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Terms and Conditions

Chemical Service Routes
Routes are established the first week of June. Once established, your pool will generally be serviced on the same day at approximately the same time each week through Labor Day. Routes may be adjusted in holiday weeks or following periods of rain. Before Memorial Day and following Labor Day your service day may change as pools are closed and we consolidate routes. Our chemical service technicians are not able to perform additional services during their chemical service routes unless the work has been previously scheduled through our office. You are responsible for providing access to your pool for opening, closing and servicing. This includes access through the fence enclosure, an automatic pool cover and control of dogs or other pets that may restrict our access. For weekly service you are also responsible for removal of the solar or automatic cover or providing us with the key to your automatic cover.

Additional Fees
You will be billed a “no access” fee if we arrive on our scheduled day and are unable to access the pool. Examples of when this charge applies include, but are not limited to, locked fences or pool covers for which we don’t have a key, uncontrolled pet(s) or a pool closed for the season without notification to us. We charge a minimum of $100 to clear cloudy water. This is billed at opening or chemical start, if the bottom in the deep end of the pool is not clearly visible.

Conditioner
Our chemical service includes five pounds of conditioner, which helps prevent chlorine loss from the sun. Conditioner does not evaporate and is only lost as water is removed from the pool due to leaks, splashing, backwashing, etc. Additional conditioner is billed twice during the season at a rate of $2 per pound.

Billing & Collection
A credit card number is required to schedule service. Our terms are COD. Your card will be pre-authorized for the work to be done. Upon completion of the work we will accept payment by personal check or charge the credit card you provided.

We also access customer credit reports if we anticipate offering credit to a customer. Sparkle Pool Service, (hereinafter called the company) may deny service to a prospective customer if their credit history is not acceptable to the company. Openings, closings and repair service fees are collected or billed, at our sole option, when the work is completed. Weekly services are billed every four weeks. All bills are due on receipt and subject to a $10 late charge if not paid within ten (10) business or fourteen (14) calendar days from the date of the invoice. A finance charge at an annual rate of 18% may be charged on accounts thirty (30) or more days past due. The minimum finance charge is $5.00 per month. The company reserves the right to secure a Mechanic’s Lien on the real property of accounts delinquent thirty (30) or more days. The customer agrees that Sparkle Pool Service will have the right to pursue all legal remedies to collect any unpaid balances. The customer also agrees to be responsible for all costs incurred by Sparkle Pool Service to collect billed charges, including collection agency fees, attorney fees and court costs. The customer also agrees that the an unpaid balance is subject to credit bureau reporting. The customer further agrees that any request for one or more service(s) offered by the company, whether the request is verbal or written; or payment of the non-refundable deposit or any Sparkle Pool Service invoice or statement will be construed as receipt, understanding and acceptance of these Terms and Conditions of Service and, by virtue of that request or payment, hereby waives any further notice, presentment or demand of any kind. The customer agrees that title to any part, equipment or merchandise delivered and/or installed by Sparkle Pool Service at the customer’s pool site and/or residence will remain with the company until the entire purchase price has been paid. If not paid in accordance with the billing terms and conditions above, the customer agrees to permit removal of same, with or without process of law, and further agrees to pay any and all expenses for collection of monies due for removal and restocking of said parts, equipment or merchandise, including attorney and collection agency fees and court costs. All payments are applied to the oldest charges first. When multiple charges are assessed on the same day, payments are applied to charges for weekly services first; non-recurring, non-merchandise charges second; and charges for parts, equipment and/or merchandise last.

Owner’s Responsibilities
Sparkle Pool Service does not accept responsibility for damage to lawns, shrubbery, or landscaping due to the discharging of water or pool antifreeze, from a pool or hot tub, for any reason, including but not limited to backwashing of pool or spa filter, pool and spa openings & closings, lowering water or emptying pool or spa for repair work or filter cleaning. The pool owner accepts full responsibility for maintaining proper water level and agrees to hold Sparkle Pool Service harmless in the event of damage resulting from improper water level. The pool owner is also responsible for ensuring that all pool deck and surrounding surfaces have proper drainage and nonskid properties to prevent slips and falls. The pool owner also accepts all responsibility for inspecting, maintaining and repairing the gates and other access means to the pool and spa area and accepts responsibility for any injury or claim resulting from use of these gates or other access means.

Warranties
We guarantee that we will maintain safe, sanitary and clear water in your pool, provided the mechanical equipment is functioning properly and is operated for sufficient time, and the pool water has acceptable levels of hardness, dissolved solids, phosphates, nitrites and nitrates. Our guarantee does not apply if you fail to make timely notification to us, at our primary place of business, that your pool water is not clear or if you fail to follow our instructions and recommendations with respect to steps necessary to clear the water in your pool. We do not make any warranties or representations concerning the products we provide and/or use, nor do we accept any responsibility for any damage to your pool, its liner, deck or the mechanical and/or other equipment associated with your pool, resulting from the use of those products. The only product warranties, if any, are the express written warranties provided by the manufacturers of the products we use. Manufacturer warranties are the sole responsibility of the manufacturer. The customer is responsible for transportation, labor and any other costs associated with the warranty repair or replacement.

Hydrostatic Pressure
Property owners and/or tenants (the customer) are hereby notified and advised that hydrostatic pressure, the force of water in the ground, may cause an in-ground pool, spa or pond (a structure) to collapse or “float” i.e.rise from its constructed and/or installed depth in the ground when some or all of the weight of the water in the structure is removed. This collapsing or“floating” can cause extensive damage to the structure, its related underground water lines, associated decking, landscaping and other appurtenances. No more than one-half (1/2) of the water should be removed from such a structure without professional assistance. The customer assumes all responsibility and liability for any damage resulting from hydrostatic pressure when Sparkle Pool Service is requested, instructed and/or contracted to drain any portion of the water from a pool, spa, pond or other structure, for any purpose whatsoever, and/or when the customer drains any portion of the water from an in-ground structure, for any purpose whatsoever, at the request, instruction or suggestion of Sparkle Pool Service. Sparkle Pool Service does not conduct, or cause to be conducted, soil water-saturation studies unless specifically so requested in writing by the customer. Such studies, when so requested, will be conducted at the customer’s expense. Rather, the company will assess observable and apparent terrain contours, surface water, soil surface dampness, recent weather and weather forecasts in order to minimize the possibility of damage due to hydrostatic pressure. These observable and apparent conditions do not always accurately predict the risk of hydrostatic damage. Sparkle Pool Service assumes no responsibility or liability whatsoever for damage to any structure, resulting from hydrostatic pressure.

Binding Arbitration
All parties receiving service, merchandise and/or equipment from Sparkle Pool Service, and/or property owners or tenants where service was rendered or merchandise and/or equipment delivered and/or installed (hereinafter called “qualified parties”) agree that any and all unresolved disputes and/or claims arising between one or more qualified parties and the company or its agent, employee, successor or assign, (all hereinafter referred to as “company”) will be subject to binding arbitration at the election of either party. A “dispute” includes any action, disagreement, claim or controversy of any kind arising between a qualified party and the company, except that it does not include actions initiated by the company in any court of law to collect lawful charges. Any arbitration proceedings hereunder shall be conducted by the American Arbitration Association (AAA). Rules and forms of the AAA may be obtained and claims may be filed at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, telephone 877 495-4185. The place of arbitration shall be Indianapolis, Indiana. The party electing to have the claim resolved by arbitration shall notify the other party of that election, in writing. The notice can be given after the other party has started a lawsuit. The party asserting the claim shall have the responsibility of filing the claim with the AAA. The decision of the selected arbitrator shall be final and binding on the qualified party and the company. No claim may be arbitrated as a class action nor may it be consolidated or joined for any purpose with the claims of any other persons. This Arbitration section applies to all claims now in existence or that may arise in the future. The arbitrator shall not add to, subtract from or modify the terms and conditions set forth in this Agreement.

Failure to Enforce Not Waiver
The failure of the company at anytime to require performance by the other party of any provision of this Agreement shall not affect in any way the full right to require the performance at any subsequent time. The waiver by the company of a breach by the customer shall not be held to be a waiver of the provision itself.

Paragraph Headings
The paragraph headings in this Agreement are for convenience only and shall not be deemed to define, limit or describe the scope or intent of this Agreement or in any way affect this Agreement.

Severability of Provisions
The fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule or regulation of any governmental agency, federal, state or local, shall not affect the validity of any other provision of this Agreement

Governing Law
This Agreement and all matters arising out of or in connection with this Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana.