Vinyl Liner Installation/Replacement Agreement

 

Customer: ________________________________

Site Address: ______________________________

City: ________________________________         State: ________             Zip Code: __________

Home Phone: ___________________________     Work Phone: _________________________

Pool Information: ________________________

 

 

(Name) ____________________________________________________ [hereinafter referred to as owner(s)] HEREBY AGREES WITH WBS POOL INSTALLERS (hereinafter referred to as contractor), only under and pursuant to the terms and conditions herein after set forth for the removal and replacement of an in-ground/above-ground pool liner on the owners property located at the address stated above.

 

Terms and conditions of this agreement

 

  1. The Contractor must quote all applicable removal, repair, and installation charges to the Owner before commencement of work. After work has begun, any conditions which arise that requires additional charges will be discussed with the owner(s) and approved prior to the work being completed.
  2. Owner is responsible for the marking of any power, phone, cable lines, water and gas pipes, septic tanks and any utility or other underground pipes and obstructions that may be damaged by the Contractor’s equipment in the process of removing the liner, repairing any damage to the pool, or installing the new liner.
  3. Owner unconditionally and irrevocably acknowledges they have checked with local authorities and other third parties and obtained any permits or approvals if needed, according to local codes or other applicable agreements and present such permits and approvals to the Contractor prior to commencement of work.
  4. Contractor assumes no responsibility for damages to shrubs, trees, grass, walks, driveways and other things appurtenant to the land such as sprinklers, resulting from the bringing of equipment by the Contractor needed at the site. 
  5. If after removal of the existing liner, it is discovered that the structural integrity of the pool or ground is unsafe to continue, or local authorities stop excavation because of a lack of proper permits, the Contractor will be reimbursed by the Owner at the rate of $100.00 for the first hour and $25.00 for each additional 15 min or portion thereof, for work completed, even if the Contractor must cancel the work.
  6. The Owner(s) assume all responsibility for the existing condition of the pool walls and floor of a vinyl liner replacement. The Contractor has no prior knowledge of the condition of the pool structure and upon draining the pool, assumes that the condition is such that removal of the old liner and installation of the new liner can be accomplished without reworking the existing pool structure. If after draining the pool and removing the old liner, the Contractor cannot install the new liner because of the unsuitable condition of the walls or floor structure, it is the Owner(s) responsibility to repair the structure before the Contractor will complete installation of the liner. The Contractor will complete the installation at a later date or be paid at the time for work completed at the rate of $100.00 for the first hour and $25.00 for each additional 15 min or portion thereof.
  7. The Contractor affirms that the installation of pool liners is done in accordance with manufactures procedures and standard industry guidelines, and that the contractor does not manufacture the product(s) itself and/or any product(s) relating thereto. As a result thereof, Owner(s) agree to indemnify and hold harmless contractor from any and all liability, including Owners counsel fees and court cost in any claim arising from any defects of any kind in said product(s) and from any liability arising out of any court cost in defending any claim arising out of any warranty including but not limited to the warranties of merchantability and fitness for any particular use or purpose.
  8. The Contractor shall not be held liable for incidental wrinkles in the liner or imperfections in the surface of the walls and floor beneath the liner. In some instances, obtaining and/or replacing out of production parts may not be possible. If such condition exists, it is the Owner(s) responsibility to provide the parts to the Contractor to complete the installation. If the parts are not supplied at the time of installation, the Owner(s) will reimburse the Contractor for work that is done in accordance with the provisions of paragraph 5. Owner(s) agree to indemnify and hold harmless contractor from any and all liability for failure to complete installation as promised because of any act or situation beyond the contractor’s control, any unknown or unforeseen ground conditions which may cause damage to the pool, and any liability including counsel fees and costs in defending any claim arising from any aforesaid conditions or events.
  9. All amendments must be made in writing and signed by both Owner(s) and Contractor.
  10. No waiver or any breach or condition of this agreement shall be determined to be a waver of any other or subsequent breach or condition whether of like or different nature
  11. The Contractor will remove all pool packing materials and debris from the installation site.
  12. The Contractor warrants the installation for a period of one year.

 

 

I(WE) HAVE READ, AND FULLY UNDERSTAND AND UNCONDITIONALLY AGREE TO THE ABOVE STATED TERMS AND CONDITIONS OF THIS AGREEMENT. I (WE) HEREBY UNCONDITIONALLY AGREE TO PAY THE SUM OF $ ____________ PLUS ANY ADDITIONAL AGREED UPON AMOUNT AT COMPLETION OR TERMINATION OF THIS AGREEMENT.

 

 

 

Representative of WBS Pool Installers: __________________________________ Date:__________________

 

Owners Signature: __________________________________________________ Date: _________________

 

 

 

Attachments:        ________________________

                                ________________________

                                ________________________

                                ________________________