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Notes Continued...
<br />causes beyond Contractor’s control. Contractor is not liable for any incidental and consequential damages due to defects or failures,
<br />including the costs of start-up and chemicals necessary to put pool back in balance. All guarantees on labor & materials shall be void if,
<br />during the life of said guarantee any work is done, or other product is applied on the coating by others. Be advised that fiberglass applied to
<br />areas above the waterline (i.e., up over the coping, deck, or gutters) has a good chance of delaminating or cracking due to exposure to the
<br />elements and is not covered by warranty.
<br />8. Cracking: Due to the inherent movement in soil and concrete, and to the possible lack of structural integrity of the pool or concrete
<br />substrate, no guarantee (either expressed or implied) is granted concerning cracks or movement in substrate or resulting cracks and
<br />damage to the resurfacing application caused by these underlying cracks or movement. Excessive movement of the pool shell could still
<br />crack the fiberglass finish. Owner is advised that whenever you go over an existing fiberglass surface without stripping it back to the
<br />substrate, the performance of the new fiberglass is subject to the condition of the underlying fiberglass layer, and there is no guarantee that
<br />the old fiberglass won’t move and/or crack.
<br />9. Leaks: Contractor strongly recommends a leak detection be performed prior to repair or resurfacing work if Owner believes pool is
<br />leaking. Owner understands that the fiberglass surface installed by Contractor does not involve removal of the pool drain, pool light or
<br />skimmer, therefore, leaks associated with these areas are not the responsibility of Contractor. If pool leaks after resurfacing and a leak
<br />detection is required, owner will be responsible for ordering and paying for leak detection. If problem is due to work performed by
<br />Contractor, Contractor will reimburse owner for cost of leak detection.
<br />10. Colors: Owner understands that a strong possibility exists that any color coat other than white will fade, appear milky, appear waxy, or
<br />have some other final appearance which may be undesirable or be impossible to match in the event repair work is necessary. Owner also
<br />understands that the color may vary from the color samples provided prior to installation due to many causes, which may include, but is not
<br />limited to, shape of the pool, depth of water, natural light, and environmental conditions such as water leakage. Owner understands that
<br />Contractor makes absolutely no warranty or guarantee as to the final appearance of color either immediately after application, appearance
<br />of color under the water, or over an extended period of time. All colors could vary, fade, or become un-uniform or not last as long as the
<br />standard white fiberglass due to the process, pigment and coloring agents used in the coating product. Owner understands that Contractor
<br />will not be responsible for variance in color from that which the Owner selects from various samples shown the Owner by Contractor or
<br />from color chips supplied by Owner. Contractor may at its discretion require a signed color waiver.
<br />11. Undetermined Conditions & Access: Conditions not determinable until existing surface covering has been inspected or removed, i.e.,
<br />structural cracking, unstable substrate and similar conditions are not included in the price, unless specifically mentioned as included and
<br />will be charged for in a change order when a determination of the additional cost is known. Access: Owner is to provide reasonable access
<br />and to assume all liability for damage to driveway, walks, curbs, underground lines, plantings, or lawns, resulting from installation. The
<br />Owner is completely responsible for all required fencing as well as removing and replacing fence for access. Contractor is not responsible
<br />for any damage to driveways, sidewalks, sprinkler systems or landscape caused by construction equipment. Owner agrees to save and
<br />hold the Contractor harmless in the event access must be obtained over a third (3rd) person's property. In the event reasonable access is
<br />not furnished at Owner's cost, this contract may be canceled, and Owner shall pay all costs incurred by Contractor.
<br />12. Startup & Cleanup: Owner is responsible for any costs associated with refilling pool and balancing chemicals, including any charges
<br />resulting from local water ordinances and laws. Upon completion of the work Contractor will remove debris and surplus material from
<br />Owner’s property and leave it in a neat condition, however Contractor is not responsible for cleaning dust that may have accumulated on
<br />property near project area. Contractor is not responsible for moving items onto pool/project area after completion.
<br />13. Owner understands that there will be a textured imprint on the surface of the fiberglass finish. A non-skid additive will be applied in
<br />accordance with normal procedure unless specifically stated otherwise.
<br />14. Title to any of the material sold or installed hereunder by the Contractor shall remain in the Contractor until all the terms hereof have
<br />been complied with, and in the event such materials are affixed to realty, it is expressly understood & agreed that they shall remain
<br />personally subject to removal as herein under provided, and further that the Owner hereby waives any and all claims for damage to said
<br />realty or building caused by the removal of said materials or any part hereof.
<br />15. Owner authorizes the placement of a temporary sign at the project job site unless HOA restrictions apply.
<br />16. Dispute Resolution: In the event of any dispute arising under this agreement, the Parties agree that they will first engage in a good
<br />faith process to meet and confer in an attempt to resolve the dispute. A) Should the Parties be unable to resolve the matter through an
<br />informal “meet and confer” process, the Parties hereby agree that the matter shall be submitted to mediation by a neutral third party; B)
<br />Should mediation fail to resolve the dispute, the Parties agree that proper venue for any legal action filed to resolve any dispute arising out
<br />of this Agreement shall be Wake County Superior Court, North Carolina, or the U.S. District Court Raleigh, North Carolina. This Agreement
<br />is entered into and shall be construed and interpreted in accordance with the laws of the State of North Carolina; C) In the event that any
<br />action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, arising out of a breach of
<br />this Agreement, or pertaining to a declaration of rights under this Agreement, the prevailing party shall recover all of such party’s attorneys’
<br />fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. The party filing
<br />any such action shall be entitled to attorney’s fees if, and only if, that party has first availed itself of the “meet and confer” process and
<br />mediation, as set forth in sections above.
<br />COLOR WAIVER
<br />Owner hereby acknowledges that they have enquired about and are requesting that a colored gelcoat or colored pigment to the final coat of
<br />resin. Owner acknowledges that Contractor has explained, and that Owner understands the following:
<br />· Because the colored system is not installed in a controlled environment (i.e., an indoor factory), many variables can impact the outcome
<br />and appearance of a colored finish.
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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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