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 AND SPAS LTD

(the Contractor)
WHEREAS the Contractor offers to provide labour, materials, schedules and contracts toward
the specific installation, assembly, renovation, repair, maintenance or services of pools and
spas or hot tubs;
WHEREAS the Purchaser has requested any of the aforementioned services of the Contractor;
NOW THEREFORE IN CONSIDERATION OF the foregoing and mutual covenants and
agreements set forth below, and for other good and valuable consideration, the parties covenant
and agree as follows:
1. TERM. The Term of all agreements between the Purchaser and the Contractor shall
commence from the time of the initial deposit and shall cease on final payment except as
expressly set out in the relevant agreement and/or except for those provisions of any
agreement between the Purchaser and the Contractor which are intended to survive the
completion of the subject matter contemplated therein. The Contractor shall have the
right to stop the operation of the work under any agreement between the Purchaser and
the Contractor at any time and/or remove its equipment if the Contractor deems it
advisable for the safety of the equipment, products, any other property, staff, or any
other person. The Purchaser hereby grants permission to the Contractor to enter the
Purchaser’s property in order to perform the work contemplated under any agreement
between the Purchaser and the Contractor and/or to remove the Contractor’s equipment
or check on the status of work and the Contractor shall not be liable for damages for
trespass, breach of contract or otherwise in respect thereof.

2. CONSTRUCTION OR SERVICE DEPOSIT REFUND. In order to schedule any
construction or service work, the Purchaser shall make a deposit valued at 50% of the
total cost of the work as determined by the Contractor. Should the Purchaser request a
refund of the deposit they paid to schedule any construction or service work, the
Contractor shall issue a refund of 25% of the deposit.

3. PRODUCT DEPOSITS ARE NON-REFUNDABLE. All product sales are final, no
exceptions. Manufacturing or placement deposits for fiberglass pools, hot tubs, liners,
and safety covers are non-refundable. Upon payment of the manufacturing or placement
deposit, the Purchaser agrees to complete the purchase and/or installation of products
sold by the Contractor and adhere to the payment schedule laid out by the Contractor.

4. WARRANTY. The Contractor warrants that qualified personnel will carry out
installations, assembly, renovation, repair, maintenance and services of pools and spas
or hot tubs (the Services) in a professional manner. The performance of the Services
shall meet the standards of care, skill and diligence normally met by qualified staff (the Warranty). This Warranty shall be valid for thirty (30) days from the date of completion
of the applicable Services (the Warranty Period).

4.1 Should an issue arise due to the Services provided by the Contractor within the
Warranty Period, the Contractor shall perform a follow-up inspection to examine the said
issue. Should additional work be required, and should the issue be related to the initial
Services the Contractor provided the Purchaser, the Contractor shall fix the issue at no
cost to the Purchaser, excluding required charges for additional travel and/or materials.

5. EXCLUSIONS. The Warranty only covers the Services and without limiting the
generality of the foregoing, exclusions from the Warranty include but are not limited to
defective and clearance pools, second-hand pools and hot tubs, ladders, steps, slides,
diving boards, decking, and any additions and accessories or applications not required
as part of the structural integrity of the pools, spas, or hot tubs. The Warranty does not
cover any openings/closings or maintenance or pools, spas, or hot tubs not sold by the
Contractor.

6. VOIDED WARRANTY. The Warranty shall be null and void under the following
circumstances:
(a) Misuse of product or materials including, but not limited to; unauthorized
drainage of pools or spas, neglectful or poor water chemistry, installation or
maintenance by anyone other than the Contractor, operation of equipment
contrary to its owners manual, and products that are not supplied or
recommended by the Contractor.
(b) Provided services from any person, contractor, or company other than the
Contractor, including openings/closings, equipment installation and maintenance,
and chemical balancing NOT recommended by the Contractor.
(c) Natural events outside human control (Acts of God); weather-related damage
including but not limited to that caused by wind, rain, snow, or sun; corrosion;
fallen trees; damage caused by wild or domestic animals; soil erosion; water-
table damage; and ground shifts.
(d) After-market or pre-owned components, parts, equipment, and materials not
supplied, installed, or serviced by the Contractor.
 

7. SUB-CONTRACTING BY CONTRACTOR. The Contractor shall have the right to
subcontract all or any part of the work to third parties provided that the Contractor shall at all times be responsible to the Purchaser for the completion of work by any such
subcontractor.

8. THIRD-PARTY CONTRIBUTIONS. The Contractor is not liable for any third-party contribution to any installation, renovation or provided services which the Contractor has
not retained as a subcontractor for its scope of work including but not limited to electrical, excavation, base prep, landscaping, product, material, pool resurfacing, or aggregate and water delivery.

9. THIRD-PARTY WARRANTIES. The Purchaser is responsible for contacting any third- party suppliers and manufacturers to register any available warranties. Product failure
shall be resolved between the Purchaser and supplier or manufacturer directly without
input from the Contractor.

10. MATERIALS. Although the Contractor selects the very best and trusted product brands
and manufacturers, the Contractor does not guarantee or provide any warranty in respect of the quality of manufactured materials including fiberglass pools, Vinyl liner
pools (inground or above ground), concrete, aggregate, liners (including wrinkles), safety covers, pool or spa equipment, and chemicals.

11. MEASUREMENTS. The Contractor shall not be liable for the final manufactured product
based on Purchaser-provided measurements for liners, hot tub covers, and safety covers. It is the sole responsibility of the Purchaser to verify and sign off on any and all
measurements of manufacturing of liners, hot tub covers, and safety covers.

12. PERMISSIONS. The Purchaser is responsible for obtaining any and all governmental permits, approvals, consents, and insurance-based safety requirements for the Services
provided by the Contractor. The Contractor shall not be liable for the Purchaser’s failure to obtain such governmental permits, approvals, consents, or insurance-based safety
requirements.

13. ADDITIONAL REQUIREMENTS OF PURCHASER. Additional requirements of the
Purchaser outside of the Services or any other scope of work agreed to by the
Purchaser and the Contractor, including but not limited to fencing, decking, excavation,
drainage, and electrical, are the sole responsibility of the Purchaser.

14. INDEMNIFICATION. The Purchaser agrees to indemnify, defend, and hold the Contractor and 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 Services or any other scope of work agreed to by the Purchaser and the Contractor. The Purchaser 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 Contractor’s performance of the Services or other scope of work
agreed to by the Purchaser and the Contractor.

15. FORCE MAJEURE. The Contractor 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 the Contractor.

16. AMENDMENTS. Amendments to these terms and conditions or any agreement between the Contractor and Purchaser shall be in writing and signed by the Contractor and
Purchaser.

17. SEVERABILITY. If any provision of these terms and conditions or any agreement between the Contractor and Purchaser is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired, and such remaining provisions, or part thereof, shall remain enforceable and binding.
18. GOVERNING LAW AND FORUM. These terms and conditions and any agreement between the Contractor and Purchaser shall be governed by the laws of the Province of
Nova Scotia and the laws of Canada applicable therein and each of the Purchaser and Contractor irrevocably covenant and agree that any action arising out of these terms and
conditions or any agreement between the Contractor and Purchaser shall be submitted to the courts of the Province of Nova Scotia.

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*** Terms & Conditions ***