Limited Warranty Agreement
This warranty is in lieu of any other warranty, express or implied. Any implied warranties, including but not limited to, the
implied warranty of merchantability, fitness for a particular purpose, habitability, and any UCC warranties are waived.
This warranty shall be null and void and Kramer Pools shall not be liable for any damages or expenses, if the Owner does not first
grant Kramer Pools access to the premises and the opportunity to inspect, correct, or replace alleged defective items, before Owner incurs
expenses or has work done by a replacement contractor.
WHAT IS COVERED
Kramer Pools warrants that the improvements constructed are reasonable free of defects and within customary tolerances of construction
industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and
guaranteed to be performed by a skillful and professional contractor. This warranty also covers work under customary tolerances for all
subcontractors and other trades people under contract with Kramer Pools.
Kramer Pools further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings,
plans, and specifications. If any defects are found, Kramer Pools shall repair or replace any of the alleged defective work at its cost. The work
to be corrected will be the particular part or area that is defective. Kramer Pools shall start corrective work within a reasonable time after
written notice from the owner. Kramer Pools shall have the option of repairing or replacing, at its election.
TERM OF WARRANTY—12 Month
This Warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is one year for substantial
completion, defined as the earlier of “ 1) the date of final acceptance by PDS or local building department, or 2) the date Owner first occupies
the property. If Kramer Pools performs warranty work within this period, this warranty shall be extended to the repaired or replaced work
itself and be covered for two years after completion, as to that specific work.
This warranty applies to the original owner and may be transferred to any subsequent owner within the initial one-year period after substantial
EQUIPMENT, MATERIAL, AND APPLIANCES
Kramer Pools has provided certain material, equipment, appliances, and goods that have been manufactures and furnished by third party
vendors, supply houses, distributors, and manufacturers (“products”). Kramer Pools will use its best efforts so that such products are new and
purchased from reputable suppliers. Kramer Pools also agrees to properly install such materials.
In the event a product is considered defective by the Owner, Kramer Pools shall use its best efforts to contact the supplier or manufacturer and
receive a free replacement. Kramer Pools shall then within a reasonable time reinstall that new product without charge.
Kramer Pools did not manufacture such products. Kramer Pools warrants its services and workmanship only. Accordingly, Kramer Pools cannot
warrant or guarantee these products themselves. Kramer Pools will not be liable for latent defects in any product (not observable on
reasonable inspection). Owner’s sole remedy for defective products, other than the obligation of Kramer Pools to replace same, is against such
third-party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if Kramer Pools has
furnished owner with product brochures, literature, or samples. Nor shall Kramer Pools be liable for dangerous products, design defects in
products, or defective warnings. However, Kramer Pools. shall lend assistance in settling any claim resulting from d effects in these products.
HOW TO OBTAIN SERVICE
If a problem develops during the warranty period, Owner shall notify Kramer Pools in writing of the specific problem. Owner shall give such
notice promptly after first discovering the condition. Kramer Pools will begin performing the obligations under this warranty within a
reasonable time of receipt of such a request and will diligently pursue these obligations.
Repair work will be done during Kramer Pools normal working hours, except where delay will cause additional damage. Owner also agrees to
provide the presence (during the work) of a responsible adult with the authority to approve the repair and sign an acceptance of repair on
There shall be no charge for the costs and expenses of examination or inspection by Kramer Pools whether not a defect is found or later
repaired or replaced. The work will be done wither by Kramer Pools crew or whatever competent workmen or subcontractors are designated
by Kramer Pools.
Kramer Pools has sole discretion as between repair or replacement. All efforts shall be made for a reasonable match, and to repair or replace in
the event the original item is no longer available.
With respect to any claim asserted by Owner, it is understood there is no right to recover or request compensation for: incidental, indirect,
special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy;
construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages
for mental distress, aggravation, personal injury; or pain and suffering.
Owner should notify Kramer Pools within a reasonable period after first knowledge of a problem, not to exceed 60 days. To be covered, the
physical signs of the problem must be observable and have started to cause damage before the one-year period expires.
WHAT IS NOT COVERED
This limited warranty does not cover the following items:
- Damage or defects caused by the failure to maintain any item or keep it in good working order.
- Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightening, earthquake pest damage, acts of God, or
other unforeseen causes or accidents.
- Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
- Damage resulting from your failure to observe any operation instructions furnished at the time of installation.
- Any item furnished, installed, modified, altered, or repaired by you or any other person other than Kramer Pools.
- Problems which arise in an attempt to match existing materials. There are limitations inherent in the matching of existing materials
such as stucco, drywall, pain, wood, tile, flooring, concrete, and the like. Exact duplication in matching, texture, and color cannot be
guaranteed. Variations within industry tolerances will be considered acceptable.
This warranty constitutes the entire integrated agreement and understanding of the parties as to any causes of action for losses, expenses, or
damages, under warranty, workmanship, or construction material/product defect issues, and supersedes as well as preempts any oral
statements or representations by Kramer Pools or its agents, before or after signing the contract.