& CONDITIONS OF CONTRACT FOR POOL CONSTRUCTION & REMEDIAL WORK.
This quotation is based on prices ruling at the date
of quotation. All prices are nett unless otherwise stated and are valid for 30
days from the date of quotation.
POOL CONSTRUCTION REMEDIAL WORKS
1. 20% deposit on placing 1. 40% deposit on placing
2. 35% on commencement 2.
60% on completion.
3. 35% when liner fitted and
4. 10% on completion.
The contractor reserves the right to withdraw from
site if the contract payment schedule is not adhered to. Any overdue payments
will be subject to a monthly interest rate of 4%. Any variation on this
quotation must be in writing and signed by both parties with payment due in
full at completion of contract to which this variation applies. Title and
ownership of the pool fixings and/or equipment will not pass until final
payment has been made, any equipment being recoverable by the contractor in the
event of non-payment.
The customer agrees to allow access to site for this
All prices are subject to V.A.T. at rate in force at
date of supply.
The customer warrants that he owns the land or
premises in which the pool is to be constructed. The customer also agrees to obtain planning
permission, building bye laws consent and relaxation of any covenants on the
property where required. While the contractor shall make every effort to carry
out the work in a neat and efficient manner, this agreement does not cover
reinstatement of lawns, trees, shrubs, driveways, paths and paving etc. damaged
during installation and access to site.
The quotation price has been calculated on a surface
inspection of the site on the assumption that the digging will be normal. Any unforeseen difficulties such as rock,
running sand, ground water seepage, underground obstructions, underground
services requiring re-routing or unstable conditions for pool construction will
be dealt with at extra cost to the customer at current machine, materials and
labour costs. In extreme cases it may be necessary to alter the location,
specification or elevation.
In the event of completion being delayed by the
customer, or to await completion of other works by the customer, or other
contractors appointed by the customer, or to avoid working in winter
conditions, full payment for the work completed and any materials or equipment
on site shall be due for payment. Any damage to the pool, fittings, or
equipment by other contractors appointed by the customer shall be charged at
current material and labour costs. The
customer will provide electricity and water required for this contract.
All normal risks and insurance shall be the
contractor’s responsibility until the installation is handed over to the
customer. After handing over, the
customer shall be responsible for the insurance, care, maintenance, and
cleanliness of the pool and equipment.
The contractor shall not be liable for damages on the account of delays
or losses due to fire, theft, strikes, lockouts, exceptionally inclement
weather, shipping delays or other causes beyond the contractor’s control. After handing over the contractor cannot be
held responsible for Acts of God, which affect the installation.
Quotations for remedial pool works, repairing or
fitting new pool liners or carrying out repairs are calculated on a surface
inspection only and any extra works found necessary, which were unknown or
hidden before work commenced, shall be charged at extra cost after prior
consultation with the customer. All such variations to be in writing and signed
by both parties. When emptying pools
while exercising every precaution, external pressures can cause damage to the
pool construction, and unforeseen delays can cause liner shrinkage. All such
risks are the customer’s responsibility. When fitting a new pool liner a
wrinkle free fit cannot be guaranteed, although every effort will be made to do
The liner pool structure is
guaranteed for a period of ten years. The liner has a five year pro-rata
guarantee. All remaining pool equipment carries the manufacturer’s guarantees,
usually one year. The contractor undertakes to replace or repair, free of
charge any defect arising from faulty design, workmanship, or materials within
the stipulated periods. The guarantees exclude consequential losses of any kind
All disputes arising from this contract shall be
submitted to a mutually agreed Arbitrator.
If the choice of Arbitrator is not agreed within 28 days, then either
the President of SPATA or the President of The Chartered Institute of
Arbitrators shall appoint a qualified Arbitrator whose decision shall be final.