AQUALINE POOL RESURFACING Pty Ltd
Terms and conditions of sale
1. PAYMENTS
Payments are strictly C.O.D
Payment is to be made on completion of the work(s) (not including filling the pool). Re-filling the swimming pool or spa (if part of Aqualine Pool Resurfacing’s contract) will be completed after full and final payment has been received.
Interest will be charged at 10% per annum for late payments.
Upon payment the property affixed for the purposes of the Contract at the date of the said payment shall forthwith pass to the Customer.
If bladders have been use on the works and C.O.D payment has not been received in full, additional costs as per clause 3(l) will apply.
2. WARRANTIES
The contractual warranties set out below are in addition to, and in no way exclude or limit, the statutory conditions or warranties implied into this Contract by the Trade Practices Act and other Commonwealth State or Territory Law.
The contractual warranty covers any defects discovered in the works carried out by the Contractor provided that such defects are due to faulty workmanship and/or the use of faulty or inappropriate materials on the part of the Contractor.
Period(s) of Warranty are:
7 Years for full fibreglass resurfacing.
3 Years for Epoxy 2 pack pool painting.
The contractual warranty further covers any defects due to faulty workmanship and/or faulty or inappropriate materials discovered in any accessories or any other items installed by the Contractor. The Contractor shall rectify any such defects during the period of warranty, if any, as offered by the manufacturer of those items from the date of installation.
The Customer acknowledges that the Contractor may not be obliged to carry out any work pursuant to the above stated CONTRACTUAL warranties while any moneys are due and owing to the Contractor under this Contract. However if such moneys have been set aside so as to not be accessible to the parties until the parties are in agreement or until disputes relating to the moneys are otherwise resolved, the Contractor agrees to carry out any work required by CONTRACTUAL warranties. Please note all warranties are subject to pool water being maintained in accordance with the relevant Australian standards.
3. NOT INCLUDED IN THE CONTRACT PRICE:
The following items are not included in the Contract Price, and the Customer agrees that it is the Customers responsibility to ensure that separate agreements are made with the Contractor or some other person in relation to:
a) Engineers inspection and consultation fees if found to be necessary after commencement of work.
b) Suitable provision for the disposal of water from the pool and waste liquid created whilst carrying out the works.
c) The cost of water to carry out the works and (if necessary) refill the pool.
d) Re-filling the pool - unless specifically stated on the quotation as part of Aqualine Pool resurfacing’s offer.
e) The cost of electricity used in the course of carrying out the work.
f) The cost of electricity or gas supply or connection(s) to any of the equipment.
g) The cost of overcoming conditions that were not evident or made known to the Contractor prior to or at the time of signing this contract including earthworks or conditions below the surface of the pool or its surrounds.
h) Additional cost incurred due to any latent condition causing additional labour and/or materials costs.
i) The cost of removing and/or replacing fencing or access of the provision of a temporary safety barrier during any execution of the works.
j) Where the works necessitate excavation or the removal of an existing pool either in part of whole and should it become necessary to provide shoring form work or backfilling as a result of a collapse of the works or to remove the effects such collapse.
k) Any work cause by pool movement whilst in the process of the contractual work being undertaken by the Contractor. This includes but is not limited to floors, walls bulging or cracking or pool lifting due soil movment or underground water pressure.
l) The cost of the extended hire of the contractors bladders, if the extended use of the bladders is caused by or requested by the customer. Extended use of the bladders will be charged at $50 per 10,000 litres per day.
j) The contractor reserves the write to (at its discretion) dispose of the water being held in any bladders in use on the site and retrieve the bladders at no cost to contractor.
THE CUSTOMER AGREES TO PAY THE CONTRACTOR ANY ADDITIONAL COSTS incurred in the erection of such shoring or form work or in removing or overcoming the effects of such collapse.
4. CONDITIONS OUTSIDE THE CONTRACTORS CONTROL
The following are not the Contractors responsibility:
a) Damage associated where no hydrostatic valve exists or where an existing hydrostatic is inoperable provided all reasonable precautions have been taken by the Contractor.
b) Damage or injury associated to anyone other than the Contractor or his personnel walking in or falling into the pool whilst empty.
c) Settlement of paving.
d) Settlement or structural failure where such condition was not evident at the time of entering into the Contract.
e) Minor cracking (not of structural significance) caused by shrinkage or differential settlement where alterations and/or additions are carried out to the Structure.
f) Pool movement beyond the control of the contractor.
5. VARIATIONS OF THE CONTRACT
All requests by either party of any variation in the works or their process shall be confirmed in writing and shall be subject to acceptance by the other party, at a variation in price to be agreed upon in writing and subject also where necessary to additional time being agreed for completion of the works. Payment or credit allowance for such variation in the works or their process shall be made at the time of making the payment appropriate to the nature of the variation, in accordance will Claus 4.
6. CUSTOMER’S ENTITLEMENT TO CARRY OUT THE WORKS AND INDEMNITY OF THE CONTRACTOR.
The customer warrants that he is entitled to have work done on the property and agrees to produce evidence of such entitlement upon request. Where the proximity of boundaries are relevant, such boundaries and the area of which the works are to be done shall be clearly identified by the customer prior the commencement of works and the customer hereby indemnifies the Contractor against all claims, actions, proceedings and the demands which may be made or brought or threatened by any other person claiming to be the rightful owner of the construction sight or which may be made, brought or threatened by any other person in respect of alleged encroachment of the works or which may be made, brought or threatened in respect of adjoining property.
7. MEANS OF ACCESS
The customer shall at his own expense provide for the Contractor suitable access to the property at all reasonable times for equipment as required the Contractor and his personnel and materials, and the contractor shall not be liable to the Customer for any damage to driveway, footpaths or any other private or public property caused by reasonable acts of the Contractor necessarily done while gaining access as aforesaid to the property via the access provided, consistence with Contractor’s obligation to render services with due care and skill.
8. SUSPENSION OF WORK
If the customer defaults in the one payment of any moneys payable in accordance with this Contract the Contractor shall not be obliged to carry on the works, until such moneys are paid and contractor shall be entitled to claim in writing a fair and reasonable extension of time for completion of the works.
9. INSURANCE
The Contractor Agrees to effect reasonable and adequate Public Liability and Workers Compensation Insurance to indemnify the Customer in respect of the works carried out under this contract and agrees to produce evidence of such insurance, upon request by the customer.