Pools Plus Services

TERMS AND CONDITIONS

The intent of these TERMS AND CONDITIONS is to establish a clear understanding of the duties and responsibilities of both the OWNER and POOLS PLUS, INC., so that the service work can be done according to schedule and price contracted herein.

BASIC POOL OPENING SERVICE

BY POOLS PLUS

1.Opening Services as per work described on Opening Contract.

2.Cover must be removed for Pool Plus Staff to open pool. If an additional trip is required, Customer will be billed an additional $50.00 + mileage for the return trip.

3.Pools Plus is not responsible for any items under the care of owner during winter months. All damage or corroded parts not fit for reuse will be replaced and billed to the Owner. If we cannot finish opening, a return charge of $50.00 + mileage will be assessed when we can return to finish opening the pool.

BY OWNER

1.Arrange for access to Pool area.

2.Outside Working Electrical Outlets

3.Available. Outside Water ServiceTurned On.

4.Clear Debris from Cover, Bag and Dispose.

5.Remove Water from Top of Cover.

6.Remove Winter Cover.

7.Clean and Store Winter Cover.

8.Clean Pool Side Walls.

9.Fill Pool and Spa to Operational Level.

10.Collect and Place, for Pools Plus Installation: All Items removed from the Pool Structure and Pool Equipment when Pool was Winterized.

FULL POOL OPENING SERVICE

Includes all of the services of the Basic Pool Opening plus the following services.

1. Pools Plus will place a pump and hoses to safely remove water from the top of tarp pool covers.

2. Pools Plus will place the Owner’s fill hose, but owner must turn off hose when pool is at operational level.

3. Pools Plus will clean and treat the cover with cover cleaner and fold or place the cover in a storage container, supplied by the Owner. Disposable covers will be disposed of by Owner. Debris must be cleared from the cover prior to Pools Plus arrival, otherwise an additional fee will be charged.

PLEASE READ

1.Additional on-site billings are due on the day the Opening Services are completed.

2.If pool equipment is inside the home, home owner must be home for entire pool opening.

3.Pools Plus, Inc. will not be expected to perform any work other than that which is herein contracted.

4.Pools Plus, Inc. will not be held responsible and/or liable for damages or added expense for delays of contract date caused by shortages, i.e.; gasoline, parts, accessories, etc. or weather conditions, strikes, acts of God or other circumstances beyond the control of Pools Plus, Inc. or for any ensuing damage and/or operational expense caused by said delays.

5.Due to possible pre-existing conditions, Pools Plus, Inc. does not warranty pool service work or make an expressed or implied warranty of pool structure, deck, piping or any associated pool equipment.

6.Pools Plus, Inc. will not assume responsibility and/or liability for damages incurred by removal and reinstallation of equipment parts that are corroded, rusted, or otherwise deteriorated. Repairs and/or replacement will be made at owner’s expense.

7.At Opening, Pools Plus, Inc. will not be expected to be responsible for any missing or damaged items of pool equipment, stored on Owner’s property under their care and keeping, over the winter months.

8.This agreement and any addenda in writing, constitute the entire contract of the parties when signed by both parties and the parties are not bound by oral expression or representation by any agent of either party purporting to act for or on the behalf of either party which is not recited herein, and Pools Plus, Inc. is not bound to any commitment or agreements not specified in the proper spaces on the white copy of this contract.

9.Cleaning and vacuuming pool is excluded from this service contract.

10.This is a pre-paid contract. Payment in full is needed to process contract.

11.Pools Plus, Inc. does not provide cleaning services or on-site algae treatments. It is common for pools to open with algae, which can result from various factors such as a torn cover, chemical dosing, or weather conditions. If you need assistance with an algae treatment, we offer free water testing and balancing services at all five of our retail locations.

If legal action is required by pool owner against contractor, owner agrees to use arbitration as the first means of settling any and all disputes between the parties. If said arbitration is unacceptable, both parties agree that any resulting legal action can only be handled in the city of Grand Rapids and the county of Kent. This shall be the sole court to handle disputes between the parties that cannot be handled by arbitration.

Warranty: EXCEPT AS EXPRESSLY PROVIDED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND BY ANY MANUFACTURED WARRANTY. THERE IS NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY WARRANTY, EXPRESSED OR IMPLIED IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.

Limitation of Damages/Remedies: IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IF ANY, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOSS PROFITS OR REVENUE, COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING A SELLER’S LIABILITY AND PURCHASER’S REMEDY. HOWEVER, Pools Plus, Inc. MAINTAINS FULL INSURANCE COVERAGE THAT COVERS ANY DAMAGE THAT IS PROVED TO BE CAUSED DIRECTLY BY Pools Plus, Inc. OR ITS AGENTS.

TERMS AND CONDITIONS

The intent of these TERMS AND CONDITIONS is to establish a clear understanding of the duties and responsibilities of both the OWNER and POOLS PLUS, INC., so the service work can be done according to schedule and price contracted herein.

WINTERIZATION SERVICES: OWNER’S RESPONSIBILITY and POOLS PLUS INC. RESPONSIBILITY.

PREPARATION TO BE ACCOMPLISHED BY OWNER PRIOR TO POOLS PLUS ARRIVAL.

1.POOL MUST BE VACUUMED AND FREE OF ALL DEBRIS. Pool vacuuming and leaf removal is not part of Pools Plus service and is not included in this service offer.

2.POOL WATER MUST BE CLEAR AND CHEMICALLY BALANCED PRIOR TO WINTERIZATION. Pools Plus will not assume responsibility and/or liability for damage to pool INTERIOR resulting from existing water conditions, i.e. staining, calcium scale, corrosion and/or stain-causing debris.

3.SOLAR COVER TO BE REMOVED FROM POOL AND POOL AREA by OWNER. If Solar Cover is not removed, POOLS PLUS INC. will not be responsible for dirt & debris falling into the pool.

4.OWNER MUST SUPPLY OPERABLE OUTSIDE ELECTRICAL OUTLET FOR OPERATION OF POOLS PLUS POOL WINTERIZATION EQUIPMENT.

5.POOLS PLUS TO PLACE AND SECURE WINTER COVER. OWNER TO HAVE COVER AND ALL SECURING ITEMS, I.E. WATER TUBES, TIE DOWN STRAPS, TRACK LOCK BEAD, READY AND POOLSIDE FOR INSTALLATION BY POOLS PLUS. Missing or defective items will be replaced by Pools Plus and will be billed for payment due upon completion of winterization service. This contract service is limited to the initial placement of the winter cover. Owner is responsible for monitoring and correcting cover position after Pools Plus departure and during winter months. Pools Plus will not assume any warranty for the condition of the pool cover and/or securing devices at time of installation or during the winter season. Unless specifically instructed by Owner, Pools Plus will not install any damaged covers or covers which do not fit.

UNLESS PURCHASED UNDER THIS CONTRACT.

6.POOL WATER IS TO BE LOWERED TO WINTERIZING LEVEL (ONE INCH BELOW THE LOWEST RETURN) by OWNER. If upon arrival, Pools Plus cannot winterize pool because the water level was not dropped by owner to 1” below the lowest return, and a Return Trip is needed, an ADDITIONAL RETURN FEE OF $100.00 will be assessed and added to closing billing.

7.All RETURN LINE PLUGS AND SKIMMER “ GIZZMO” PLUG(S) WILL BE PLACED AT POOLSIDE FOR INSTALLATION by POOLS PLUS. If plugs/Gizzmo’s are not made available, Pools Plus will supply and bill for needed items. Jobs outside of a 10 mile radius will be billed an extra destination fee.

8.ELECTRICAL and/or GAS LINE SERVICES: Pools Plus will secure the electrical and/or gas line services to the pool equipment providing the disconnects are located at the equipment area. If disconnects are located in the house, owner will coordinate access.

9.If a Return Trip is needed, an ADDITIONAL RETURN FEE OF $100.00 will be assessed and added to closing billing.

ADDITIONAL SERVICES REQUESTED

10. POOLS PLUS LOWER POOL WATER

Working electrical outlets must be available for operation of Pools Plus closing equipment. Owner to designate discharge area if special site conditions dictate: DISCHARGE TO:

PLEASE READ

Pools Plus will arrive between: 8:30am - 6:00pm, we cannot give specific appointment times.

Additional on-site billings are due on the day the Winterizing Services are completed. Pools Plus will not be expected to perform any work other than that which is herein contracted. Pools Plus will not be held responsible and/or liable for damages or added expenses for delays of contract date caused by shortages, i.e. gasoline, parts, accessories, etc. or weather conditions, strikes, acts of God or other circumstances beyond the control of Pools Plus Inc. or for any ensuing damages and/ or pool operational expenses caused by said delays. Due to possible pre-existing conditions, POOLS PLUS INC. does not warranty pool service work or make an expressed or implied warranty of pool structure, deck, piping or any associated pool equipment. POOLS PLUS INC. will not assume responsibility and/or liability for damages incurred by removal and re-installation of equipment parts which are corroded, rusted or otherwise deteriorated. Repairs and/or replacements will be made at Owner’s expense. At Winterization, POOLS PLUS INC. will not be expected to be responsible for any missing or damaged items of pool equipment stored on Owner’s property under their care and keeping, over the summer months. This agreement and any addenda in writing, constitute the entire contract of the parties when signed by both parties and the parties are not bound by any oral expression or representation by any agent of either party purporting to act for or on behalf of either party which is not recited herein, and POOLS PLUS INC. is not bound to any commitments or agreements not specified in the proper spaces on the white copy of this contract. If legal action is required by pool owner against contractor, owner agrees to use arbitration as the first means of settling any and all disputes between the parties. If said arbitration is unacceptable, both parties agree that any resulting legal action can only be handled in the city of Grand Rapids and the county of Kent. This shall be the sole court to handle disputes between the parties that cannot be handled by arbitration.

Warranty: EXCEPT AS EXPRESSLY PROVIDED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND BY ANY MANUFACTURED WARRANTY. THERE IS NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY WARRANTY, EXPRESSED OR IMPLIED IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.

Limitation of Damages/Remedies: IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IF ANY, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOSS PROFITS OR REVENUE, COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING A SELLER’S LIABILITY AND PURCHASER’S REMEDY. HOWEVER, Pools Plus, Inc. MAINTAINS FULL INSURANCE COVERAGE THAT COVERS ANY DAMAGE THAT IS PROVED TO BE CAUSED DIRECTLY BY Pools Plus, Inc. OR ITS AGENTS. SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY SUCH NEGLIGENCE, LOSS OR EXPENSE.

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