP ?//~_
<br />Love seatdl/,/J Bench~__.
<br />/1/,/#.
<br />
<br />11.
<br />12.
<br />13.
<br />14.
<br />15.
<br />16.
<br />17.
<br />18.
<br />19.
<br />20.
<br />
<br />
<br />GFI_
<br />
<br />30. Swimout
<br />
<br />AddItional Proviaions
<br />
<br />TERMS
<br />Unless specially ~reed and set forth herein, Purchaser hereunder agrees to m e pr09ress payments based on the total price set forth in this contract, to the
<br />
<br />Corn":~::;:'CE'~ 1)36 ~k~~5k
<br />
<br />10'*' ()()wn payment
<br />5O'llt When rough shell is in place
<br />~ When plumbing is completed
<br />5% V't'tlen pool is completed, ready for interior finish
<br />
<br />()-
<br />8
<br />
<br />CQnatructlon pr09reu may be arrested between billing and receipt of payment for each phase of construction.
<br />
<br />NOTICE TO PURCHASER
<br />DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF PERTINENT INFORMATiON is MISSING FROM BLANK SPACES.
<br />C\ Thia ie a homesoll<;itation sale. If you do not want the goods or services contracted for, you maycancel this agreement by mailing a notice to the seller. This notice must
<br /><....J indk:ete that you do not want the goods and services and must be postmarked by midnight the third day after you signed the agreement.
<br />1
<br />...:9
<br />U
<br />
<br />This cDntracr shall blldellmed an offer to the Contractor and shall be null and void unless accepted by a duly authorized officer of the Contrlctor wirhin fifteen days of the date
<br />and y.ar noted above the Purchaser's signatures. The salesman has no authority to bind rhe Contrlctor. All agreements and understandings are contained in rhis contra ct and
<br />lh. PtirchIS er warrants thl/lhereare no agreemments or understandings other than are set forth in this dccument. Acceptance of the terms of this contrBCt by Contr.ctor is to
<br />h communicat,d to /he Purch,ser by transmitting a copy of lhls contract to them shOWing accept,nce by the sellers by the execution of a duly authorized officer of the
<br />C~""~'" ~mm."""" ,oo"N"ioo. ,
<br />
<br />DAT~ t-&"& il' j~(j (,., PURCHASER f': L ti t;;j
<br />I II /~ . ~.
<br />SUBMITT D BY PURCHASER ~t;n.-'T.t--c~-.? ~ -:>..n~c.~:o
<br />
<br />Date OWNER
<br />If purchasers are husband and wife, both must sign, If owner is different from purchaser, owner must sign.
<br />PURCHASER(S), BY SIGNING ABOVE, ACKNOWLEDGES AND AGREES TO ALL THE TERMS AND CONDITIONS ON ALL PAGES OF THIS AGREEMENT EVEN
<br />THOUGH SPACE LIMITATIONS REQUIRE THAT SOME ARE PRINTED IN SMALLER TYPE.
<br />
<br />ACCEPTED BY
<br />
<br />
<br />TERMS AND CONDITIONS
<br />
<br />COMPLETION
<br />
<br />Completion date shall be designated as the date that work set out in this contract has been done and the interioftinish has been applied, and the pool is ready to fill with wltllfor l.I&e of the
<br />pool which shall serve as final completion and acceptance by the Purchaser.
<br />The Contractor shall substantially complete the pool (ready for marcite) within _ working days from completed excavation date. Days loat due to fire, rain, windatorm, flood,
<br />inspections, material shortages, acts of God, holidays, work changes, Purchase(s agent, third party WOfk on the job or failure 01 Pu~haser to make progress payments II l<;jreed ahlll be
<br />added to the construction time.
<br />
<br />Unfess spe<:ifically staled elsewhere in this agreement. there shaH be no penalty Of' award clauses in the contract.
<br />
<br />PAYMENTS
<br />
<br />i
<br />
<br />Progress payments are due 5 days alter billing date Late charges 01 , 'h% per month on the unpaid balance will be added on all accounts not paid In accordance with tenne. Thll C~jl
<br />amounts to 18% per annum.
<br />
<br />CHANGE ORDERS
<br />
<br />A surcharge of $50.00 will be made for each changa. deletion or addition to/from this contract or the drawings after acceptance by the Contractor. Such wOO changes shan be .uthorlzK
<br />by a written work order. signed by the Purchaser and the Contractor, at a mutually agreed price. Charges for such items shall be due and payable before application oflntllfiof llnlall.
<br />
<br />DELAYS
<br />
<br />The Contractor agrees to begin construction in a reasonable time after acceptance of this contract and after obtaining all necessary permits from government authorities. (fees charged
<br />for plan submission to zoning or variance boards. arcMectural committees, homeowner associations and such will be borne by the Purchaser.) The Purchaser and Contractor both aogrH
<br />to exercise diligence in obtaining all such permits and approvals.
<br />
<br />In the event.Nork on the peol cannot be commenced within 45 daY1l of the contract date or if construction delays occur between phases which are beyond the control of the Contractor
<br />(excluding ce.., home cons:ruction), the Purchaser agrees that the contract price of the uncompleted work will be increased at the rate of 1 percent for each 30 days of delay.
<br />
<br />SITE WORK
<br />
<br />Unless stipulated elsewhere," the contract documents, the Purchaser shall be responsible 10< the removal or protection of trees.landsulping, vegetation, underground utilities, Irrigation
<br />pipes, or existng :rnprovef".ecls which might be in the space to be used fo< the construction work or access, and agree8 to pay the Contractor all Ildditional costs incurred as a result cIlhe
<br />Purchaser's failure to so prOVide
<br />
<br />ACCESS
<br />
<br />Purchaser Will provide adequate access through his own property or through adjacent property fo< all men, material and equipment 88 reQu~ed to perform this contract including but not
<br />Hmited to excavation. hauling, concrete mixing and pumping and delivery vehicles o. equipment. Purchaser shall obtain written permission of adiacent property owner for ingress and
<br />egress of Contracter and mateflal and equipment during the construction. il necessary; and agrees to be respol"\Sible and hold the Contracto. harmless and indemnify him fo< any 106a,
<br />injury or damage resu~ing to adjacent property owner for any reason. The Purchaser shall be responsible for dam894l to lawns. shrubs, flowers, troos or landscape material resulting lfom
<br />the co[)struction work under this contract unless otherwise agreed to by Contractor elsewhere in this contract
<br />
<br />FENCES
<br />
<br />Un~ess otherwise stipulated In the contract, the Purchaser shall be responsible lor the cost of removal and re-erection of fence 8, gates, ornamental walks and such as necessary for&eeeSS
<br />of eQuipmoot Ii) the pool site.
<br />
<br />Compliance with local fence laws shalt be the responsibility of the Purchase..
<br />
<br />DRIVEWAYS AND WALKS
<br />
<br />Wl1en the agreed access for any construction equipment such as excavators, dump trucks, concrete tl\lw. pumpers. delivery vehicles and ~herCfosses curbs, drives o.walks serving the
<br />Purchaser's property. repair 0< replacement 01 such improvements must be agreed upon prior to construction. and the cost of such wOO included in the contract II the Contracto< is 10
<br />repair such imprcvements. 11 the cost of such repair work is not included and so stipulsted, the Pu~haser shall be responSible for damage which might occur during construction and hold
<br />the Contractor harmleu fOf any claims for such repairs.
<br />
<br />LAYOUT AND EXCAVATION
<br />The swimming pool and related improvements and equipment shall be construC1ed upon the land and in a location upon such land U 8hown in th.-contract documents and agreed 10 ~the
<br />Purchaser. Even though the Contractor may assist in locating the pool and related work, the Purchaser warrants that ha is familiar with the location of his property line, easemanta.
<br />setbacks and deed restrictions, and that th,e peol work agreed upon is within such boundaries and does not violate setbacks 0< clearance "om P<Jblic utilities required by local, State or
<br />National Codes. The Purchaser agrees to indemnify and save harmless the contractor from any suits, actioN, claims of Pu~haser or third p&rty for the location of said pool WQf1( byttle
<br />Contractor in the place approved by the Pu~haser.
<br />
<br />OIJe to the inability of either Pu~haser or Contractor to anticipate unusual subsurface conditions, it is mutually 8<;jreed that in the event the Contractor in excavating ,he pool ohelt
<br />encounter pipes, condu~s, sewers, grease traps, cistems, tanks, mass concrete, tree stumps, hardpan, or 01 her ob8tructlont I'IOtlpperenl from tha surface which m~ht reQUife bbsti/l;,
<br />iackhammering or rippertooth type equipment or other than normal excavating equipment for removal, the Purchaser shaU iOdemnify the Conlractor for increased costs incurred by him
<br />plus 15 percent overhead Ind 1~ prolit.
<br />
<br />Relocation of sewers and utii~les shall be at the Purchase(s expense.
<br />
<br />;r,. excavation coat is based on a mutual assumption that low denaity soil or muck which should be removed and r~~wrth n....fill and ~tlocompectiondoes notexiet '" ttla area
<br />ri the pool excavatioo. The Purchaser s/1all indemnify the Contractor for extra expense to remove and repl_ such material plus 15 pe~ overhead and 1~ profit.
<br />
<br />;r,e Contractor agreea to provida dewatering devices as required to koop the pool excavation dry during construction; however, when extreme ground ...aterconditiona are encowMer.ct
<br />wtlich require dewatering in excess of 3000 gallons per hour, cost for additional WOfk and dewatering equipment, alOO9 with 15 percent lor o\'6mead and profit, shall be paid to !he
<br />Contractor by the Purchaser.
<br />
<br />\'Il1en unusual under\/lO<Jnd conditions are encountered. the Contractor shall notify the Pu~haser and provide him with approximate cost ulimates for extra work. Within''''' days of this
<br />notification, the Purchaser shall authorize the extra work or instruct the Contractor not to proceed with construction. It the Purchaaer stopa construction, the Contractor shall rec:.ivelrom
<br />tI",e Pu~haser 15 percent of the contract price stated herein or the Contractor's costs to date plus 25 percent, whichever >I \/Iuter.
<br />
<br />Unless otherwise stipulated in the contract. the Contractor assumes no responsibility for repair or replacement 01 seawalls or de admen, the Purchaser agrees to sa....1h8 ConlreclO<'
<br />harmless from claims against him for subsequent failure of seawalls or other existing retaining walls 0< structures.
<br />
<br />DIMENSION TOLERANCES
<br />
<br />All dirr.ensions provided in the plans and specitications are approximate and may vary to a tolerance of 5 pertent. When measured 8lIrface area of the pool is IeaslNll1 staled In the
<br />contract, the Purchasllf shall be ent~led to a credit in the amount of $10.00 per square loot from the Contractor as compensation /<)( dam'998.
<br />
<br />The pool and deck shall be constructed to a tolerance of 5 pe~ent 01 the elevation shown on the drawin~. Var>ltiooa in .'.....tiona 01 \/Ieale. Ihlll\ 5 percent shall be auOOlitted jolntlyby tha
<br />Pu~haser and tt,e Contractor 10< Binding Arbitration as prescribed elsewhere In this contrlllCt.
<br />
<br />No damages shall accrue to the Purchaser ~ the pool is larger or deeper than shown on the drawings.
<br />
<br />UTILITIES
<br />
<br />The Purchaser agrees to supply the Contractor with suitable water for originel construction, warranty wor\<, cleanup and for filling as required; and will furtl1ar supply 110 volt electrical
<br />outlet fOf the Contracto(s use adequate to operate electrical equipment utilized in construction (20 amps~ and make such outlet available to the Contractor for his u&e when on the lob,
<br />
|