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MASTER SERVICE AGREEMENT & WARRANTY TERMS

This agreement and these terms are the only terms which govern the services and sale of goods (the “Work”) by Buddy Pool Service LLC (the “Service Provider”) to the individual or entity (the “Customer”) identified on the associated quote, estimate or Work Order (the “Work Order”). Customer acknowledges that by allowing Service Provider access to Customer’s property and giving permission to perform the Work, Customer agrees to these terms.

1. Scope of Services

Service Provider agrees to perform pool service work as specified in the associated quote, estimate or Work Order. This includes, but is not limited to, pool openings, closings, equipment repairs, and routine maintenance.

2. Customer Responsibilities

Customer acknowledges that each service (e.g., Opening or Closing) has specific site-preparation requirements. These requirements are outlined in the “Preparing Your Pool” section below.

a) Preparation: Customer agrees to have the pool site ready according to those requirements in the “Preparing Your Pool” section (e.g., pool cover drained of water/debris, electricity/water turned on, gate access provided).

b) Additional Labor: If the pool is not prepared according to the “Preparing Your Pool” guidelines, Service Provider reserves the right to either reschedule the service (subject to a trip fee) and/or charge additional fees including labor at the current hourly rate to perform the necessary preparation.

3. Preparing Your Pool

To ensure your pool service is completed efficiently and without additional costs, the following site conditions should be met prior to our arrival. These terms apply to all service visits, with specific emphasis on Pool Openings.

a) Site Access& Utilities

  • Access: All gates must be unlocked. Our staff must have clear, unobstructed access to the pool area.

  • Power & Water: Main power must be turned on at the equipment breakers. We require access to a working outdoor water spigot.

  • Attendance: You do not need to be present for the service, provided all access and parts requirements are met.

  • Return Trip Fee: If we must return to complete any service due to missing customer-owned components, locked gates, or lack of power/water, a $75 Return Trip Fee will be applied, and the service will be rescheduled at our earliest availability.

b) Cover Condition & Potential Preparation Fee

  • Opening Requirements: On day of opening, the pool cover must be dry and free of leaves, sticks, and organic debris prior to our arrival.

  • Automatic Opening Service Upgrade: If water or debris is present on the cover when our technicians arrive for an opening, we will perform the necessary cleaning and draining to proceed with your pool opening.

  • Cover Preparation Fee: A Cover Preparation Fee up to $150 will be automatically added to your final invoice for this service.

  • End-of-Season Cover Installation: At the conclusion of the pool season, we will only install covers that are in sound, functional condition. If a cover is determined to be in poor shape—including significant dry rot, large tears, or failing hardware that compromises its integrity—we will not perform the installation. We encourage you to proactively take note of this prior to your opening and contact our office to start the process of obtaining a new cover.

c) Water Level

  • Water Level To Run System: Water should be raised to the operating midpoint of the skimmer before our team arrives for all services including openings. However, we will attempt to start your system via the bottom drain if the water level allows.

  • Return Trip Fee: If the system cannot be safely started or tested due to low water levels, we will not fill the pool. A $75 Return Trip Fee plus hourly labor will be charged to return once the water level is corrected.

d) Other Opening Preparations & Policies

  • Customer-Owned Components: All ladders, railings, return fittings, and skimmer baskets must be poolside and easily accessible; additionally, all pump baskets, filter grids/cartridges, gauges, and drain plugs must be available at the equipment pad.

  • System Startup: We will set timers and automation settings as instructed upon starting the system. We will run the heater for 10 minutes to inspect for proper operation. Unless a specific Heater Inspection is requested (see below), the heater will be shut off after testing.

  • Heater Inspection (Additional Elective Charge): A full inspection includes startup, heat exchanger cleaning, internal parts inspection for wear/leaks, and thermostat calibration.

  • Automatic Cleaners: We do not install automatic cleaners during openings due to low water temperatures, which can damage cleaner components.

  • No Cleaning At Opening: We do not perform pool vacuuming or scrubbing at the time of opening.

  • Sealing Period: Please allow 5 days after an opening for gaskets and connections to properly expand and seal. If you are still experiencing leaks after 5 days, please contact our office.

e) Scheduling & Scope of Work

  • Arrival Windows: We provide a Morning or Afternoon arrival window. We cannot guarantee exact times due to fluctuating workloads.

  • No On-Site Diagnostics: Our technicians focus on the scheduled task. If equipment is found to be malfunctioning during an opening or routine maintenance visit, we will not perform diagnostics or repair. This requires a separate service call for repair.

4. Quotes, Estimates and Billing for Parts, Materials, and Chemicals

a) Estimate: The price provided in any quote, estimate or Work Order is an estimate and not a guaranteed price. Customer agrees that any unforeseen conditions (e.g., underground plumbing leaks, seized valves, poor water quality) discovered during the Work that requires additional labor or materials will be billed at Service Provider’s standard rates. Service Provider will attempt to notify Customer before proceeding with significant additional labor costs, however, Customer agrees that Service Provider may, in its professional judgement, perform the necessary services and Customer agrees to be charged for such services .

b) On-Site Authorization: To ensure system integrity and water safety, Service Provider is authorized to utilize necessary parts, materials, and chemicals discovered to be required during any service visit (e.g., gaskets, O-rings, baskets, or water balancing chemicals) up to a total of $150.00 per visit (the “Service Floor”) without additional prior customer approval.

c) Invoicing: All parts, materials, and chemicals used will be documented and billed as separate line items on the final invoice.

d) Significant Repairs/Treatments: For any individual part or chemical treatment (such as a heavy "green-to-clean" shock) exceeding the Service Floor, Service Provider will seek Customer authorization via phone, text, or email before proceeding.

e) Price Volatility: Customer acknowledges that pricing is subject to market volatility. All items will be billed at the prevailing rate at the time of application or installation.

f) Water Costs: The cost of water required for filling, testing, or repairs is the sole responsibility of the Customer.

5. Limited Warranty

Service Provider makes the following limited warranties on the services and parts included in the Work:

a) Labor: Subject to Customer’s accounts being paid in full, Service Provider warrants the labor performed for a period of one (1) year from the date of service. This warranty is limited strictly to the specific work performed and applies only to the original purchaser.

b) Parts/Materials: All parts and materials are warranted solely by the original manufacturer. To the extent the manufacturer warrants such part and to the extent such warranty is transferable, Service Provider will pass on such warranties. However, Service Provider makes no independent warranty on parts and repair or replacement of defective parts shall be at the sole option of the manufacturer.

c) Limitations On Warranties: EXCEPT FOR THE SPECIFIC WARRANTIES ABOVE, SERVICE PROVIDER MAKES NO OTHER WARRANTY RELATING TO THE SERVICES OR PARTS INCLUDED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (C) ANY WARRANTY OF TITLE.

i. The pool/equipment is not operated or maintained according to industry standards.

ii. The work is altered, moved, or repaired by anyone other than an authorized employee of Service Provider.

iii. Damage is caused by a third party or uncontrollable events such as but not limited to fire, flood, vandalism, acts of God, weather, freezing, or ground movement.

6. Payment Terms & Collection

  • Payment Due: All accounts must be paid in full upon completion of work or as specified in the invoice.

  • Warranty Eligibility: No warranty claims will be honored unless the account is paid in full.

  • Late Fees: Unpaid balances are subject to a late fee of 1.5% per month, beginning 30 days after the original invoice due date.

  • Collection Costs: In the event of non-payment, Service Provider reserves the right to recover all costs of collection, including reasonable attorney’s fees and court costs, as allowed by law in the Commonwealth of Pennsylvania or the State of Maryland.

7. Limited Warranty

IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THREE TIMES THE TOTAL PRICE OF THE PARTS AND SERVICES AS TO WHICH THE CLAIM IS MADE.

The limitation of liability set forth above shall not apply to liability resulting from Service Provider’s willful misconduct.

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