TERMS, REGULATIONS AND FINANCIAL CONDITIONS
1. Any fees or licenses required for the express purpose of discharging or draining pool water due to municipal, environmental or regulatory laws shall be the responsibility of the Pool Owner/Agent. Specific work will be rescheduled after applicable permits are secured and the Pool Owner/Agent gives specific instructions to The Pool Company for the disposal of pool water. Absent such instructions, The Pool Company will drain water to a location, which it believes to be appropriate. Pool Owner/Agent indemnifies and holds harmless The Pool Company from any direct, indirect or consequential damage or fines resulting from disposal of pool water.

2. It is the owner’s responsibility to have a pool cover pump, and to ensure that the pool cover is free of water and debris prior to arrival of the pool company service crew to open the pool/ remove cover. If the cover is not free of water at service, The Pool Company may, if time permits, pump off cover at an additional fee and service pool. If The Pool Company is unable to service the pool, said service visit will be rescheduled as time permits and a rescheduling fee of $144 will be charged. If you do not have a cover pump, The Pool Company can provide one for an additional fee.
3. In the event Pool Owner purchases equipment and requires The Pool Company to install the equipment, all equipment must be removed from shipping packaging and placed by system, prior to our arrival. Pool Company is not responsible for any shipping damage and all equipment is covered under manufacturer’s warranty, any problems with it there will be a diagnostic charge, no free extended labor warranty on merchandise. Customer is responsible for contacting place of purchase for any warranty issues. Additional charges may apply if there is any problem with the equipment during installation.
4. For equipment purchased through the Pool Company, Pool Company will help in initiating the warranty claim. TPC is not responsible for the condition of the pool while awaiting the warranty part. It will be the owner’s responsibility to continue to maintain the pool. Such equipment includes: Heaters, filters, automatic cleaners, pumps, salt generators. Customer is responsible for payment of any parts after the manufacturer’s warranty has expired. Workmanship on any piping 30 day warranty.
5. Pool owner/ Agent will provide fresh water, electricity and applicable permits as necessary. Pool area shall be free of any hazards including but not limited to: bees, wasps and poisonous foliage. Homeowners must properly maintain all electrical boxes to prevent electrical shocks. A return fee may apply if we need to return due to such matters and can not perform the work.
6. The Pool Company at its option, may reschedule any service date. Home Pool Maintenance will usually be performed on the contracted assigned day(s) specified but may be changed without notice due to weather or other circumstances. Pool Company’s service performance is contingent upon, but not limited to: illness, availability of crews, accidents, Acts of God and delays beyond its control.
7. For Pool Owners requiring acid/chlorine for cleaning pool surface, there is no guarantee that the pool finish will improve in appearance. The Pool Company has the discretion to determine which process is best to clean the surface, either chlorine or acid. Extra charges may apply for scraping, extra chemicals to clean surface of pool, extra hoses required to run to the street, or removal of debris in pool. Please refer to our drain/wash terms and conditions. We are not responsible for water tables and the possibility of a pool popping out of the ground when left empty or while draining the pool.

8. Aftercare on new pool plaster surfaces. It is the owner’s responsibility to provide The Pool Company with plasterers specific aftercare instructions that apply to their specific plaster. Company will follow those instructions and are not responsible for any discolorations, imperfections, modelling , streaking that is not uncommon. The Pool Company, LLC will not be responsible for any color variations that may occur during the curing process, nor any imperfections or irregularities that may occur during the lifetime of the plaster. TPC follows all guidelines provided by the homeowner and performs with maximum care of the plaster finish.
9. All proper and necessary procedures are followed winterizing lines. Due to age of lines and severity of winter there is no guarantee of line breakage. 10. The Pool Company will, upon request, supply a certificate of insurance to the Pool Owner/Agent. The Pool Company carries workers’ compensation insurance, liability insurance and property damage insurance. Certificates of insurance are available upon request.
10. The Pool Company assumes no liability with respect to the present or future status of Pool Owner/Agent’s pool, any pool finish such as Plaster/liner/fiberglass and/or equipment conditions. TPC is not responsible for staining, bleaching, streaking, blotching etc. over time. It is the owner’s responsibility to immediately within 24 hours of any incident report any TCP negligence of such.
11. The Pool Company assumes full responsibility for acts of negligence or omissions of all its employees on the Pool Owner/Agent’s premises.
12. The Pool Company is a Certified Pool Operator and Certified Pool Technician.
13. Special requests by Pool Owner/Agent for Home Pool Maintenance visits other than those specified within the context of this contract will be billed separately at The Pool Company’s established material and labor rates. If working with an agent, the pool owner is also liable for payment if the agent defaults.
14. This agreement is not binding until both parties execute it, and such time as the “due upon acceptance” fee has been paid. Weekly service will continue until we are notified in writing and be confirmed by our office to discontinue weekly visits. Notice must be given a minimum of 1 day prior to next visit. No refund will be given to Valet Packages for early owner termination. If TPC terminates a prorated refund will be issued.
15. Contracts which require payments on a scheduled basis may be canceled on a 10 day written notice by Pool Owner/Agent. If said cancellation is made within the terms of the contract, all charges from the beginning of the contract will revert to ’Time and Materials’ basis at The Pool Company’s established rates. Additional invoice(s) will be rendered within 60 working days of the termination date and will be due on receipt. The Pool Company may cancel this contract at any time upon 30 days written notice to the Pool Owner/Agent.
16. The Pool Company will not be responsible for any damage to pool when owner supplies the chemicals and request TPC to administer.
17. A finance charge of $15.00 per month will be added to all amounts not paid within 15 days of the invoice date.
18. If any payment is not received within seven working days of invoice date, all service may be suspended until overdue account is satisfied.
19. Pool Owner must notify The Pool Company of any discrepancies within one day of service. Any deposit/ retainer will be applied to their final invoice. If a balance, refund to customer will be made in same manner as original payment method.
20. Disputed items of service must be brought to The Pool Company’s attention within 5 days of the Disputed Service /or invoice date and shall not be cause for withholding payment beyond the value of disputed items of service.
21. Pool Owner OR THE POOL COMPANY, LLC may cancel the service AND /OR PRODUCT for a full refund PRIOR TO OUR ARRIVAL. Items are ineligible for a refund after installation. If an item was a special order such as a heater 15% restocking may apply. No returns on items after installation. CANCELLATIONS MUST BE MADE IN WRITING AND VERBALLY TO OUR OFFICE. EMAILS ALONE ARE NOT ACCEPTABLE BECAUSE EMAILS CAN BE SENT IN OFF HOURS AND WE MAY NOT BE ABLE TO BE CONFIRM PRIOR TO THE JOB IF THE JOB IS ALREADY IN THE SCHEDULE.

The Pool Company, LLC
173 Rivervale Road River Vale, NJ 07675
Phone: 201-722-1765
Fax: 201-664-3185

Please retain this copy for your records.