Aqua Oasis Pool Construction, LLC - CONTRACT DETAIL The following contract detail is and extension and the execution of the formal attached quotation / contract and the detail contained therein for your pool construction. Please carefully review the attached quotation. 

 

To assure that your pool building experience is both enjoyable and satisfying, Aqua Oasis would like to explain the following items in detail. Please initial next to each item that you understand and agree. If you have any questions, please ask your sales representative for clarification.

 

I understand that it is my responsibility to provide adequate access to the construction site. I am responsible for removing fence panels, sprinkler systems, flower beds, decorative rocks, trees, etc., in order for the construction crews and equipment to begin work.

 

I understand that Aqua Oasis is not responsible for any damage to irrigation lines, driveways, sidewalks or any grassy area that had to be transgressed during the construction process.

 

I understand that it is my responsibility to provide a survey of my property to enable proper placement of my pool and avoid any encroachment beyond my property line or any applicable setback lines, and to avoid contact with any underground utilities.

 

I understand that if because of the slope of my yard additional fill dirt or retainer walls are needed, those are my responsibility. (IF NEEDED) I understand that removal of groundwater and dirt is necessary, Aqua Oasis will install wellpoints at my  expense and that I will be advised prior to and  in advance of such charges should they become necessary.

 

I understand that a survey, drainage plan, final survey and engineering (if needed) are my responsibility. I understand that installation of a natural or propane heater gas line is my responsibility.

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I understand during the construction process that all pets and animals must be secured while workers are present. I understand that the construction process takes an average of five (5) to eight (8) weeks and that a construction employee will not be on site every day. There are periods in the process that will require waiting on materials to cure, county inspection schedules, etc that will not require workers on site.

 

I understand the payment schedule as outlined on my contract. I understand that I am responsible for all payments. I also understand any delay by me might cause a delay in the construction process and that crews may not be in position to return promptly after payments are caught up. I understand that draw schedules are merely a timeline and do not reflect actual project progression.

 

I also understand that Aqua Oasis does not ever guarantee pool readiness for rental deadlines. I understand that final payment is due at water fill and because customer/builder has responsibility in some items that could hold up final C.O., final payment cannot be held up pending outcome or timing of final C.O. I understand full payment of the contract validates and starts my warranty period and that until my contract is paid in full, I will not receive no repair or warranty work of any kind.

 

I understand that decks are not a part of my pool and that deck cracks are not covered by my pool warranty. I understand any changes to the contract requires a Change Order signed by me and paid by me prior to my pool being plastered.

 

I understand that payments made by credit card may be charged a service fee of 3.5%. I understand that normal permit fees are included in my contract and that Aqua Oasis will make every effort to expedite the process and Aqua Oasis has little control of permit timing. Accepted this I understand that I have 24 hours upon signing to cancel this contract. Beyond 24 hours, a 15% penalty will be applied or my 15% deposit will be retained by Aqua Oasis. , day of  Owner's signature STANDARD SWIMMING POOL CODE REQUIREMENTS RELEASE  , 20.

 

I, hereby state that I have received copies of the Safety Barrier Guidelines for Home Pools, Residential Swimming Pool Safety Act (Florida Statutes) and the Florida Building Code pertaining to outdoor swimming pools/spas. I have read and I understand what is required by the applicable state and local regulations to meet requirements for a final inspection to clear the building permit process, and to insure that I have meet the safety requirements of the Florida Swimming Pool Safety Act, enacted in October 2000.

 

I understand that local jurisdictions (building departments issuing the building permit) cannot approve a final inspection and issue a certificate of completion for a residential swimming pool or spa over 24 inches deep unless it meets at least one or a combination of the following requirements. Brief summaries of the safety requirements required by law are stated below. Details of these requirements may be found in the Florida Statues and the Florida Building Code. 1. The pool must be isolated from access to the home by an enclosure that meets the pool barrier requirements of Florida Statue 515.29 and Florida Building Code 424.2.17. 2. The pool may be equipped with a safety cover complying with the specifications of the American Society for Testing and Materials Standard F-1346-91 in order to meet the Florida Statues and the Florida Building Code. 3. When a wall of the home serves as part of the barrier to the pool and the wall has doors or windows that provide direct access to the pool, these doors and windows must be equipped with an exit alarm that provides a continuous sound and has a minimum sound pressure rating of 85 decibels at 10 feet. Any alarm that complies with Underwriters Laboratories Standard Number 2017 may be used to meet the swimming pool safety provisions in chapter 515 of the Florida Statutes.4. Any wall of a home which has doors that provide direct access to the pool may be equipped with a self latching device with a release mechanism located at least 54 inches above the floor and opens away from the pool will meet the safety requirements. Anyone who fails to equip a new residential swimming pool with at least one pool safety feature as required by the Florida Statues and the Florida Building Code commits a misdemeanor of the second degree, punishable as provide in Florida Statue 775.082 and 775.083 (60 days imprisonment or fine of up to $500); except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required by the Florida Statues and the Florida Building Code and has attended a drowning prevention education program established by Florida Statue 515.31.

 

This contract can be cancelled by the homeowner up to 24 hours after signing. After 24 hours of contract signing the customer will forfeit the full initial deposit total up and including the 15%. This fee covers administrative fees, drafting and engineering fees leading up to contract signing. I hereby grant my consent for Aqua Oasis to use concept drawings and photos of my pool with address non-disclosed on social media and website platforms for promotional purposes. Aqua Oasis further warrants its work to be free from defects in materials and workmanship for a minimum period of one year form the date pool is plastered. Leaks that occur, other than structural, are warranted for twelve (12) months. Equipment installed under this contract carries manufacturer's warranty, and servicing or replacement of such items shall be charged for if they exceed the limits of said manufacturer's warranty. Aqua Oasis is not responsible for warranty or problems related to failed wi-fi or internet connection. Aqua Oasis shall not be responsible for defects or failure caused by obvious mistreatment or neglect by owner, or the owner's representative, i.e. pool service company. Plaster is not guaranteed against discoloration or staining, inasmuch as this commonly due to local water conditions, improper use of chemicals or lack of cleaning. Walkways and decks are not a part of the pool and the owner understands that there is no warranty covering same against cracking, raising or settling. It is the very nature of concrete to crack due to its expansion and contraction. Aqua Oasis strives to control cracking by the use of construction joints cut in the concrete. Despite our very best efforts to control cracks by the use of these construction joints, cracks do occur at times in places other than the construction joints. The foregoing guarantee and warranty shall extend from the date specified, but shall not be effective until the owner has made final payment otherwise complied with all terms and conditions of this contract. No warranty will be extended until all contractual payments and change-orders are paid in full.

 

GENERAL TERMS AND CONDITIONS Owner agrees to provide an up-to-date survey of his property to  Aqua Oasis, if required; to point out his property lines to Aqua Oasis  Pools and to be fully responsible therefore; to assume full responsibility for the pool location and other work covered hereby being within his property line and not in violation of applicable setbacks, easements or other restriction; to provide adequate and substantial access and working area for  Aqua Oasis' employees and equipment, and if permission of others be needed therefore, to obtain such permission; and to indemnify and hold  Aqua Oasis harmless with respect to all of same.  Aqua Oasis is not responsible for damages to driveways, curbs, sidewalks, sewers, patios, lawns, shrubs, or other appurtenances, and the owner hereby agrees to assume all responsibility and risk thereof. The price herein provided does not include performing any of the work during inclement weather, and if the owner desires any work to be done during such weather, the pool owner agrees to pay the increased cost thereof. Aqua Oasis's performance hereunder is contingent upon delays due to fire or other casualty, acts of God, strikes, accidents, delas of suppliers or carriers, inclement weather, flood, unusual water table change, or any other causes beyond Aqua Oasis'  reasonable control. The price herein provided, unless otherwise specifically noted herein, assumes that Aqua Oasis will encounter no subsurface water requiring the use of a well-point or other dewatering system for its control during construction, no rock, hardpan or other subsurface material requireing use of a compressor or blasting for its removal, no underground obstruction such as pipelines and masonry, and no unanticipated undergroundd conditions (and it is hereby stipulated that none of the following is anticipated: water seepage, filled ground lower than three feet below the surface, or ground of inadequate bearing capavity); and Aqua Oasis agrees that if it encounters any such subsurface water, or any such materials, obstructions or conditions, the pool owner will pay to Aqua Oasis the additional costs resulting there from. Utilities: It is contemplated that the electric current will be supplied from the present panel, and if it be inadequate to operate the pool; the additional cost of providing for adequate electricity shall be paid by pool owner. Cost of water for construction and filling pool and startup chamicals shall also be borne by pool owner. Unless otherwise expressly stated herein, site preparation, including removal or protection of trees, shrubs, grass and other vegetation, removal of pipelines or other improvements affected by this construction, shall be done by pool owner, and at such times as so not to interfere or delay Aqua Oasis. The contract price includes the Building Permit Fee, if required, but does not include the cost of any surety or other bonds that may be required, or the cost of any Federal, State, or local taxes (other than sales and use tax on materials) that might be imposed on this transaction, and any cost incurredby Aqua Oasis for any such items shall be added to the contract price. The price herein provided contemplates that Aqua Oasis may proceed with the work without interruption, and should Aqua Oasis  Pools be delayed by act, neglect, or breach of pool owner, or any other worker employed by pool owner, said owner shall pay Aqua Oasis the additional costs or damages to Aqua Oasis resulting there from. Aqua Oasis may sublet any portion of the work. In the event pool owner desires to make changes during he course of construction, Aqua Oasis shall not be bound to make such changes unless and until pool owner shall give written notice to  Aqua Oasis of said change by the execution of a Change Order. The lack of said written notice shall not waive Aqua Oasis' right to collect for any changes and all expenses or costs of labor and materials involved in said change shall be paid by pool owner. The original contract price is payable as provided on the reverse side hereof. Any additional amounts to be paid by pool owner shall be due and payable ten (10) days after the receipt of invoice therefore. Delinquent payments shall bear interest at the rate of 1% per month until paid. If any payment shall be more than thirty (30) days delinquent, then, in addition to all other remedies allowed by law or by terms hereof, pool owner grants to Aqua Oasis the right, at Aqua Oasis's sole action, to remove any filtering and deck equipment therefore furnished by Aqua Oasis hereunder, and the right to come on to pool owner's property for such purpose at any reasonable hour. Should Aqua Oasis exercise such rights,the amount otherwise owing to Aqua Oasis by pool owner, whether as payment hereunder as damages, shall be reduced only by an amount equal to the reasonable value to Aqua Oasis, at time of removal of the equipment as removed. Should pool owner breach any term hereof, or default in payment of any invoice, and should Aqua Oasis Pools bring suit to enforce such term or for breach thereof, or to collect such defaulted invoice or invoices, pool owner shall pay the reasonable attorney's fees and other costs incurred by Aqua Oasis in such suit. 

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