Terms and conditions

TERMS AND CONDITIONS FOR SWIMMING POOL MAINTENANCE & REPAIR SERVICES

These Terms and Conditions ("Agreement") are between Becken Pool Service LLC, located at 1406 E Main ST, Frederickburg TX 78624 ("Company"), and the customer identified in the Service Order or Invoice ("Client"). Together, the Company and Client are "Parties."

1. Scope of Services 1.1 Services: Company will provide pool maintenance, cleaning, chemical balancing, equipment inspection, repairs, replacement, and related services as described in the Service Order ("Services"). 1.2 Exclusions: Services do not include structural repairs (unless expressly agreed), plaster/resurfacing, deck, fence, or landscaping work, permitting, or work not listed in the Service Order.
2. Estimates, Quotes and Orders 2.1 Quotes: Written estimates or quotes are valid for [30] days unless otherwise stated. 2.2 Acceptance: Services commence upon Client’s acceptance of the Service Order or quote and payment of any required deposit. 2.3 Changes: Any change that alters price or schedule requires a written change order signed by both Parties.
3. Scheduling and Access 3.1 Schedule: Company will perform Services on the schedule set in the Service Order or as otherwise mutually agreed. Company will make reasonable efforts to meet scheduled times but is not liable for delays due to weather, parts availability, or circumstances beyond its control. 3.2 Access: Client must provide safe access to the pool, equipment, and necessary utilities. Company may suspend services if access is unsafe or obstructed; additional fees may apply.
4. Client Responsibilities 4.1 Utilities: Client must provide electricity, water, and hot water as required and ensure pool area is safe and free of hazards. 4.2 Pre-existing Conditions: Client must disclose known conditions (e.g., recent repairs, leaks, pets, pool covers). Company is not responsible for undetected pre-existing damage. 4.3 Personal Items: Client must remove or secure personal items. Company is not responsible for damage to items left in the work area.
5. Materials and Equipment 5.1 Materials: Company will supply required materials and replacement parts unless otherwise agreed. Client may request specific brands, subject to availability and pricing. 5.2 Warranties on Parts: Warranties on parts are the manufacturer’s; Company will pass through manufacturer warranties where applicable. Company’s repair warranty is stated in Section 8.
6. Pricing, Payment, and Deposits 6.1 Rates: Services charged at the rates as agreed in the quote or invoice. 6.2 Deposit: A deposit may be required for certain jobs, parts, or first-time clients as specified in the quote or Service Order. 6.3 Payment Terms: Unless otherwise stated, payment is due within 30 days of invoice date. For recurring maintenance, Client authorizes automatic billing as agreed. 6.4 Late Payments: Late amounts accrue interest at the highest rate permitted by law, plus collection costs and attorney fees. 6.5 Returned Checks: Returned checks incur a fee as stated on the invoice.
7. Warranty and Repairs 7.1 Service Warranty: Company warrants that Services will be performed in a professional manner for 30 days from completion. This warranty covers only labor performed by Company and does not cover parts subject to manufacturer warranty or damage caused by misuse, negligence, or acts of God. 7.2 Remedy: Company’s sole obligation under this warranty is to re-perform defective services at no additional labor cost within the warranty period. No refunds unless otherwise agreed in writing.
8. Limitation of Liability 8.1 Exclusion of Consequential Damages: To the maximum extent permitted by law, Company’s liability for any claim related to Services is limited to direct damages not to exceed the total amount paid by Client to Company for the specific Services giving rise to the claim. Company is not liable for lost profits, loss of use, or consequential, incidental, or punitive damages. 8.2 Risk Allocation: Client assumes all risk for pool use and operation after Services are completed and accepted.
9. Insurance Company maintains commercial general liability insurance as required by law. Certificates available upon request.
10. Cancellation and Termination 10.1 Client Cancellation: Client may cancel scheduled Services with at least 24–48 hours’ notice; less notice may incur a cancellation fee as specified in the Service Order. 10.2 Company Cancellation: Company may reschedule or cancel for safety, weather, or equipment availability; Company will notify Client and reschedule promptly. 10.3 Termination for Cause: Either Party may terminate if the other breaches material obligations and fails to cure within 10–30 days after written notice.
11. Safety and Compliance Company will comply with applicable safety standards and regulations. Client agrees to follow Company’s instructions regarding chemical handling and pool restrictions during and after service.
12. Confidentiality Each Party will keep confidential any non-public business information received from the other; this does not apply to information that is publicly available or lawfully obtained from third parties.
13. Intellectual Property Any documents, reports, or service protocols prepared by Company remain Company property unless otherwise assigned in writing.
14. Force Majeure Neither Party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, strikes, supply shortages, government actions). Performance time is extended accordingly.
15. Dispute Resolution 15.1 Negotiation: Parties will attempt to resolve disputes by good-faith negotiation. 15.2 Mediation/Arbitration: If unresolved within 30 days, disputes will be submitted to mediation, and if not resolved, to binding arbitration under the rules of a mutually agreed arbitration organization. Judgment on the arbitration award may be entered in any court with jurisdiction. 15.3 Small Claims: Nothing prevents either Party from pursuing a claim in small claims court if the claim qualifies.
16. Governing Law and Venue This Agreement is governed by the laws of the state applicable to the Service Order. Venue for any court action will be as stated in the Service Order.
17. Notices Notices under this Agreement must be in writing and delivered by email to the address stated on the Service Order, or by certified mail to the physical addresses on file.
18. Entire Agreement; Amendments This Agreement and the Service Order constitute the entire agreement and supersede prior agreements. Amendments must be in writing and signed by both Parties.
19. Severability If any provision is held invalid, the remainder remains in full force and effect.
20. Acceptance Client’s signature on the Service Order, acceptance of quote, or authorization for work constitutes acceptance of these Terms and Conditions.