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<br />EARTH HANDLING AND DRAINAGE
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<br />All excess excavated material shall be removed from the job s~e by the Contractor unless specified in the contract documents before start of excavation. The Purchaser agrees to assume all
<br />responsibility for excess excavated material left on the s~e at his request. No grading except in the immediate pool and deck area in included unless spelled out specifically in the contract
<br />documents.
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<br />When drainage of the Purchaser's property requires filling, cutting or establishment of new grades beyond the construction work built by the Contractor, this shall be considered the
<br />Purchaser's responsibility and the Contractor held harmless by him or claims of'direct or consequential damages from run-off, standing water or flooding of the Purchaser's or contiguous
<br />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 along with any change orders executed as
<br />described on Page 2. In case of conflict between the terms and provisions of other contract documents and 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 be in writing and signed by both parties. This contract along with add~ional documents described above const~utes the entire
<br />agreement between the parties, and neither party shall be bound by any statements, representations, or oral expressions by any agent or person purporting to represent or act on behalf or
<br />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.
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<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 in full force and effect, although the
<br />invalid portion has been eliminated.
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<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 is put to unusual expense, the Purchaser
<br />agrees to pay the Contractor the full amount of any additional expense, in add~ion to all other payments called for, at the time of final payment.
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<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 ownership of this swimming pool.
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<br />CONTRACTOR'S RESPONSIBILITIES
<br />The Contractor agrees to supply the materials and labor necessary to perform the work described in the contract documents in a workmanlike manner.
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<br />The Contractor agrees to work w~h all other trades on this job regardless of their union or non-union affiliation. The Contractor assumes no responsibility for the refusal of other trades to work
<br />w~h his mechanics and employees.
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<br />Contractor shall have in force during the entire period of construction liability insurance to the Iim~s of at least $100.00 per person and $300,000 per occurrence.
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<br />Contractor will carry workmen's compensation insurance for the protection of Contractor's employees during the progress of work. Contractor shall not be responsible for injury to Purchaser,
<br />his employees or for persons under the Purchaser's direction or other persons at the job s~e at the Purchaser's express or implied invitation.
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<br />The Contractor shall regularly remove trash and construction debris from the Purchaser's premises. Upon completion, the site shall be free from construction material, decks and patios shall
<br />be broom clean, the pool shall be vacuumed, tile and equipment wiped clean and all equipment placed in operation.
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<br />Ruts left by equipment will be filled and raked level. No sod replacement, reseeding or replacement of shrubs and landscaping material shall be provided by the Contractor unless specifically
<br />spelled out in this contract.
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<br />The Contractor will not substitute any accessories or equipment specified in the contract documents unless that equi~ment or accessory is of equal quality or better, and has the same
<br />functionalability, usability and utility.
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<br />The Contractor warrants that his work will meet or exceed applicable building Codes.
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<br />The Contractor agrees to pay the cost of all labor, materials, supplies and any subcontract work used to construct the work described in the contract documents and shall hold the Purchaser
<br />harmless against liens or other claims from workers and suppliers, unless Purchaser fails to make full payment of contract and change order amounts.
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<br />ELECTRICAL
<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 680 of the current National Electric
<br />Code. Items such as remote sw~ching, area lighting, convenience outlets, relocation of overhead or underground wires and condu~ or increasing the size of the Purchaser's electric service
<br />or main panel will be considered as extra work and shall be at the Purchaser's expense.
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<br />HEATER INSTALLATION
<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 power supply, except that upsizing of
<br />existing service or panels (when required) shall be at the Purchaser's expense.
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<br />Fuel supply and hook-up of tanks, as well as stacking and venting of gas or oil fired heaters according to applicable codes and laws shall be the 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 part of the pool work or equipment resulting from natural causes of an act of God such as earthquakes, hurricanes, inundation,
<br />ground motion or natural settlement.
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<br />The Contractor shall not be liable for repairs to work nor replacement of equipment from damages caused by neglect, negligence, willful acts, third parties or damage resulting from other
<br />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 any attorney be required by the Contractor to collect sums due by virtue of this contract or for the enforcement of any provision of this contract, including but not limited to
<br />anticipatory breach of this contract or alternatively arising out of any claim made against the Contractor by the Purchaser, then, in such event, if the Contractor is successful in the recovery
<br />of any such sums or does successfully avoid any of the relief sought by the Purchaser against the Contractor, the Purchaser agrees to pay reasonable attomey's fees and other costs of
<br />defense thereof incurred by Contractor.
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<br />ARBITRATION
<br />The parties hereby elect binding arbitration as their exclusive method of settling all claims, disputes, actions, and controversies arising between them relating to this contract or the failure or
<br />refusal of e~her of them to perform this contract in whole or in part. Arbitration proceedings shall be in accordance with the Rules For Swimming Pools Arb~ration adopted by the Tampa Bay
<br />Chapter of the NSPI, Arbitration Committee, and said rules are hereby incorporated by reference into the terms of the contract. Further, said arbitration shall be in accord with chapter 682,
<br />Florida Statutes, as same may be amended form time to time, including but not Iim~ed to those statutory provisions therein relating to judicial review of the decision of the arbitrators. A copy
<br />of the Swimming Pool Arbitration Rules of the NSPI may be obtained from the Contractor or any other member of the Tampa Bay Chapter of the NSPI or by writing the Chairperson of said
<br />Chapter's Arb~ration Committee at the address set forth hereinafter.
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<br />Arbitration proceedings under this agreement shall be commenced by e~her party sending a written request for arbitration to the Chairperson of the Tampa Bay Chapter of NSPI, Arbitration
<br />Committee, at P.O. Box 15062, Tampa, Florida 33684-5062, together w~h the appropriate filing fee required by said Arbitration Committee. Request for Arbitration shell be on a Requests for
<br />Arbitration Form that can be obtained from NSPI at said addresses, which set forth the issues in dispute, an amount claimed as damages, and the relief sought.
<br />TAMPA BAY CHAPTER, NSPI, P.O. BOX 15062, TAMPA, FLORIDA 33584-5062
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