GENERAL TERMS AND CONDITIONS
REPAIR CALL DISCLAIMER
Due to the nature of swimming pool/ spa repair and service work, Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools is not responsible for tangential
component failures or otherwise unrelated problems that may occur subsequent to repair service calls. Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools
will use diligence in troubleshooting and repair procedures, however simply touching some older components may exacerbate problematic conditions.
OTHER DISCLAIMER
I. Upon completion of service, Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools is not responsible for maintenance or clean-up of the swimming pool unless
this service has been requested in signature and agreed to in terms of the contract.
II. Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools is not responsible for damage to the swimming pool/ spa structure, coping or related items; or any of the
equipment if caused by slippage under and around the swimming pool/ spa, buried debris, surface water runoff, fire, flood, storm, earthquake, acts of God, or
the negligent maintenance of the swimming pool/ spa by the Owner or for any reason whatsoever, any town, city, county, state, or other municipal board.
III. Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools is not responsible for damage to winter covers during storage.
OWNER’S RESPONSIBILITY
I. Owner represents that he is the owner of the real property upon which the swimming pool/ spa work is to be performed and that no existing covenants and
restrictions hinder the performance of such work.
II. Under any and all circumstances the owner shall furnish and be responsible for the cost related to furnishing water, fuel and power for the services and
maintenance of the pool/ spa.
III. It is the owner’s responsibility to obtain any permit and pay any fee that may be required by individual municipalities as a pre-requisite for emptying the pool/
spa. The owner agrees to pay for any fines incurred due to the discharge of water.
IV. Owner agrees to have the swimming pool/ spa water level at proper operating level to start system. Owner agrees to have access to outside electric and water
and that all equipment must be accessible. Owner agrees to a $75.00 fee if Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools is prevented from starting or
completing scheduled services.
DELAYS
Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools agrees to perform work diligently, but our company shall not be responsible for delay or damages caused
by failure to perform work or to furnish materials or equipment due to acts of God, conditions created by the threat of or inclement weather, war, riot, or other
civil disturbances, strike, government prohibition, or delays caused by the Owner, not leaving access to the swimming pool/ spa.
WORK CHANGES
Requests for any changes or additions to this contract desired by the Owner shall be made in writing at a price as mutually agreed, signed by both parties and
shall be part of the contract. All sums for changes or additions shall be due and payable at the completion of work, as payment policy is COD.
MISCELLANEOUS
I. The parties agree that this written agreement contains all the agreements, understandings, and representations made by both parties herein and that no
representation or agreement, warranty or other statement, written or oral, made by Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools, agent or employee
or salesman, shall be valid and binding unless same is included and made part of this agreement. No amendments, alterations, cancellations or changes to this
agreement shall be valid unless in writing and subscribed by the Owner and Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools.
II. Owner agrees not to employ any of Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools employees or subcontractors of Ultimate In Pool Care, Inc. DBA
Chaikin Ultimate Pools without our company’s prior written consent.
PAYMENT
I. Before any work will commensurate or any materials ordered; a credit card authorization form must be on file with Ultimate In Pool Care, Inc. DBA Chaikin
Ultimate Pools.
II. Payments & Terms: Invoices are payable upon receipt. A finance charge of 1.5% per month (minimum of $3.00) will be applied to any invoice outstanding for
over 30 days. The parties hereto explicitly agree that in the case of default of the terms of this contract by the customer(s), customer(s) shall be liable for all
costs and expenses of collections, including reasonable attorney’s fees, court costs, disbursements and interest on the unpaid balance at 18% per annum.
Deposited checks that are returned by the bank are subject to a $35.00 fee. The terms of this agreement is a single season and may be cancelled by either party
in writing.
III. Any and all invoice disputes must be done within 30 days of invoice date or charge will be deemed valid.
WARRANTY
Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools warrants that all material used on completing the repair or work contracted herein will be of good quality
and the work will be in a competent and workmanlike manner. If any defects shall occur Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools will repair any
improper workmanship and replace and repair defective materials without cost to the Owner, provided the Owner has notified Ultimate In Pool Care, Inc.
DBA Chaikin Ultimate Pools of such defects within 24 hours after the completion of this service or repair, and further provide that the Owner has paid
Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools in full the agreed price of the work as set forth in this contract and has complied in full with the terms
and conditions of the agreement. Equipment, parts, or accessories purchased by Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools for use in this service or
repair is subject to the manufacturer’s guarantee. Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools shall not be responsible for any consequential damages
or contingent liability arising out of the failure of any product or it’s accessories to operate properly. The warranty is limited to the original Owner of the
swimming pool/ spa and is not transferable except upon written consent of Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools.
INDEMNIFICATION
Owner shall indemnify and hold Ultimate In Pool Care, Inc. DBA Chaikin Ultimate Pools harmless for any claims or litigation commenced against Ultimate In Pool
Care, Inc. DBA Chaikin Ultimate Pools due to the Owner’s breach of any provision of this contract.