Swimming Pool Contract 131 Savanna Estates Dr Cant on, GA 30115 5075 Old Hwy 5 Woodstock, GA 30188 (770) 521- 0708 Office (770) 521- 9994 Fax This agreement made this __ day of _________, 200 8 between ______________________ herein called Hom eowner and Classic Pool and Spa, Inc. herein called Cont ract or . The use of t he word Hom eowner in t his Cont ract shall include the singular and the plural. Whereas the Homeowner hereby warrants that the deed to said real property on which any work by Contractor is to be conducted is in the name of Homeowner and that said Homeowner have good record title to said real property located at ___________________________________________, hereinaft er called t he Propert y . In consideration of the premises and the mutual covenants hereinafter Contract and any document incorporated by reference herein, the homeowner agrees to purchase and the Contractor agrees to sell and install a swim m ing pool on t he hom eowner s propert y for t he sum of $ _________. The homeowner agrees to pay the total Contract price at the following intervals and amounts: Draw Milestone Description Due Contract Signing of Contract $1,000.00 Pool Dig Site excavation completed (pool dig) Steel Steel Rebar basket completed Equip Pool Equipment Delivered Plumb Plumbing/Equipment installation complete Shell Pool shell installed (shotcrete) Stone Stone Delivered (tile, flagstone, stone) Deck Deck installation Plaster Plaster installation (day of) FINAL Equipment Start- up (pool pump turned on by Contractor) Notes _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ For portions of this Contract containing Pool Equipment, Features & General Specifications see the Pool Specification Form, which is hereby incorporated into this Contract by reference herein. Company Note and Reference: Classic Pool and Spa, Inc. is the legal name of our company. The name Classic Pool & Landscape or Georgia Classic Pool is used strictly for marketing purposes. Marketing: Classic Pool and Spa, I nc. reserves t he right t o post a sign in Hom eowner s front yard for t he duration of the project described herein. Furthermore, Homeowner agrees to allow Contractor or its agents to take photographs of the job site during the project and upon completion of project. Homeowner agrees t o allow Cont ract or t o use said phot ogr aphs in Cont ract or s adver t ising or m arket ing ( our com pany CD, websit e or ot herwise) for Cont ract or. Cont ract or s website is www.GeorgiaClassicPool.com TERMS AND CONDITIONS Note: Any use of swimming pool before payment in full voids all warranties. Limited Warranties - Contractor warrants the project to be free from defects in material and workmanship for a period of 1 year from the date the pool pump is turned on by Contractor. This warranty may carry Page 1 of 4 ( 01- 01- 08) Homeowner initial ___ Contractor initial ___ forward to any future or new homeowners of the Property upon a prior written notification by the new hom eowner t o Cont ract or of t he new hom eowner s nam e, phone num ber, date of ownership and request for inspect ion, delivered t o Cont ract or s address indicat ed above wit hin 7 days of t he dat e of t he new hom eowner s ownership of t he pool and passing score on a com plet e inspect ion by Classic Pool and Spa, Inc. An inspection fee may apply and will be charged to the new homeowner. The Contractor does not warrant the pool plaster or pool equipment. The installer of the pool plaster provides the warranty for that portion of the project. All equipment is covered by the manufacturers warrant y. Site Excavation After the pool pump is turned on by Contractor, any site excavation conducted within a 30 foot perimeter from the edge of any concrete installed by Contractor or its subcontractors will void all warranties. Furthermore, modifications to pool design, hardscape additions and feature changes by anyone other than Classic Pool and Spa, Inc. will void all warranties. Any use of the pool before all payments are made to Contractor for the project described herein voids all warranties. Contract and Specifications This Contract and any documents incorporated by reference herein constitute the entire scope of the project and the parties are not bound by any oral expressions or representation by any agent of either party supporting to act for or on behalf of either party or by a commitment or arrangement not specified in the Contract or any document incorporated by reference herein. No additional work shall be performed without prior written authorization by Homeowner on a Change Order Form incorporated herein by reference and (supplied by Classic Pool and Spa, Inc.) showing the agreement terms and the additional work so added to the Contract and signed by Contractor and Homeowner. It is agreed that the total price under this Contract shall be increased by the price of such additional work; and that installments (draws) may be increased proportionally or depending on the scope of the Change Order Form and that the total cost of it may be payable by the date of the signing of the Change Order Form. All terms and conditions of this Contract shall apply to such additional work. Responsibilities of Contractor (Conditions and Limitations) Contractor agrees to do all work provided in this Contract in a good and workmanlike manner, but shall not be responsible for delays or failure to perform work when such delay or failure to act is as a result of an Act of God, inclement weather, war, riot, or other civil disturbances, labor disputes, government prohibition, non- issuance of all required permits effecting the swimming pool and adjacent areas, failure of homeowner to perform any obligation to be performed by him hereunder, nonpayment of any draw according to this Contract or other reason beyond Contractors control. Standard Features The pool price quoted covers all standard features noted on the Pool Specification Form, which is provided to the Homeowner and is hereby incorporated into this Contract by reference herein. The Pool Specification Form, along with this Contract, shall be signed by Homeowner at the time this Contract is executed. Pool Start- up and Final Payments All payments must be paid in full to Contractor no later than the date the pool pump is turned on by Contractor. If all payments in full are not current, the project will be delayed until all payments in full are made to Contractor. All payments made are a confirmation of Hom eowner s sat isfact ion wit h work perform ed by Cont ract or and/ or it s agent s or subcont ract ors. Pool Start- up Care and Responsibilities Once the pool is plastered and the pool is filled up with water, water chemistry and care of the pool is the responsibility of the Homeowner. Classic Pool and Spa, Inc. strongly recommends that your pool be serviced by a pool professional and Contractor can recommend service companies, but the ultimate decision and responsibility on who is chosen is up to the homeowner. Contractor disclaims any responsibility of any kind relating to any recommendation made by Contractor or its agents of or relating to any pool service provider recommended by Contractor or its agents. Once the pool is filled up with water, daily brushing with a nylon pool brush is required for the first 10 days, then 2 times per week for the next 3 weeks. Homeowner or its service company shall make sure the pH is stable for the first 7 days (or longer). The acceptable range is 7.2 to 7.6. Once the pH is stable, a water sample must be professionally analyzed for start up chemical recommendations. The pump should be run non- stop for the first 30 days from the date the pump is turned on. Correct chemical levels are imperative in order to preserve the plaster finish and should be maintained at all times. Responsibilities of Homeowner If Homeowner authorizes access to adjacent proper t ies for Cont ract or s use during construction, Homeowner is required to obtain permission from the owner(s) of adjacent properties for such use, and homeowner agrees to be responsible and to hold Contractor harmless from any Page 2 of 4 (01- 01- 08) Homeowner initial ___ Classic Pool initial ___ damages or injuries arising from Cont ract or s t heir agent s or any subcont ract or s ent rance ont o said properties. By signing this Contract, Homeowner agrees to the work scope outlined in this Contract and any document that is incorporated by reference herein. The homeowner also understands that the final pool layout, scope and size (free form pools) will generally differ from the original pool design. The Homeowner shall furnish any necessary variances and association permits or fees. In the event the homeowner does not obtain the required approval of the various associations to build the pool or a permit is not awarded by the county or otherwise, this contract will become null and void. Deposited funds will be returned from Contractor to Homeowner, less cost incurred by Contractor on this project. The Homeowner agrees to make payments called for by this Contract on time, even though repairs or work under this Contract may have been scheduled, but not yet performed. Any failure to make payments in accordance with the Contract may cause work to be stopped until payments are made. A late fee of 18% (APR) may be assessed. I f com plet ion of t he swim m ing pool is delayed by causes wit hin t he Hom eowner s cont rol for a period of 5 or more days, Homeowner agrees to pay the increased labor and material and equipment costs result ing from Hom eowner s delay. Cont ract or ret ains t it le t o all pool equipm ent and all m at erial used in t he entire project until the purchase price and any extras submitted on any document incorporated by reference herein are paid for in full. During the scope of this project, materials and equipment will be delivered to the Property on a regular basis. Once delivery to the Property has occurred, it will be the responsibility of the Hom eowner t o ensure his/ her hom eowner s insurance policy covers said item(s) in case of theft or otherwise. If theft or damage occurs, the Homeowner is responsible for the equipment and/or material loss. Any dam ages or cost s arising from Hom eowner s failure t o fulfill it s obligat ions under t his Cont ract , including delay cost s, shall be t he Hom eowner s responsibilit y. Shotcrete Shell and Concrete Pool Decks: Homeowner is responsible for wetting down the concrete shell twice daily for 10 days after the Shotcrete shell has been installed. And, if a concrete pool deck is installed, homeowner is responsible for wetting down the concrete deck twice daily for 10 days after the deck has been installed. Representation of Homeowner Unless otherwise specifically provided in this Contract, Contractor has entered into this Contract based upon the following assumptions of facts and warranties of Homeowner: a) That Hom eowner will provide adequat e access t o Hom eowner s own propert y or t hrough adj acent property for Cont ract or s const ruct ion equipm ent t o do t he work, at no cost and wit h no liabilit y t o Contractor or its subcontractors. Contractor or its Subcontractors will not be held liable for any damage that may occur to the driveway, sprinkler systems or property in general as a result of building this pool. b) That soil at and around the agreed upon pool site is compacted to at least 95% and has a bearing capacity of at least 1,000 pounds per square foot. c) That soil at and around the agreed upon pool site is not of such an unstable nature, and that water conditions are not at such a time, so as the preclude construction and operation at the manner and normal expense. d) That there will be no additional load condition that may be imposed on the pool structure by existing or proposed adjacent structures, which will require extra engineering. e) That the soils are suitable for the project described herein, there are no rock formations, hard pan conditions, subterranean water, boulders, cesspools, septic tank, septic tank lines, gas lines, water pipes, sewer pipes, drain pipes, irrigation pipes, underground electrical conduit or other underground obstructions or any other underground structure which would require blasting, jack- hammer work, larger than normal excavation equipment or which would otherwise require additional work not provided for in this Contract or other documents incorporated herein by reference and give rise to costs in excess of those provided in this Contract or any document incorporated herein by reference. Normal excavation time is 6 hours within pool site. If additional time is required due to Contractor encountering any issue or circumstance related to the above stated items or conditions, additional costs will be charged to the Homeowner and due to Contractor upon completion of said additional work. Contractor, its subcontractors and agents are not responsible for any damages or project delay resulting from Contractor encountering any of the above stated items or conditions at any time during the project. Homeowner agrees to hold Contractor, its subcontractors and agents harmless for any damages or delay caused by Contractor encountering any of the above stated items or conditions. If any of the foregoing assumptions of fact are not true, Contractor may, at its option, terminate this Contract with no further liability to either Homeowner or Contractor, except that Homeowner agrees to pay Contractor the actual cost of labor, materials, equipment, and permits already furnished and required to Page 3 of 4 ( 01- 01- 08) Homeowner initial ___ Contractor initial ___ restore the premises. It is understood, however, that the parties may, by mutual agreement in writing on a Change Order Form which shall be incorporated herein by reference in order to deal with such event. Note: Any changes made to this Contract have been noted within this Contract or any other document(s) incorporated by reference herein (and signed/initialed by both parties). Additional changes which are not noted on any of the above referenced documents are noted in the space below (and initialed by both parties): ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ _____________________________________________________________________ Homeowner _____ Contractor _____ Headings. The headings in this Agreement are for purposes of reference only and shall not limit or define the meaning herein. This Agreement contains the sole and entire agreement and understanding between the parties, along with any documents incorporated by reference herein and merges and supersedes any and all prior written or oral agreements, undertakings, representations or warranties of any nature whatsoever. Homeowner acknowledges that he/she has read this Contract in its entirety and received a legible copy of this Contract including all conditions contained thereof, and that no oral representations have been made except those explicitly included herein. Contract accepted by: Homeowner (s) _________________________________________________ Hom eowner s Signat ure Date Contract accepted by: Classic Pool and Spa, Inc. By: _________________________________________________ Vance Dover, President Date Classic Pool and Spa, Inc. Member: The Association of Pool & Spa Professionals (www.TheAPSP.org) The Better Business Bureau Page 4 of 4 (01- 01- 08) Homeowner initial ___ Classic Pool initial ___ This document was created with Win2PDF available at http://www.daneprairie.com. The unregistered version of Win2PDF is for evaluation or non-commercial use only.