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<br />LIMITED WARRANTY
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<br />The CONTRACTOR warrants its work to be free from defects in material and workmanship and to perform satisfactorily for a period of one
<br />year after completion date or the pool is in use, and if any such defects should appear within such time, shall remedy same without cost to
<br />the PURCHASER provided said purchaser has complied in full with the terms of payment and other Condnions of this contract. PURCHASER'S
<br />failure to make full payments to CONTRACTOR according to the contract and work orders shall void this warranty. Purchased or assembled
<br />accessories and equipment installed under this contract carry manufacturer's warranty and CONTRACTOR neither warrants or guarantees
<br />such equipment beyond or in excess of manufacturer's warranty and sevicing or replacement of such items shall be charged for if they
<br />exceed the limits of said manufacturer's warranty. Defects or failures caused by obvious mistreatment or neglect shall be repaired or
<br />serviced at PURCHASER'S expense.
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<br />The concrete structure (shell) carries a twenty-five (25) year warranty that is shall perform satisfactorily during that time.
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<br />This warranty becomes void when original purchaser sells or leases described property.
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<br />ANY IMPLIED WARRANTY ARISING BY OPERATIONS OF STATE LAW IS LIMITED TO THE DURATION OF THE ONE YEAR WARRANTIES
<br />HEREIN CONTAINED.
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<br />A separate instrument warranting the work performed under this contract may be provided to the Purchaser, and it shall be considered a part of the contract documents.
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<br />DEFINITIONS
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<br />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
<br />evaporation of 1/8' to 3116' per day).
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<br />POOL SHELL or POOL STRUCTURE is the concrete work which encases the steel reinforcing bars. Interior finishes are not part of the shell.
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<br />Pool equipment which performs the function for which it was designed shall be considered to 'PERFORM SATISFACTORILY.'
<br />'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, platforms, curbs, etc.
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<br />Marcite or marblelite when used as the WHITE INTERIOR FINISH shall be a mixture of white cement and ground marble with appropriate cement additives and shall be trowelled smooth and
<br />dense. Aggregate shall be 'run of the quarry' with a proportionate amount of off-white particles, and the subsequent 'white' finish will be subject to surface discoloration depending upon the
<br />amount of color in the aggregate used.
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<br />LIMITATIONS
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<br />No warranty extends to any part of the pool, equipment or appurtenances when failure or defect is caused by any of the following conditions or events:
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<br />Abuse; lack of reasonable care; lack of necessary maintenance; improper operation; vandalism; acts of God; normal wear and tear.
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<br />Freezing of water left uncirculated in plumbing lines, filters, pumps, fixtures and other equipment.
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<br />Substitution, replacement or addition or equipment not originally installed nor expressly authorized by the Contractor which might effect the operation or use of the pool.
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<br />Repair or service of the pool or equipment by unauthorized parties which results in damages to or failure of the equipment.
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<br />Water from external sources or flooding which might damage the pump or motor.
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<br />Cracking, checking, peeling, separation, erosion, pitting, discoloration and staining of the deck finish by use of improper chemicals in the cleaning of the deck.
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<br />Subterranean or surface erosion caused by excessive water from acts of nature, outside sources, under or around the pool or deck structures.
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<br />Heaving of deck or pool as a result of the growth of trees roots or other outside forces beneath the structure.
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<br />Draining of the pool for repair or maintenance without proper safeguards against hydro-static pressure.
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<br />Power surges to electrical equipment from transmission lines or lightning.
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<br />CONDITIONS
<br />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.
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<br />EXCLUSIONS
<br />Items of equipment which require normal replacement from time to time such as light bulbs, lenses, gaskets, pump seals, whip hoses, etc., are not to be construed as replacement under
<br />warranty.
<br />Stress cracking in the decks and patios whether from diurnal heating, shrinkage or other causes unless such cracking or off-setting exceeds the acceptable limits set forth in 'Minimum
<br />Residential Pool Standards' as published by the National Spa and Pool Institute.
<br />Etching, pitting, cracking, peeling, separation, staining, discoloration, streaking, mottling or shading of the marcite finish which occurs AFTER THE POOL IS FILLED WITH WATER and
<br />chemical treatment begun, shall not be construed as defective workmanship or materials on the part of the Contractor.
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<br />CLAIM PROCEDURE
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<br />Normal warranty complaints should be satisfied by the Contractor after verbal notification by the Purchaser, however, to insure performance of the Contractor, warranty complaints should be
<br />made in writing and mailed or delivered to the Contractor's principle place of business shown at the top of Page 1 of this contract.
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<br />BY:
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<br />SIGNATURE OF CONTRACTOR
<br />OR CONTRACTOR'S AGENT
<br />
<br />DATE:
<br />
<br />PURCHASER
<br />
<br />PURCHASER
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