LIMITET WARRANTY:

CONTRACTOR WARRANTS THE PRODUCTS SUPPLIED HEREUNDER TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY. THIS WARRANTY SHALL NOT APPLY TO ANY PRODUCTS WHICH HAVE BEEN INSTALLED, REPAIRED, OR ALTERED BY ANYONE OTHER THAN CONTRACTOR; WHICH HAVE BEEN MISUSED OR ABUSED; OR WHICH HAVE BEEN DAMAGED AS A RESULT OF OWNER’S FAILURE TO FOLLOW THE DIRECTIONS OR MAINTENANCE SCHEDULE PROVIDED BY  TO EXERCISE YOUR WARRANTY, CONTACT CONTRACTOR AT ITS ADDRESS LISTED ON THE FRONT OF THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.

TERMS AND CONDITIONS:

The following represents the Terms and Conditions(“Terms”). Contractor will perform the following Services* to Owner’s Pool described above* (“Services”) to Owner’s Pool. In consideration of the mutual covenants set forth in this Agreement under the following Terms, Owner and Contractor hereby agree as follows: 1. SERVICES TO THE POOL SITE. The term Pool site means the area comprising the water surface area and that portion of the ground surface extending to a distance of not more than four (3) feet from the perimeter of the Pool water surface. Owner agrees to engage Contractor to service, build, repair or renovate the Pool as described above*. 2. DELIVERY OF SERVICES. Contractor will use reasonable diligence in the following Services stated in this Agreement to the Owner an operational Pool no later than 14 Days from vendor ship date. The owner acknowledges, however, that this delivery deadline is an estimated date and not a required delivery date. 3. PERFORMANCE AND COST OF WORK. Any Pool equipment repair required to be performed by Contractor shall be billed at the rate of $100.00 per hour (plus the cost of any parts, if necessary.) with a one-hour labor charge minimum. Contractor shall perform all specified work in a good and workmanlike manner and in substantial compliance with State and Local Health Department and Contractor will comply with all regulations, orders, and directives of Federal, State, and Municipal Governments agencies OSHA and Subdivisions thereof and perform Services per the requirement of manufactures specifications submitted for the Services to perform and all generally accepted industry standards and guidelines, adhering where applicable to local building codes and ordinances. Contractor or its subcontractors shall secure all workers’ compensation and general liability insurance 4. COMPLIANCE VIRGINIA GRAMAE BAKER POOL AND SPA LAW. Owner represents and warrants Owner shall be solely responsible to ensure that the swimming pool, Pool and/or spa which is subject to this Contract complies with the Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. § 8001, et seq. (the “Act”) Act concerning pool and spa drains. Contractor has no obligation to ensure compliance with the Act and Owner shall indemnify, defend, and hold Contractor harmless from any action brought against Contractor pursuant to the Act. 5. COMPENSATION. For all of the Contractor‘s services under this Agreement, Owner shall compensate the, by check or credit card, the amount specified in the total above. In the event, Owner fails to make any of the payments referenced by the deadline set forth in this Agreement and as invoiced, Contractor has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) bring legal action. 6. ELECTRICAL AND PLUMBING WORK. Contractor is not a licensed plumber or electrician and does not include or provide any electrical work or plumbing work as part of this agreement unless specified otherwise on the face of this agreement and such service like equipotential bonding and Contractor is not responsible for the condition and workability of any plumbing and electrical equipment including but not limited to Pool in lights and Pool pumps. 7. ACCOUNTS AND PAYMENTS. Accounts are considered past due if full payment is not received ten (10) days after due. Owner must take all steps necessary to pay all accounts in a timely manner. Any amount past due for fifteen (15) days will accrue interest at the rate of one and a half percent (1.5%) per month. Owner acknowledges that it shall be responsible for any and all expenses incurred by Contractor for collection of any past due amounts, including, but not limited to, all attorney fees, costs Contractor, expert fees, etc. If full payment is not received after this time, Contractor may place a lien or encumbrance on the Agreement property pursuant to applicable law. Contractor makes no provision for extended credit terms in our pricing structure. Contractor does not offer financing; however, our website provides options for third party financing options 8. Limited Warranties. All workmanship by Contractor is 100% guaranteed for (see above if applicable) months from installation. This warranty applies to the labor component only. Applicable product warranties are passed through from third parties when the product is installed by Contractor. Products sold by Contractor are warranted and guaranteed only by the original manufacturer of such Products to the extent and in the manner warranted and guaranteed by the manufacturer and Liability under this warranty is limited to the repair or replacement of any device or component which is returned to the manufacture factory within one year of delivery to the original purchaser, shipping prepaid, and which is found to be defective upon examination. For example, Diamond Brite products include a 5-year manufacturer warranty and there is an 18-month warranty on coping stones and tile. All manufacturers warrant most products to be free of defects in material and workmanship for a period of one year from the date of shipment from the factory or authorized distributor. Please contact Contractor for such product warranties, limitations, and exclusions. Owner hereby acknowledges that no other warranties, express or implied, are being provided by Contractor and hereby waives any such express or implied warranties. All warranties, either expressed or implied, will be null and void if failure is due to negligence, misuse, or abuse by Owner, acts of God (including, but not limited to, earthquake, fire, flood, etc.), vandalism by Owner or others, misuse of chemicals in Pool water, negligence of proper service by Owner, or work is performed on the subject Pool by a party other than Contractor. Contractor makes no warranties, either expressed or implied, other than those stated in this Agreement. Parties may not represent and warrant and agree that both parties have the authority to change or modify this warranty in any respect. Warranties are not transferable. Warranties are not valid until the job has been paid in full. This warranty is only valid and effective while Contractor or a corporately related entity to Contractor is managing the Pool under a separate management contract. If Contractor or a corporately related entity to Contractor is not managing the Pool under a separate management contract, then this limited warranty is null and void ab initio. This limited warranty is nontransferable. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8. MATERIAL SELECTION. Owner is solely responsible for the material and color selection of all products utilized by Contractor and agrees to ensure that all such selections shall meet or exceed any neighborhood, city, homeowner’s association or any other requirements. Owner shall indemnify, defend, and hold Contractor harmless from any action brought by any person, group, or entity concerning the quality, type, color, or other characteristics of the material selected by Owner. 9. FAILURE TO PERFORM. Owner acknowledges that Contractor will not be responsible for any failure to perform its obligations due to labor controversies, strikes, acts of God, nature or inclement weather, material shortages, labor shortages, eminent domain actions, court or any other government agency or authority declaration, Pool flotation due to high groundwater conditions or any other circumstance beyond the control of Contractor.10. OWNERS ACKNOWLEDGMENT OF WORK. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Defects or failures resulting from, mistreatment or neglect by Owner will be repaired or serviced at Owner’s expense. If Owner has work performed by others that is not provided for in this contract such as but not limited to, electrical panel changes, landscaping, erection of fences and retaining walls, Contractor does not warrant such work, and Contractor shall not be held liable for such work or loss or damages which may result thereof. Owner hereby acknowledges that Contractor shall not be responsible for minor inconveniences and damages resulting from Contractor or its subcontractor’s work at the Agreement property in accordance with all generally accepted industry standards and practices generally associated with such work. These include, but are not limited to: oil in driveway, cracks in concrete, landscaping damages, stucco or plaster cracks or chips, noise, vibration, vehicles in the driveway, any interior damages resulting from any work, etc. Decking is not warranted against cracking, chipping, raising, settling, or discoloration. Plaster is not warranted against discoloration, staining, chipping, or cracking since such plaster defects generally result front local water conditions, improper use of chemicals, or improper cleaning of the Pool Staining and/or hydration is not a manufacturer defect, therefore it is not covered under this warranty. Marble, quartz and stone application techniques as well as pigment loss from UV radiation can result in variations of color, shade and appearance. Such variations are not considered product defects. Owner waives and agrees to hold Contractor or its subcontractors harmless from such minor inconveniences and damages. 11. FORCE MAJEURE: CONTRACTOR SHALL NOT BE LIABLE FOR ANY DELAY, FAILURES, OR DEFAULT IN PERFORMANCE OF THIS AGREEMENT OR OTHERWISE, IN WHOLE OR IN PART, CAUSED BY THE OCCURANCE OF ANY CONTINGENCY BEYOND THE CONTROL OF THE CONTRACTOR. If any contingency occurs, Contractor may allocate production, deliveries, and performance of work among its contractors or substitute substantially similar materials in its sole discretion, without liability for doing so. 12. BINDING EFFECT. The provisions of this Agreement shall be binding upon and inure to the benefit of Owner and the Contractor and their respective successors and assigns, provided that the Contractor may not assign any of its obligations under this Agreement without prior written consent of Owner. The above prices, specifications, and conditions are satisfactory and are hereby accepted. 13. WITHDRAWL OF AGREEMENT. If Owner shall not execute this Agreement within 30 Days approximately, from proposal receive date (proposal date 03/21/2024, such proposal may be withdrawn and Owner shall not be entitled to rely upon any prices, specifications, or other statements of Contractor forth herein.

ACCEPTANCE OF AGREEMENT:

WE PROPOSE hereby to furnish material and labor, complete in accordance with the above specifications.  All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. All extra cost, alteration, or deviation from the above specifications outside this proposal constitutes a change order agreed upon and signed by both parties. This instrument contains the entire Agreement between the parties, and no warranties, statements, promises, or inducements made by either party or agent of either party that is not contained herein shall not be valid or binding; and this Agreement may not be enlarged, modified, or altered except in writing and signed by both parties. The above prices, specifications, and conditions are satisfactory and are hereby accepted.  You are authorized to do the work as specified hereto. 

Payments will be made as outlined above and No “Notice to Proceed” may be given nor any work commenced until this Agreement is fully executed.

IN WITNESS WHEREOF, the Owner and the Contractor sign this Agreement as of the date first written.

OWNER:

Audubon Park Homeowners Association, Inc.

OPERATOR:

Aqua Operators of NC LLC