Orange County NC Website
<br /> 3 <br />• All color selections to be made from selection brochures provided by the Company. Exclusions to the Scope of Work <br />include water to fill pool, landscaping, irrigation, surveying, soil testing, site work, haul in or out, removal of excess <br />spoils, sidewalks, sewer fees or water tap. <br /> <br />CHANGE ORDERS: <br />Any change in the details of the Scope of Work or the assumptions upon which the Scope of Work is based may require <br />changes in the Project Cost/Price, Payment Schedule, or project schedule. Every such change shall require a written <br />amendment to the Scope of Work (a “Change Order”) signed by both parties. Each Change Order shall detail the <br />requested changes to the applicable task, responsibility, duty, projected cost, timeline, or other matter. The Change <br />Order will become effective upon the execution of the Change Order by both Parties, and the Change Order will <br />specify the period within which Company must implement the changes. Both Parties agree to act in good faith and <br />promptly when considering a Change Order requested by the other party but neither party is obligated to execute a <br />Change Order. <br /> <br />WARRANTY: <br />The Company will agree to a warranty period of one (1) year for all material(s) and work outlined in the Scope <br />of Work. The Company will agree to an additional warranty period of two (2) years, immediately following the <br />initial one (1) year warranty period, for all material(s) and work outlined in the Scope of Work if Customer is <br />under contract with the Company for management/maintenance services for these additional two years and <br />stays in good standing during the term of such agreement. The additional warranty period does not cover paint. The <br />warranty will cover defective materials or workmanship. <br />• This warranty shall not apply to any products which have been installed, repaired, or altered by anyone other than <br />the Company. The Customer agrees to consult the Company prior to any work or repairs done to the pool shell, <br />pool deck, or generally inside the pool area. Any work or repairs done to the pool shell or pool deck without prior <br />consultation with the Company will void this warranty. <br />• Our obligation under this warranty shall be to repair the work herein in its entirety, at no cost to the Customer, or at <br />our option, to repair any part or parts, which to our satisfaction constitute a defect. All labor and material costs <br />shall be covered for any warranty work completed by Company. Customer agrees to provide, at no cost to <br />Company, water and electricity for Company’s use in performing any warranty work described herein. The <br />Company shall not be liable for any damages to the Customer’s pool related to or caused by lifting of the pool as a <br />result of hydrostatic pressure. <br />• No warranty is given if the work is subject to vandalism, accidents by the Customer or the Customers’ members, <br />misuse, or alteration. Damage caused by acts of God or force majeure are not covered under this warranty. Because <br />plaster is applied over other current materials and because of the natural characteristics of the products used, plaster <br />is not warranted against streaks, stains, spotting, discolorations caused by minor foreign impurities in the material, <br />and checking or shrinkage cracks normal to all cementitious materials. Company shall have no obligation to <br />complete any warranty work until the balance of this Agreement, along with any approved Change Orders, have <br />been paid in full. <br /> <br />PROCEDURE CLAIM: <br />If a defect related to the Scope of Work appears during the warranty period that the Customer reasonably expects or <br />anticipates being covered under warranty, the Customer must notify the Company in writing immediately. The written <br />notice must specify the defect related to the Scope of Work. If the Customer does not notify the Company in writing of <br />any defects related to the Scope of Work during the warranty period then no warranty coverage will be provided. <br />Notification under this claim's procedure can only be in writing. <br />• Inspection: Once the Company receives written notification of a defect, the pool and/or pool deck will be inspected <br />within ten (10) days to determine if there are any issues related to defective materials or workmanship. <br />• Repair or Replacement: If defective materials or workmanship are determined by the Company to have occurred <br />during the warranty period, the travertine or other work performed as outlined in the Scope of Work will either be <br />repaired or replaced. This will be carried out at no charge to the property owner. The Company has the right to <br />choose between repair or replacement. <br /> <br />EXCLUSIONS: <br />Docusign Envelope ID: B4C2662D-2F37-49AF-9B7C-9B5EB7672877