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Notes Continued...
<br />bearing on the ultimate cost associated with the renovation and/or repair of the pool. The prices which appear immediately above are
<br />based upon reasonably anticipated conditions encountered in connection with the repair or renovation of a typical pool like the pool that is
<br />the subject of this contract. Specifically, not included in the prices are the existence of any nonapparent of unforeseen condition or limitation
<br />at the job site. Sundek of North Carolina does not assume, and expressly denies responsibility for, costs associated with any nonapparent
<br />or unforeseen condition that may be encountered.
<br />In the event nonapparent or unforeseen conditions are encountered by Sundek of North Carolina, and in the further event costs associated
<br />with such nonapparent or unforeseen condition are in the amount greater than $5000.00 Commercial and $1500.00 Residential, Sundek of
<br />North Carolina shall, upon such occurrences, immediately inform the customer. The customer shall have the following options:
<br />(a) Authorize Sundek of North Carolina to undertake the nonapparent and unforeseen condition at the customer’s expense.
<br />(b) Arrange to have a third party perform the services at the customer's expense. The work must be in accordance with plans and
<br />specifications approved by Sundek of North Carolina.
<br />(c) Cancel the contract. In the event of cancellation, the customer shall pay Sundek of North Carolina for all work performed up to the time
<br />of cancellation.
<br />WARNING: Owner, or anyone other than Contractor, is not to enter pool/spa until after it is refilled. Doing so is dangerous, can cause bodily
<br />harm, damage the surface of the pool, and could result in additional charges to the Owner & void the warranty.
<br />1. Materials & Additional Work: Unless otherwise specified in the plans and specifications, Contractor shall have the right to select all
<br />materials. When specified materials are unavailable, Contractor shall have right to substitute other materials of equal or better quality.
<br />Additions, alterations, or deviations can vary based on project scope and other factors. Plastic covers, fitting & jets become brittle with age
<br />and can crack/crumble during surface preparation and will be replaced at additional charge to Owner. A working pool light that does not
<br />work after it has been moved for resurfacing does not indicate poor workmanship, as parts could be old. *NOTE* A successful EcoFinish
<br />application requires a suitable substrate surface. CPR cannot adequately evaluate the surface of the existing substrate with water in the
<br />pool. Once the pool is empty, the surface will be thoroughly checked. If the existing surface is not found to be suitable, alternative action
<br />must be taken. No action requiring additional charge will be taken without written authorization by owner or designee.
<br />2. Contract Payments: The Contractor shall not be required to proceed with the installation of the work if the payments applying on same
<br />have not been made as specified in the Contract. If project is mutually agreed to stop due to the conditions at the site, it is agreed that
<br />Contractor is due their cost to that point including sales time, permits, labor, material, and equipment.
<br />3. Unavoidable Interruptions & Transfer of Title: It is hereby mutually agreed that the Contractor shall not be held responsible or liable for
<br />any loss, damage or delay caused by fire, strikes, civil, or military authority, or by any other cause beyond its control. All start and
<br />completion dates are tentative, and subject to change depending on weather conditions or other significant unforeseen events leading up
<br />to, and during, your project. If the Owner shall enter into a sale or shall sell, all or any part of the premises herein involved, the full amount
<br />remaining unpaid on this Contract becomes due and payable within 48 hours after date of such sale or agreement of sale at the option of
<br />the Contractor.
<br />4. Permits & Utilities: Any required permits are to be obtained by Owner. Price excludes permits, bonds, re-enforcing hardware and
<br />materials not pertaining to pool remodel. All utilities not visible are the responsibility of the Owner. All items listed are the responsibility of
<br />the Owner unless otherwise stated. Requirements and inspections of Government Building Codes or Officials of Governmental Building
<br />Departments, not provided for in the plans and the specifications, shall be considered as additional work and shall be charged for as
<br />provided in the 2nd Paragraph above.
<br />5. Complete Agreement: This document contains the entire agreement of the Parties, including all pre-contract negotiations and
<br />understandings, and its execution binds all Parties signing it, jointly and severally, as well as their respective heirs, assigns, representatives
<br />and successors. This Contract is nontransferable. It is understood and agreed that this Contract does not include any labor and materials
<br />not specifically mentioned in this agreement, including condition of plumbing, tile, coping, decking, pool equipment. Contractor reserves the
<br />right to cancel this contract after inspection of the empty pool, if, in the opinion of the Contractor, extensive adverse conditions make it
<br />impractical to achieve a satisfactory bond of fiberglass to pool surface.
<br />6. Draining Pool: Owner is responsible for draining pool, unless otherwise stated above. When a swimming pool is drained, a natural hazard
<br />is temporarily created, caused by an absence of water in the pool. As a result of this hazard, it is possible that, despite any precautions
<br />taken by Contractor, the following conditions may occur: The pool might “float” due to hydrostatic pressure of surcharge conditions; the
<br />pool shell may crack; there may be checking in the plaster; a person or thing could fall into the empty pool, injuring themselves and/or the
<br />pool; or the pool light is cooled by water. If turned on while not immersed, it will be damaged or blow up. Disconnect breaker or tape switch
<br />to prevent accidental turn on. Owner agrees to save and hold Contractor harmless from any liability caused by above or by high water
<br />table. Contractor agrees to take all reasonable precautions for prevention of pool floatation.
<br />7. Guarantee: Contractor warrants that it shall repair any failure of fiberglass or pool finish to bond to the pool surface caused by
<br />defects in material and workmanship for the period of time specified in this contract. If a warranty period is not specified in scope of work,
<br />the warranty period shall be: 5 years for new installations; 90 days for repair work. Warranty will be valid when contract amount is paid in
<br />full, from the date installation is completed, and subject to normal use and care upon notice within the warranty period. This warranty is not
<br />transferable to subsequent purchasers. Owner shall immediately notify Contractor of any defects. The Contractor shall not be liable for
<br />failures resulting from normal wear and tear, mistreatment, neglect, improper maintenance, or defects in construction of the pool or pool
<br />surface, including: a) Further deterioration of plaster after installation of fiberglass, or separation of fiberglass from vermiculite, sand, or
<br />other similar type surface; b) Staining caused by foreign objects in pool, or improper use or levels of chlorine or other chemicals; c) Damage
<br />due to lack of water in pool; or, d) Damage, including cracks, caused by change in water table, ground conditions, or accidental or natural
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<br />Sundek of North Carolina
<br />2717 Leighton Ridge Drive | Suite 101 | Wake Forest, NC 27587
<br />(919) 670-1550 | sales@sundeknc.com | https://sundeknc.com/
<br />Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
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