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Terms of Service

This agreement is made this day between Shine Pools and ______ (hereinafter referred to as Customer and collectively referred to as “The Parties”) for services to be provided at the following address(es): ________.

 

The Parties agree that Shine Pools will perform pool and/or spa maintenance, as defined by the “Checklist” (item #2 below) at the addresses specified above. 

 

Parties agree that the Customer will pay Shine Pools every month in advance of pool service. 

 

The Parties agree that the contract can be terminated by either party upon 30 days notice in writing or by email at info@shinepoolsaz.com. In the event Customer fails to pay within 14 days or does not abide by the clauses outlined in this contract, this contract will be considered terminated.

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1. SERVICE FREQUENCY & RATE TYPE

a. Shine Pools will provide service 1 time per week. Customer agrees to pay $____ per month, with chemicals included in the months of Oct-Mar and chemicals charged in addition in the months of Apr-Sep. Chemicals are charged based on usage. We confidently provide chemicals that will be effective and cost efficient and we recommend their use. 

b. Chemicals included in service during the months of Oct-Mar

Chlorine

Muriatic acid

c. Foliage must be kept trimmed back around the pool area. This will help in preventing excessive chemical costs. 

 

2. RATE CHANGES In the event Shine Pools changes rate type or charge, Shine Pools will give Customers 30 days written notice before the rate goes into effect. We typically consider rate changes to adjust for market conditions once per year.

 

3. SERVICE CHECKLIST

a. Shine Pools will provide the following services to ensure optimal pool & spa conditions:

Water tested & Balanced (Readings & Dosages)

Empty Baskets

Brushing Steps, Benches & Walls

Skimming Debris

Equipment Checks

Filter backwash (if applicable)​

b. Should the Customer require a custom service, the Parties will mutually agree upon its inclusion to the Checklist as part of service or whether it will be a discrete, separately invoiced service. 

 

4. ACCESS It is the Customer’s responsibility to make sure Shine Pools has access to the service location and the pool or spa is accessible and uncovered. 

a. If Customer’s stop is skipped due to reasons within Customer’s control (such as leaving out an unfriendly dog, locking a gate without providing a code, etc.) Shine Pools will charge the stop to cover mileage and labor costs.

b. Shine Pools does not remove pool covers. Please ensure pool covers are removed on service days. In the event a pool cover is on during our service stop, we will still check baskets and perform chemical readings if possible.   

 

5. FILTER CLEANINGS

a. Filter cleanings are an important part of maintenance and upkeep of pool and/or spa. Shine Pools will be conducting filter cleans on a twice per year basis at the beginning of the swim season and after the end of the swim season. Filter cleans will be identified and invoiced separately to your monthly standard servicing.

 

6. SKIP WEEKS/INCLEMENT WEATHER

a. In the event of inclement weather on the scheduled date of service, the pool and/or spa will be cleaned & serviced to the extent that weather permits. 

b. Circumstances can arise that prevent Shine Pools from performing service such as severe weather, an illness, or a holiday. In such an event, Shine Pools may elect to postpone pool and spa service for up to one week (not to exceed 5 postponements per year).

c. No pool and spa services will be provided during the weeks of Thanksgiving and Christmas. Shine Pools will also take one week off during March and during October to complete all filter cleans and make up for the remaining 2 extra weeks in the year. 

 

7. REPAIRS As part of our service of your pool or spa, we will perform routine maintenance to ensure optimal performance of your system

a. Repairs less than $50 will be considered automatically approved.

b. Repairs greater than $50 will be sent to you for your approval.

 

8. PAYMENT  Shine Pools requires a credit card on file. By providing this information, you are authorizing Shine Pools to charge the card for services provided pursuant to this agreement.

 

9. COMMUNICATION As part of our efforts to provide efficient and timely service, we rely on email as our primary mode of communication with our customers. This includes sending important updates and our monthly invoices. Therefore, we kindly request that you check your email regularly. In addition to emailed service reports, Shine Pools may also send text messages from time to time. By providing your cell phone number, you authorize  Shine Pools to contact you by SMS text.

 

10. TERMINATION The Parties agree that the contract can be terminated by either party upon 30 days notice in writing. In the event Customer fails to pay within 14 days, or does not abide by the clauses outlined in this contract, this contract will be considered terminated. We will complete service through the dates that are paid. If you choose not to have service completed through the dates paid, no refunds will be given. 

Warranty

Shine Pools warranty covers equipment purchased and installed by our Technicians only.

 

Shine Pools warrants all new products manufactured or assembled by Shine Pools to be free from defects in materials to the original purchaser for a period of (1) year. Used or rebuilt parts or equipment installed by Shine Pools are warranted to be free of defects in material for a period of 30 days.

 

Shine Pools expressly limits its warranty relating to all parts, materials, and equipment not of its own manufacture to the warranty actually extended to Shine Pools by its supplier.

 

This warranty is extended to initial purchasers during the applicable period of the warranty.

 

WARRANTY CLAIM PROCEDURE AND LIMITATIONS.

 

            A.      Claim Procedure

      

                   If any materials, or equipment prove to be defective within the applicable warranty period, Shine Pools shall replace the materials free of charge provided that (1) written notice of the defect is given to Shine Pools, 1805 E Elliot Rd, Ste 102, Tempe, AZ 85284, within the time periods specified above and (2) all sums due Shine Pools by the owner have been paid in accordance with the payment provisions contained in the purchase contract. For any designated material, equipment, products, method of construction, installation, or service identified by specific brand or trade name. Shine Pools reserves the right to substitute and furnish another material, equipment, product, method of construction, installation or service comparable quality or utility.

 

            B.      Limitations

 

                   The warranty shall start from the date of the invoice, PROVIDED, HOWEVER, THAT OUR LIABILITY UNDER SAID WARRANTY SHALL BE EXPRESSLY LIMITED TO REPAIRING OR FURNISHING OUR REPLACEMENT        (LABOR NOT INCLUDED), FREE OF CHARGE, F.O.B. POINT OF MANUFACTURER, ANY PART OF ANY SUCH PRODUCTS THAT PROVES TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL, AND PROVIDED REASON OF SUCH DEFECT OR DEFECTS, SHALL BE PROVEN TO HAVE BEEN USED FOR THE PURPOSE AND IN THE MANNER FOR WHICH IT WAS MANUFACTURED AND NO OTHER.

 

            C.      IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT THEY ARE APPLICABLE ARE LIMITED ON THE TIME PERIODS SET FORTH ABOVE. 

 

            D.      Shine Pools will not be responisble for damage to any materials or equipment caused by surface or subterranean drainage under or around the pool or resultingfrom any natural cause or act of God or earthfill movement or disaster such as explosions, wrecking and the like, ordinary wear, damages caused by the elements, unusual abuse, neglect, incorrect operation, and lack of care of the pool or any equipment.

 

            E.      Shine Pools WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTALDAMAGES OF ANY KIND WHETHER BASED UPON WARRANTY, CONTRACT OR NEGLIGENCE,      

     

            F.      THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, APPLICABLE TO THE INSTALLATION OF EQUIPMENT OR SERVICE WORK EXCEPT AS EXPRESSLY STATED HEREIN.

 

Shine Pools DOES NOT ASSUME ANY LIABILITY FOR ANY WORK PERFORMED BY OTHERSOR WORK PERFORMED BY THE PURCHASER AND NOT A PART OF THIS CONTRACT.

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