Texas Pools Warranty
LIMITED WARRANTY
Texas Pools warrants all work performed under the SPCA to be free of defects in workmanship and materials for a period of one year from the date of completion of the “Interior Finish” phase of construction, with the exception of low voltage waterfall lights and transformers that are warranted ninety days from the date of completion of the “Interior Finish” phase of construction.
Equipment installed under the SPCA that is covered by a warranty issued by the manufacturer shall continue to be covered by the manufacturer’s warranty. Texas Pools agrees to service the equipment warranties to the full extent provided by the manufacturer’s warranty, but Owner shall be liable for any expenses not covered by the manufacturer’s warranty after the one year warranty period expires. Gunite installed under the SPCA shall be covered by the written warranty issued by the gunite company at the time of installation.
Texas Pools shall, within a reasonable time after Owner provides written notice of the request for warranty service, furnish all labor and material required to remedy any defect covered by the structural warranty. Service under any and all warranties will be provided within a reasonable time after Owner provides written notice to Texas Pools at the address and telephone number printed at the top of this SPCA, or at any other address provided to Owner by Texas Pools, and Owner must give this notice during Texas Pools’ regular business hours, which are 9:00 a.m. until 5:00 p.m. Monday through Friday. Texas Pools is under no obligation to provide warranty service outside of these regular business hours.
Texas Pools shall be liable for remedy of warranty items only and shall not be liable for any incidental or consequential damages, regardless of whether they were foreseeable, that may occur as a result of the failure of a warranted item.
The above warranties do not cover (1) discoloration, cracking, or movement of walks, decking or patios; (2) discoloration or staining of pool interior finish; (3) defects or failures caused by neglect, mistreatment, or improper usage by Owner and/or Owner’s invitees; (4) damage or destruction caused by an Act of God, war, terrorism, movement of earth or earth fill, or other forces beyond Texas Pools’ control; (5) damages resulting from Owner’s failure to keep the pool full of water, (6) structures that are placed so that the lowest point of the pool is below the water table, or (5) damage or destruction caused by any third party.
Owner acknowledges that the start date of the above Limited Warranty is the date of the completion of the “Interior Finish” phase of construction, and that the above Limited Warranty becomes EFFECTIVE only upon receipt by Texas Pools of the final payment provided for in the SPCA and payment in full of any additional charges that may accrue under the terms of the SPCA. Failure to pay any sums due to Texas Pools shall give Texas Pools the option, at its sole discretion, to suspend or void any and all warranties. Suspension or voiding of any warranty by Texas Pools does not change the start date of the warranty.
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