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Conditions of Prooosal Accentance I. Contractor Furnishes: pubic liability insurance applicable to work being performed under our contract. 2. Payment: in the event that the Purchaser shall fail to make any payment called for herein when the same shall become due then and in that event th~ Contractor or its assignee at its option, will be pri\-ileged to stop work without any penalty whatsoever: and may dcx:lare the entlfe balance due and payable and the same shall commence to draw interest at the highest legal rate per annum, from the due date. 3. Pool Location, Size, Shape and Elevation: minor variations in dimensions or elevations are normal and shall not affect the validity of this contract. The Owner shall check the location, size, shape and elevation before excavation and assume the full responsibility. 4. Owner Incurred Expenses: no owner may incur any expenses to be charged to the Contractor or credited against this contract without previous written approval by the Contractor. 5_ Access: the O\mer shall grant the Contractor ample access area for equipment, personnel and materials delivered to the site, the full use of water and electrical power, and the right to store material and debris during the course of construction. The owner asswnes full responsibility for clearance of or damage to anything in the area of access, construction, above or below ground. 6. Site Conditions (water, rock, muck, obstructions): in the event that caving sami,"rock, unusual ground water due to soil composition, proximity to water wave or permeability of certain types of seawall or berm construction are encountered and create constructions problems and/or in the event said extra costs will be computed and billed to the owner in connection with the above described construction problems and shall be paid by the owner prior to completion of pool. Should uncontrollable water be encountered in the excavation Contractor rCSCf\CS the right to either raise the pool elevation specified at no additional charge or obtain the maximum depth possible by utilizing additional dewatering methods and equipment, in which case the owner shall bear the responsibility for the additional costs incurred. 7. Equipment Rights: the owners hereby covenant and agree that the title to all pool equipment which comprises a part of the subject matter of this contract shall remain on ownership of the Contractor until pool contract price together with any extras is paid in full. The owners further covenant and agree that said equipment shall be deemed to be considered personal property although the said equipment may in some manner be affixed or attached to the real property within which the pool is located and in the event of default by the owners herein, said equipment may be freely severed from the premises by Contractor, its successors and assIgnees. 8. Property Title: the OWller warrants that he owns the land upon which the pool is to be built or that he has full authority from the owner thereof or any co-owner to enter into this contract and the owner will indemnify and hold harmless the Contractor in all matters arising on this accoWlt in the event of default on the part ofthe owner in making payments when due or in performing any of the other components of this agreement and the Contractor on account thereof is required to incur expenses and/or engage the services of any attorney, the owner agrecs to pay all such costs and expenses, including a reasonable fee for the Contractor's attorney. All sums payable to the Contractor shall bear interest at the maximum legal contract rate from the date that such payments are due to date paid. 9. Preliminary Cost: should owner terminate the contract prior to construction commencement, deposit shall be retained in satisfaction of preliminary costs 10. Unsuitable Soil: in the event that soil e.xcavatcd from owner's property is not suited for proper back-filling under and around the pool, suitable back-filling materials shall be brought in by Contractor and paid by owner. 11. Warranty: the Contractor warrants that aU materials lISed in completing the installation contracted herein will be new and that if any substantial defect occurs other than hairline cracks in pool deck or gel coat, it will be remedied without the cost to owner if written notice is given to Contractor within year of date of pool completion, provided pool and equipment have been maintained in accordance with the recommendations of Contractor. iU1d further provided such defect is not the result of an act of God, or of the sub-soil or strata of the ground, or water table, or circumstances beyond the control of the Contractor. Assemblies Units (such as, but not limited to, heaters, pumps and motors, filters, etc.) and standard fittings, materials or accessories purchased by the Contractor for use in the installation are subject to the manufacturer's guarantee only, and Contractor makes no warranty, expressed or implied lhereupon. It specifically understood or agreed that no claim may be filed under this warranty and no obligation to make adjustment thereto will accrue until the full contract price and all other sums due have been paid in full. Contractor does not warrant)' the gel coat (paint) against discoloration due to hard water, staining or improper use of chemicals, or neglect by the owner, his agents or assignees, nor docs Contractor assume any liability for any work performed by others and not a part of lhis contract. It is understood that as a matter of fact, bumps may occur on lhe gel coat surface and this is an inherent characteristic of a gel coated pool, and in no way affects the structural integrity of the pool and further warranty on the shell of pool comes from manufacturer, not lhe contractor. 12. Binding Effect: shall be binding upon the heirs, administrators, executors, successors and assignees of the O\mers. 13. Safety: the Contractor shall not be responsible to lhe owner for any damages arising out of the misuse of the facilities provided under lhis contract, and property owner assumes all liability once the shell is instaUed. This includes the erection of temporary barriers if necessary. Upon completion It is the property owner's obligation to meet all codes (local & state) that are not included in the proposal. 14. Patios: in the event the owncr hires Comractor to complete any patio work as a part of this contract, owner agrees that checking and/or cracking as well as color fading may occur and is not covered under lhe one-year pool warranty Owner further agrees that any grading work outside of patio area IS not the responsibility of Contractor. However, if any substantial disparity of elevation exists during the first year, Contractor \\ill make necessary repairs. When deck \Vork is not included in this contract, grading around the pool, compacting backl1lL stnpping sod. and excess dirt cleanup will not be the responsibility of Contractor Any type of finish to existing patios is NOT guaranteed. 15. Septic Tanks: it is the owner's responsibility to mark with corner nags the location of septic tanks, storm sewers, sanitary sewer lines or underground utilities. 16. Sidewalks: Contractor is not responsible for damage incurred to sidewalks or driveways during construction of the pool. 17. Entire agreement: this contract constitutes the entire agreement of the parties and may not be changed oraIly. 18. Electrical: installation of extra service and/or circuit in o\\-ner's electrical panel box and magnetic starter and/or removal and replacement of overhead wires to be paid by owner. 19. NO SOIL WILL BE REMOVED OR RETURNED EXCEPT ON EXCAVATION DAY, CONTRACTOR IS NOT RESPONSIBLE FOR DAMAGES TO ORlVEW A YS, CURBS, SIDEWALKS, SEWERS, PATIOS, LAWNS, SHRUBS AND APPURTENANCES. OWNERS HEREBY AGREE TO ASSUME ALL RESPONSIBILITY AND RISK THEREOF. 20. Any replacement, removal or redirection of any utility lines or cables is the responsibility of the owner. Signalurc uf u\\ I~:'_~?i:. L~.:'~.~h'__~~"~~ CI/. "h f )atc _____.l~0'_.~ /:~=--\~__,._..._