BERNARD’S POOLS & SPAS LTD
TERMS & CONDITIONS | WARRANTY
As we continue to grow, we strive to provide top quality service and products to our valued clients, we want to ensure our service not only meets but exceeds your expectations.
Bernard’s Pools & Spas LTD, hereinafter called the contractor, offers to provide labour, materials, schedules and contracts toward the specific installation, assembling, renovation, repair, maintenance, or services of pools and spas/hot tubs agreed upon by both Bernard's Pools and Spas LTD and the client. The contractor provides the described warranty, if applicable within the following limitations:
Bernard’s Pools & Spas LTD warrants that qualified personnel will carry out the services in a professional manner and the performances of the services shall meet the standards of care, skill and diligence normally met by qualified staff. Work guaranteed toward installations, service, maintenance, and renovations valid for 30 days*. Exclusions of installation warranty include but are not limited to, defective and clearance pools, second-hand pools/hot tubs, ladders, steps, slides, diving boards, decking and any additions and accessories or applications that is in addition to, and not required as part of the structural integrity. There is no warranty provided on any openings/closings or maintenance, and no labour warranty on pools/hot tubs that are not sold by Bernard's Pools and Spas LTD.
Although the very best and trusted product brands and manufacturers are selected, Bernard’s Pools & Spas LTD does NOT guarantee the quality of manufactured materials such as Fiberglass pools, Vinyl liner pools (both inground or above ground) concrete, aggregate, liners - including wrinkles, safety covers, pool or spa equipment, and chemicals.
Third party Suppliers and Manufacturers should be contacted by the client for warranty purposes.
The described warranty becomes null and void under the following outcomes/circumstances/conditions:
i) Misuse of product or materials **
ii) Provided services from ANY persons, contractor or company other than Bernard’s Pools & Spas LTD***
iii) Natural events outside human control (Acts of God), weather damage, product failure within manufacturing guidelines. ****
iv) After-market or pre-owned components, parts, equipment, materials not supplied or installed/serviced by Bernard’s Pools & Spas LTD.
Bernard’s Pools & Spas LTD is not responsible for any misinterpretation of the above-mentioned limitations:
* All workmanship with the exception of pool and/or hot tub openings/closings, and regular maintenance, provided by Bernard’s Pools & Spas LTD is covered for 30 days from the date of completion. The client is responsible for registering any available warranties with the product manufacturer directly.
** Misuse of products or materials includes, but is not limited to:
- unauthorized drainage of pools or spas
- neglectful and/or poor water chemistry
- installation/maintenance by anyone other than Bernard’s Pools & Spas LTD
- operation of equipment contrary to the owners manual
- products/contractors used that are not supplied or recommended by Bernard’s Pools & Spas LTD
*** Any person, consumer, family, friend, neighbour, acquaintance, contractor, or company that provide services such as openings/closings, equipment installation and maintenance, chemical balancing NOT recommended by Bernard’s Pools & Spas LTD IMMEDIATELY voids the described warranty
**** Weather-related damage including, but not limited to wind, rain, snow, sun (UV), or corrosion is not covered in the described warranty. Acts of God including, but not limited to fallen trees, damage caused by wild or domestic animals, soil erosion, water-table damage, ground shifts/settling are not covered under the described warranty. Product failure should be resolved between the client and manufacturer directly. It is agreed and understood that settling of pools may occur and is not cause for rejection.
Bernard's Pools and Spas LTD is NOT liable for any third-party contribution to any installation, renovation or provided services including, but not limited to electrical, excavation, base prep, landscaping, product/material, pool resurfacing, aggregate and water delivery, or product sales. Bernard's Pools and Spas LTD is not liable for any form of product failure or defects after the described warranty becomes expired or deemed null and void.
In regards to measurements for liners, hot tub covers, and safety covers, Bernard's Pools and Spas LTD will NOT be held liable for the final manufactured product based on provided measurements. It is the sole responsibility of the client to verify and sign off on any and all measurements in order to submit for manufacturing of liners, hot tub covers, and safety covers.
Manufacturing/Placement deposits for fiberglass pools, hot tubs, liners and safety covers are non-refundable. Upon payment of manufacturing/placement deposit, the client agrees to move forward with Bernard's Pools and Spas LTD to complete to purchase and/or installation of products sold and adhere to the payment schedule laid out by Bernard's Pools and Spas LTD.
In order to schedule ANY construction/service work a deposit will be made at 50% of the total. Should a refund be requested by client, Bernard's Pools & Spas LTD will issue a refund, of 25% of the deposit ONLY. This is to cover costs of labour and lost wages, scheduling, subsequent overhead and re-stocking fees. All product sales are FINAL. No Exceptions.
The term of the Contract shall commence from the time of the initial deposit and shall cease on final payment. Bernard’s Pools and Spas LTD shall have the right to stop the operation of the work at any time and/or remove it’s equipment if the company deems it advisable for the safety of the equipment, products, any other property, staff or any other person.
The client herby grants permission to Bernard’s Pools and Spas LTD to enter their property in order to remove our equipment, or check on the status of work, without becoming liable for damages for trespass, breach of contract or otherwise.
The client is responsible to obtain any and all municipal permits, approvals, consents and insurance-based safety requirements including, but not limited to fencing, decking, excavation, drainage, electrical, is the sole responsibility of the purchaser/homeowner.
The client agrees to indemnify, defend and hold Bernard’s Pools and Spas LTD, its directors, officers, and employees harmless to the fullest extent permitted by law from and against any and all costs, expense, damages (including damage to any equipment, product and the like, or personal injury), fees (including any legal, professional or advisory fees or disbursements), and amounts paid to settle or satisfy any civil or criminal or other proceeding judgment, fines, penalties, or liabilities (“claims”), including any third party claims which any indemnitee may reasonably suffer or sustain, incur or be required to pay in connection with the performance of the work under the contract.
The client shall not be required to indemnify an indemnitee to the extent that there has been gross negligence, fraud or willful misconduct on the part of such indemnitee in connection with the performance by Bernard’s Pools and Spas LTD.
Within the described warranty period, should a matter arise due to the labour services provided by Bernard's Pools & Spas LTD, a follow-up inspection is required to address the said issue. Should additional work be required determined to be related to initial provided labour, the customer grants Bernard's Pools & Spas LTD permission to provide the necessary services at no cost to the customer excluding required charges for additional travel and/or materials.
Force Majeure, Bernard’s Pools and Spas LTD shall not be held liable for any non-performance or delay in performance that is due wholly or partly, directly or indirectly to weather, natural events outside human control (Act of God), transportation contingencies, shortages, inadequate supply of labour or materials, accident, fortuitous event or other cause beyond the reasonable control of Bernard’s Pools and Spas LTD.
Bernard’s Pools and Spas LTD shall have the right to subcontract all or any part of the work to third parties provided that Bernard’s Pools and Spas LTD shall at all times be responsible to the client for the completion of work by any such subcontractor.
Terms and conditions are subject to change.
Additional 1, 3 and 5 year extended warranties available.