All quotations and sales by Tropical Pools of Austin (hereinafter TPA) are subject to these terms and conditions and those on the contract.
General: Quotations are offered for acceptance within ten (10) days, and if not so accepted shall be deemed withdrawn. Quotations are not a contract and may only become such upon receipt of Customer's order and TPA's acceptance of same. This document, and not any order or other customer document (which, if construed to be an offer is hereby rejected) shall operate as rejection and counter offer. Customer, by accepting the quote, making any payments will be deemed to have assented to these terms and conditions. Irrespective of where this Agreement is actually exchanged, the parties agree that this Agreement is entered into, and is to be performed by TPA, in Austin, Texas. Venue for any legal action or proceeding initiated by any party arising under or as a result of this Agreement shall be only in a court of competent jurisdiction in Travis County, Texas. This Agreement shall be construed and interpreted under the laws of the State of Texas. In addition to any other provided, the prevailing party in any legal action or proceeding arising from any aspect of this Agreement, including but not limited to any claim for breach, nonperformance, default, rescission, reformation or the like, shall be entitled to recover its reasonable attorneys' fees and costs of suit incurred therein. Any addition or change to these stated terms and conditions, in order to be binding on TPA, must be specifically agreed to in writing by a duly-authorized officer of TPA.
Cancellation: Orders accepted by TPA are non-cancelable, non-returnable except upon the written consent of TPA. In such event, without limiting any other remedy which TPA may have under the Commercial Code of Texas, Customer will be liable to TPA for reasonable cancellation, which shall include all additional expenses incurred by TPA.
Claims: All claims for errors or other non-conformities of the services rendered must be made by the Customer in writing within ten (10) business days after completion of the project, and Customer is deemed to have irrevocably accepted the project, and to have waived its right to reject them unless it has given written notice of such rejection, and reason(s) therefore, within said ten (10) day period.
User Agreement: This Agreement is a legal agreement between customer and TPA, the provider of this Website's proprietary services ("Services"). By using the Services, customer are agreeing to the terms and conditions included in this Agreement (the "Terms of Service").
- This agreement covers customer's use on this site only. Customer's use of services on other sites will be covered by separate agreements. TPA's Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, exclude minors.
- Use of the Services. Customer may use the Services for personal and business purposes. However, customer may not sell, lease or resell the services to or on behalf of any other party. In addition, customer may not use, or permit to be used, Services in violation of any applicable law, regulation or policy, or in violation of any third parties' rights.
Limitations: Any legal action or proceeding initiated by Customer against TPA alleging breach, nonperformance or otherwise under this Agreement shall be commenced within six (6) months after the occurrence, giving rise to the legal action proceeding.
Terms and Conditions of Use:
- Agreement to Terms. By using the information, services and products available through TPA, customer is agreeing to the terms and conditions contained herein.
- Modification. TPA reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to customer.
- Customer agrees to review these Terms of Service periodically to be aware of such modifications, and customer's continued access or use of this Website shall be deemed customer's acceptance of the modified Terms of Service.
- Customer agrees that these standards for notice of changes are reasonable.
- Customer acknowledges and agrees that TPA or its affiliates may deny customer access to or use of all or part of this Website without prior notice if customer engages in any conduct or activities that TPA, in its sole discretion, believes violates any of these Terms of Service, violates the rights of TPA, or is otherwise inappropriate for continued access and use of this Website.
- By giving TPA customer's e-mail address, customer is certifying in this Agreement that he/she has the right to use the e-mail address provided.
- By providing information to TPA via this Website (such as: feedback, data, comments, questions, suggestions, plans or ideas), customeragree that such information shall be non-confidential and that TPA shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as TPA deems appropriate, without compensation or acknowledgement of its source. TPA shall be free to use any ideas, concepts, know-how or techniques contained in information customerprovide ASP Pool and Spa Company through TPA's Website.
- In exchange for use of this Website, customer agrees that any information customer submits to TPA will be current and complete and will not violate the rights of any third parties, and customer agrees to defend, indemnify, and hold harmless TPA, its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.
- While TPA will not knowingly divulge customer's e-mail address or any other personal information to outside parties, customer agrees that TPA will not be liable for acquisition or use of customer's information by any third party without TPA's knowledge or consent. In turn, customer agrees that TPA will not be liable for the acquisition or use of personal information about customer that is not under our control.
- TPA is against unsolicited e-mail (SPAM) as a matter of policy. Therefore we will NOT send customer any advertisement-only messages as part of the Services.
Warranty Limitations and Exclusion:
- Any fees or licenses required for the express purpose of discharging or draining pool water due to municipal, environmental or regulatory laws shall be the responsibility of the Pool Owner/Agent. Specific work will be rescheduled after applicable permits are secured and the Pool Owner/Agent gives specific instructions to TPA for the disposal of pool water. Absent such instructions, TPA will drain water to a location, which it believes to be appropriate. Pool Owner/Agent indemnifies and holds harmless TPA from any direct, indirect or consequential damage or fines resulting from disposal of pool water.
- It is the owner's responsibility to have a pool cover pump, and to ensure that the pool cover is free of water and debris prior to arrival of the pool company service crew to open the pool/ remove cover. If the cover is not free of water at service, TPA may, if time permits, pump off cover at an additional fee and service pool. If TPA is unable to service the pool, said service visit will be rescheduled as time permits and a rescheduling fee of $50 will be charged. If you do not have a cover pump, TPA can provide one for an additional fee.
- In the event Pool Owner purchases equipment and requires TPA to install the equipment, all equipment must be removed from shipping packaging and placed by system, prior to our arrival. Pool Company is not responsible for any shipping damage and all equipment is covered under manufacturer's warranty, any problems with it there will be a diagnostic charge, no free extended labor warranty on merchandise. Customer is responsible for contacting place of purchase for any warranty issues. Additional charges may apply if there is any problem with the equipment during installation.
- For equipment purchased through TPA, TPA will offer an additional service/labor warranty of one year. Such equipment includes: Heaters, filters, automatic cleaners, pumps, salt generators. Customer is responsible for payment of any parts after the manufacturer's warranty has expired. Workmanship on any piping has a 30-day warranty.
Insurance and Workman's Comp:TPA will, upon request, supply a certificate of insurance to the Pool Owner/Agent. TPA carries workers' compensation insurance, liability insurance and property damage insurance. Certificates of insurance are available upon request. TPA is a Certified Pool Operator.
- TPA assumes no liability with respect to the present or future status of Pool Owner/Agent's pool and equipment conditions.
- TPA assumes full responsibility for acts of negligence or omissions of all its employees on the Pool Owner/Agent's premises.
- This agreement is not binding until both parties execute it, and such time as the "due upon acceptance" fee has been paid.
- Contracts which require payments on a scheduled basis may be canceled on a 10-day written notice by Pool Owner/Agent. If said cancellation is made within the terms of the contract, all charges from the beginning of the contract will revert to "Time and Materials" basis at TPA's established rates. Additional invoice(s) will be rendered within 60 working days of the termination date and will be due on receipt. TPA may cancel this contract at any time upon 30-days written notice to the Pool Owner/Agent. 17. A finance charge of $15.00 per month will be added to all amounts not paid within 15 days of the invoice date.
Assignment: This Agreement shall not be assigned in whole or part by Customer without the prior written consent of TPA.
Notices: Any notice to TPA under this Agreement shall be in writing and shall be served upon TPA by personal service at the address set forth below, whereupon service of this notice shall be deemed completed; or by mailing a copy of such notice by certified mail or registered mail, postage prepaid, with return receipt requested, address as follows: Tropical Pools of Austin, Texas, Austin, Texas.