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Terms & Conditions

A legal disclaimer

RBT POOLS & SPA INC.

MASTER TERMS & CONDITIONS

Swimming Pool Service, Maintenance, Repair & Construction – State of New Jersey

These Terms & Conditions govern all services, repairs, construction, maintenance, inspections, openings, closings, chemical service, equipment service, and site work performed by RBT Pools & Spa Inc. (“Contractor”). Acceptance of any estimate, invoice, service agreement, or commencement of work constitutes full acceptance.

1. Scope of Work

Work is limited strictly to services expressly listed in the written estimate or invoice.
No verbal statements modify scope. Any additional work requires written authorization and will be billed separately.

2. Property Ownership & Authority

Client represents they are the legal property owner or authorized agent and have authority to contract for the work.

3. Access & Site Conditions

Client must provide safe, unobstructed access for personnel and equipment. The following constitute a billable visit even if service cannot be performed:

  • Locked gates or structures

  • Animals not secured

  • Blocked equipment

  • Unsafe conditions

  • No utilities available

Contractor may suspend work for safety concerns without liability.

4. Underground & Hidden Conditions

Client is solely responsible for underground utilities, gas lines, irrigation, septic systems, wells, drainage lines, buried debris, or obstructions.
Discovery of such conditions results in additional charges and schedule delays, for which Contractor bears no responsibility.

5. Site Damage Disclaimer

Due to the nature of excavation, service access, and repair work, damage may occur to landscaping, lawns, paving, stone, fences, curbs, sidewalks, irrigation, decorative features, or structures. Client accepts this risk.

6. Equipment & Infrastructure

Contractor is not responsible for:

  • Pre-existing defects

  • Improper installation

  • Aged or undersized systems

  • Equipment failure

  • Hidden plumbing or electrical defects

Service does not certify equipment condition.

7. Chemicals & Water Balance

Water chemistry depends on environment, weather, usage, and system function.
No guarantee of clarity, readings, or algae prevention is made. Multiple treatments may be required at additional cost.

8. Algae, Stains, & Water Conditions

Algae removal, stain treatment, filtration correction, phosphate removal, or remediation are excluded unless specifically contracted.

9. Rental, Tenant, & Third-Party Use

Client remains liable for actions of tenants, guests, renters, or third parties. Misuse voids all service assurances.

10. Code Compliance

Client is solely responsible for municipal, zoning, HOA, and health code compliance. Routine service does not ensure inspection passage.

11. Permits & Variances

Permits and variances are the Client’s responsibility unless otherwise stated in writing.

12. Weather & Force Majeure

Contractor is not responsible for delays or service impacts caused by weather, groundwater, soil conditions, supply issues, strikes, or events beyond control.

13. Payment Terms

Payments due per invoice. Late payments may result in:

  • Service suspension

  • Late fees

  • Collections

  • Legal action

All balances become immediately due upon default.

14. Retention of Title

All installed equipment remains Contractor property until paid in full. Contractor may repossess unpaid equipment.

15. No Warranty / Limited Warranty

Routine service is provided AS-IS with no warranties.
Repair warranty (if applicable) is limited to one year and void if:

  • Not winterized by Contractor

  • Full payment not received

  • Pool misuse occurs

Manufacturer warranties apply separately.

16. Liability Limitation

Contractor’s liability is limited to the amount paid for the most recent service.
No liability for:

  • Consequential damages

  • Loss of use

  • Water loss

  • Health violations

  • Injuries from pool use

17. Indemnification

Client agrees to defend and indemnify Contractor from all claims arising from pool use, site conditions, or third-party actions.

18. Liquidated Damages

If Client cancels prior to work commencement, Contractor may retain 20% of contract value as liquidated damages.

19. Arbitration

Disputes exceeding Special Civil Part jurisdiction shall be resolved by binding arbitration in New Jersey.

20. Work Suspension / Termination

Contractor may suspend or terminate service for:

  • Nonpayment

  • Unsafe conditions

  • Abuse or harassment

  • Misrepresentation

21. Acceptance of Work

Use of the pool constitutes acceptance of work.

22. Concrete, Soil & Structural Conditions

Contractor not responsible for cracking, settlement, discoloration, or soil instability.

23. Water & Utility Charges

Client pays all water, electricity, drainage mitigation, groundwater removal, and related costs.

24. Seasonal Schedule

December–February are non-working months unless otherwise contracted.

25. Subcontractors

Contractor may use subcontractors at its discretion.

26. Attorney Fees

Client agrees to pay all legal fees and costs incurred in enforcing this agreement.

27. Governing Law

This agreement is governed exclusively by the laws of New Jersey.

28. Entire Agreement

This document supersedes all prior representations and may only be modified in writing.

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