Diamond Pools' Terms and Conditions
Responsible Party represents that it is the owner of the pool upon which the designated Services will be performed and the property containing said pool.In the event the Responsible Party does not own said pool or property upon which it sits, the Responsible Party hereby agrees to defend, indemnify, and hold harmless Diamond Pools against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorney’s fees, that arise out of the designated Services and alleged by the owner of the pool or the property upon which it sits.
2. Scope of Services
Unless otherwise provided for in the Proposal, any work requested by the Responsible Party outside the scope of the Services will be invoiced at an hourly rate of $85.00 per hour.This Agreement and the designated Services do not provide for electrical work and the Responsible Party shall be wholly and solely responsible for any electrical work.
Individual Pool Cleanings & Clarity Club Cleanings do not include removal or cleaning services due to foreign objects being in the pool outside the scope of normal debris. Normal debris includes but is not limited to leaves, twigs, insects, frogs, dirt, reasonable levels of algae and mold, and debris from reasonable human use. Items that exceed the range of normal debris include but are not limited to large tree branches, a portion of a tree trunk or root system, patio furniture, wildlife exceeding the size of a small rodent, and outdoor power equipment.
Any cleaning service that can not be completed within a reasonable time frame due to the Responsible Party and/or their pool may result in an additional cost assessed to the Responsible Party. Reasons include but are not limited to, a weak suction line, pool size, and extreme debris.
A cleaning service alone does not affect the color or clarity of pool water. This is achieved through a chemical treatment/program service. Such a service may be added to a cleaning or booked as a separate service by the Responsible Party.
Water Bag Cover Fee for In-ground Pools
An additional service charge of $30 will be added to opening and closing services for in-ground pools that do not use “Loop Loc” covers or a similarly convenient product.
Debris on Pool Cover
The removal of debris and water from a pool cover is not included in an opening service. Upon removing the cover, anything existing on top may fall into the pool. Cover Cleaning is an available upgrade for pool openings.
Any ladder or rail determined to be unsafe for use will not be installed by Diamond Pools
Diving Boards & Slides
Other than removals, Diamond Pools will not perform any service on The Responsible Party’s diving board, slide, or any pool accessory consider to be a liability
3. Functioning Equipment & Proper Water Level
Diamond Pools will provide all necessary equipment for purposes of performing the designated Services, except it is the sole responsibility of the Responsible Party to ensure the pool pump and filter system are properly functioning, all plumbing is air tight, and pool water is at the proper water level (halfway up the skimmer window for all services with the exception of closings. The water level must be below the skimmer window for pool closings) In the event the pool pump, filter system, or plumbing are not functioning properly or the required water level is not achieved at the time of service, Diamond Pools may be unable to complete or start the designated services.The Responsible Party will be assessed the corresponding service fee for any service that is scheduled for which Diamond Pools appears but cannot perform due to non-functioning pool pump, filter system, plumbing or water level. If the Responsible Party requests a return visit to complete the original service, a new service fee may be assessed to the Responsible Party.
Chemicals are not included in the cost of any cleaning service. If the Responsible Party requests the addition of chemicals, a separate bill will be issued by Diamond Pools to the Responsible Party itemizing the chemicals applied based upon the results of a water chemistry analysis.
Cleaning services do not include “shocking” the pool, adding chemicals to change the watercolor from black/green to blue, or changing pool-water color from black/green to blue.
5. Unpaid Invoices and Collection Costs
Responsible Party agrees to pay for all services at time of service.After seven (7) days’ Diamond Pools will issue a Late Fee charge of 25% for any unpaid invoice. When for a period of thirty (30) days after a payment is due, the Responsible Party fails to make payment to Diamond Pools, any pending work may be terminated.On such termination, Diamond Pools may recover from the Responsible Party payment for all work completed and for any consequential loss sustained by Diamond Pools, including, but not limited to, lost profit and overhead.On any balance due and owing by Responsible Party to Diamond Pools not paid after (30) days, Diamond Pools shall be entitled to interest on said outstanding balance at a rate of eighteen percent (18%) per annum. The Responsible Party shall be entitled to exercise all collection efforts entitled to it under the law of the State of New York including.Should it be necessary for Diamond Pools to institute any action or take any efforts to collect on unpaid balances of Responsible Party, Responsible Party shall be responsible to pay for any and all costs relative thereto including, but not limited to, reasonable attorney’s fees, court costs and disbursements.