|Pumps||Challenger, Whisperflow||3 years|
|Filter||FNS, Clean 'n Clear, Triton||3 years|
|Push/Pull & Dial Valve||Pentair||3 years|
|Pentair Cleaners||Legend, Platinum, Kreepy||3 years|
|Polaris Cleaners||280, 340, 480||3 years|
|Booster Pump||Pentair, Polaris||3 years|
|Heater||Pentair, Raypak||3 years|
|Accessories||Baskets, Lids||3 years|
|Sanitizers||Aquarite||5 years (prorated)|
Lifetime Warranty on shell of pool to hold water (original owner).
|Plumbing||5 years parts|
|Electrical||1 year parts & labor|
|Tile & Coping||1 year|
1 year parts & labor
Exclusion: improper chemical balance
|Walls||1 year parts & labor
Exclusion: natural hairline cracks
|Waterfalls||1 year parts & labor|
|Sprinklers||1 year parts & labor (rework)|
2828 Prestige Rd.
Keller, TX 76248
PRESTIGE GUNITE OF NORTH TEXAS, LTD., A TEXAS LIMITED PARTNERSHIP ("PRESTIGE") IS PLEASED TO CONTRACT WITH YOU ("GENERAL CONTRACTOR") TO CONSTRUCT A GUNITE SHELL FOR YOUR SWIMMING POOL PROJECT ("THE PROJECT") AT THE PROPERTY LOCATION ("PROPERTY") AND FOR THE OWNER ("OWNER") YOU HAVE SPECIFIED.
1. EXPRESS WARRANTY: Prestige guarantees the pool's gunite shell will be installed in a good and workmanlike manner, and substantially and materially level, on the terms and condition of this written warranty. Subject to the other terms and conditions herein, Prestige guarantees the gunite shell against structural cracks that cause water loss, for as long as the original owner owns the Property. Upon receipt of a valid claim as provided herein, Prestige will repair or replace, as deemed necessary in the sole discretion of Prestige, any such structural crack within this express warranty, and the right to repair or replacement is the sole and exclusive remedy for breach of this or any other warranty. Prestige will also repair rust spots caused by the structural steel supporting the gunite shell but not otherwise, for a period of one year from and after installation of the gunite shell.
2. LIMITATIONS AND EXCLUSIONS: This warranty does not cover, and expressly disclaims any warranty of: (i) any cracks or other blemishes in the gunite shell or plaster that do not cause water loss; (ii)defects or damages caused by improper drainage, maintenance, winterization, misuse, natural disasters, accidents, alterations or modifications to the gunite shell or pool, weather, negligence of any part other than Prestige, or acts of God; and (iii) the work of any third party, including, but not limited to design, engineering, excavation ,grading, site drainage, site preparation, electrical, plumbing, pipes, skimmers, drains, tile, coping, plaster, decking, filter tanks, heaters, burners, internal gas piping, combustion chambers, valves, pumps, motors , finish, lights, ladders, handrails, fences, irrigation systems, septic systems, private water systems, steel, returns, water features, slides and diving boards and such; (iv) the psi compressive strength of the shell; and (v) with respect to rust spots, any spots caused in part or in whole by any reason other than structural steel supporting the gunite shell; with respect to the warranty, Owner shall have the burden of proving the cause of any rest spot. Prestige shall not be responsible for the monitoring or maintenance of a weep hole during the construction of the pool. Prestige shall not be responsible for and shall not replace any water or chemicals required after any loss, replacement or repair. Prestige shall not be responsible for any gunite shell that floats or otherwise becomes out of level after installation. Prestige shall not be liable for any incidental or consequential damages, including attorney's fees, caused by any structural crack within the scope of the express warranty set forth above. These limitations shall apply to General Contractor irrespective of any dealings between the General Contractor and the homeowner.
3. CLAIM PROCEDURE: In order to make a claim under such warranty, Contractor or Owner must provide immediate written notice to Prestige prior to any repair efforts being undertaken, and allow Prestige a reasonable opportunity to inspect and repair the pool issue. any tampering with the gunite shell as originally installed or attempted repair by any party other than Prestige will void this warranty. The pool must be clean and operable (other than for the structural crack that causes water loss) at the time of inspection.
4. DISCLAIMER OF IMPLIED WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 1 HEREOF AS OTHERWISE LIMITED HEREIN, PRESTIGE HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOOD BEING SOLD THAT HAS BECOME ANY BASIS OF THE BARGAIN. FURTHER, PRESTIGE HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY SUCH AFFIRMATION OR PROMISE.
5. NO WARRANTY OF MERCHANTABILITY. PRESTIGE DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS SOLD BY THIS AGREEMENT.
6. NO IMPLIED WARRANTY OF FITNESS. PRESTIGE DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE WHATSOEVER WITH RESPECT OT THE GOODS BEING SOLD UNDER THIS AGREEMENT.
7. NO OTHER WARRANTIES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS LIMITED WARRANTY.
8. No Third Party Beneficiaries. This limited warranty shall be automatically transferred from Contractor to Owner upon completion of the Project and delivery of the Project to Owner by Contractor. No third shall be beneficiaries of this limited warranty.