Terms

CUSTOMER GIVES UP RIGHTS PROVIDED UNDER NEW YORK PLAIN LANGUAGE LAW. 1. This confirmation is expressly made conditional on Buyer's assent to all of the terms and conditions hereof, and failure to object in writing to such terms and conditions within 10 days after receipt hereof, or acceptance by Buyer of the goods described on the front side hereof, shall be deemed and assent to all of such terms and conditions. 2. This confirmation contains a final, complete and exclusive statement of the terms and conditions of the agreement between Buyer and Seller relative to the sale of the goods described or referred to on the front side hereof, and there have been no verbal understandings or agreements or warranties relative thereto other than those herein stated. No change, termination or attempted waiver of any of the provisions hereof shall be binding upon seller unless in writing and signed by an authorized manager of seller. No manager or other agent of Seller is authorized to agree to any change, termination or waiver of the provisions hereof in any other way. The waiver by Seller of any terms, provisions or condition hereof shall not be construed to be a waiver of any other term, condition or provision hereof, nor shall such waiver be deemed a waiver or subsequent breach of the same condition or provision. In the event Buyer shall default in its obligations under the agreement, Buyer shall be liable for Sellers cost of collection, including reasonable attorney’s fees. 3. None of the terms, provisions and conditions of this Confirmation and/or agreement (herein after called “Agreement”) resulting from Buyer’s failure to object to any of the terms and conditions of this Confirmation as aforesaid or Buyer’s acceptance of the goods described or referred to on the front side hereof may be modified, altered or added to accept by written instrument signed by a duly authorized agent or Seller. 4. (a) Seller warrants to the original owner for use that all the component parts of the goods described or referred to on the front side hereof (other than pool liner) will be free of defects in material and workmanship at the time of original inspection by Buyer before installation. This does not limit any, if any, warranties made by manufacturer to Buyers in general. Buyer agrees to hold Seller completely harmless in the event of breach of any such warranties by Manufacturer. (b) Seller warranties the pool liner to the original owner for use to be free from open seams and defective vinyl material at the time of original inspection by buyer before installation, provided that such defective liner is presented clean and dry at the premises of seller for verification of such defect. The foregoing warranties by Seller apply only if the liner or parts fail due to manufacturing or material defect and have not been damaged by reason of accident, abuse, carelessness, negligent installation or maintenance or any cause not the fault of material or manufacture. Such defective components or liner shall be brought to the complaint department of Seller during regular complaint department hours within 10 days of Buyers pre assembly inspection. Seller shall repair or replace such component part at Seller’s option. Failure by Buyer to submit any claim within the manner and periods prescribed in the proceeding paragraphs shall be an admission by buyer and conclusive proofs that such goods are in every respect as warranted and shall release Seller from any and all claims for damage or loss sustained by Buyer. Buyer shall assure Seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. In the event Buyer timely submits a claim for breach of warranty, Buyer’s remedy shall be limited to the repair or replacement of such defective parts, or, at Seller’s option, a refund or credit of the price of defective goods. In no event shall Seller be liable for incidental or consequential damages (including, but not limited to cost of redelivery, installation or reinstallation of such component to the whole and reinstallation or redelivery of the entire item itself). The foregoing warranties ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND WARRANTIES FOR FITNESS FOR PURPOSE), and all other obligations and/or liabilities of every conceivable kind and character whatsoever, relative or attributable to and/or connected with the subject matter of the foregoing warranties, on the part of the seller. Seller neither assumes nor authorizes any person to assume for it any other or different obligation or liability in connection with the goods described on the front side hereof. 5. Upon delivery or tender of the goods described on the front side hereof F.O.B. at Seller’s place of business, all risk of loss, delays and other incidents of ownership shall immediately pass to the Buyer, but title to such goods will be retained by Seller as security for Buyer’s performance until payment in full is received. 6. Each delivery shall be conclusively deemed in accordance with the agreement, unless a) Within 10 days of receipt of goods by Buyer, b) Buyer gives Seller an opportunity to inspect the goods on Seller’s and/or Buyer’s premises, c) And Buyer specifies the reasons therefore. The exclusive remedies for Buyer, shall be at the option of Seller either repair and replacement of such nonconforming goods or the issuance of a credit or refund of the purchase price of those specific item for which such claim is made. No claim shall be made by buyer which is in excess of the purchase price for such specific item claimed. No claim will be allowed for goods after they have been used or where assembly of such item has been commenced and no claim will be allowed for damage done to goods that have been improperly shipped, stored or installed. No claim of any type shall be made against seller after 30 days of receipt of said goods by buyer. 7. Seller shall in no event be liable for incidental or consequential damages resulting from its breach of any of the terms of the agreement, or in the event the goods described of the front side hereof do not conform to specifications. Seller shall in no event be liable for Buyer’s special or consequential damages. All shipping charges shall be responsibility of Buyer. 8. The laws of the STATE of New York shall govern and construe this agreement. Buyer agrees New York is a convenient forum state for resolution any disputes hereunder and consents to the jurisdiction of the Courts of the state of New York. 9. Buyer agrees to be bound by the policies of seller and has read all such policies before placement of this order. 10. Cancellations subject to a 15% service charge. BUYERS RESPONSIBILITY ON RECEIPT OF MERCHANDISE If the item is Truck Line shipped, (pools, heaters, large filters, slides) you must note and indicate on the delivery receipt that the item is being received as damaged, or refuse the delivery. If you sign for a Truck-Line shipped item as "Received in Good Condition" and it was in fact damaged, there is no recourse with the shipper, and thus no recourse with us. Please inspect all packages upon receipt for shipping damage, missing or incomplete items While the driver is there, compare the pieces of freight you are receiving to the delivery receipt. If condition and quantity of your freight is acceptable, the driver will ask you to sign the delivery receipt. The driver will give you a copy, and take the original signed copy with him/her (as proof of delivery) for his/her employer's records. A signed delivery receipt with no exceptions is called a "clear delivery." Clear deliveries mean that there were no shortages or visible damage at the time of delivery. It is very important that the buyer follows the delivery procedure described above. If the buyer determines that all or a portion of the merchandise has been damaged, the buyer must refuse to accept the shipment or note the exact damages on the freight bill and replacement parts will be sent. Any damaged parts that are not noted at the time of receipt by the buyer will be replaced at the buyer's cost (including shipping costs).