North Side Pool Services
Summary of critical Terms and Conditions

Please read these Terms and Conditions carefully
It is conditional that you as the client acknowledge that by paying the requested deposit amount of 70% you accept the quotation as well as the terms and conditions stipulated below.

 

If plans are attached to this Contract and are signed by the parties for purposes of identification, they
form part of the terms and conditions agreement. In case of conflict between the provisions stated in such plans and the
terms within Contract, the terms within the Contract shall prevail.
The Client / Owner must indicate to the Contractor which wall of house / boundary wall, or other
must be used as the reference point to parallel one of the pool walls to.
The Owner / Client shall be responsible for the supply of Water (which shall be a minimum of 2 bar)
and Electricity during construction and for the provision of Toilet facilities for the Contractor’s employees for the duration of the contract.
This also applies to any work carried out under guarantee.

 

FILLING OF POOL
The Owner / Client shall be responsible for supplying a hose and filling the pool with municipal
supplied water, turning off the water supply and treating the water with the correct / appropriate
chemicals. North Side Pool Services. may not be held liable for any discolouration, scaling,
patchiness, streaking or other caused by any water supply. It remains the responsibility of the client to test the water supply for suitability.
8.1.1 Should the Owner / Client fill from well-point, borehole or any outside source it is the
responsibility of the Owner / Client to test the water supply for suitability.
8.1.2. Should any restrictions exist preventing the use of the local water supply the cost of obtaining
an alternative supply would be for the cost of the Owner / Client unless otherwise specified.

 

EMPTYING OF POOL AND / OR STORAGE OF WATER
8.2.1. If emptying of the pool is included in the contract it is the responsibility of the Owner/ Client to
indicate where the water is to be disposed of.
8.2.2. If the on – site hire of bladders has been included in the contract the filling and emptying of
same is to be the responsibility of the Contractor.
8.2.3. Any damage occasioned to bladders whilst on site will constitute either a repair or
replacement cost for Owner / Client. Under no circumstances must any persons / animals or other
be allowed to climb on to or jump on or be placed against or on to the water bladders.
8.2.4. Whilst the bladders are checked for leaks on delivery and filling, it is understood that wear and
tear may result in a loss of water through either a small hole / tear or total loss as a result of the
failure of the bladder by any other means either accidental or deliberate. Under no circumstances is
the Contractor responsible for the cost of replacing any water that has been lost as a result of any / either of these occurrences.
8.2.5. In the event that North Side Pool Services is delayed by weather conditions, additional
alterations made by the client, public holidays, or any other reason not caused by the contractor, the
additional bladder hire days cost will be the responsibility of the owner.
9. The Owner / Client being familiar with his / her requirements and property boundaries, shall
observe the proposed pool when pegged out on site and shall approve the location and
elevation of same. There shall be no liability on part of the Contractor for incorrect location
thereof, whether on Owner’s property or the property of the third person, and the Owner shall
indemnify the Contractor against any claim or demands made by any person in respect of any such correctness.
9.1 In all cases a fixed bench mark and or finished datum level to be indicated by Owner / Client to the Contractor.

 

 EXCAVATION
10.1. No allowance is included for excavation in waterlogged soil, hard or soft ground, rock, clay,
shale, ouklip, or ground containing boulders and tree stumps. Conditions requiring the use of picks,
pneumatic breakers, blasting, sub-soil drainage or any extra handwork in connection with the above
will be the subject of a special quotation and is specifically excluded from this contract.
10.2. Underground obstacles -The choice of the site of the pool rests with the Owner / Client,
although every care will be taken to site the pool away from the existing underground obstacles,
such as sewers, soakaway’s, electrical cables, water pipes and drains etc. In the event of such
obstacles being encountered in the excavation, the cost of diverting or removing same will be the
subject of a separate agreement and is excluded from this contract. The Owner / Client is solely
responsible for establishing the situation of any such obstacles.
10.3. No allowance is included for excavation and removal of builders rubble, septic tanks or the like.
10.4. Removal of trees, tree trunks and the like including cartage away of same is excluded from our contract and subject to an additional charge.
10.5. Should the Owner / Client not be immediately available to authorize extra costs relating to subsoil draining or shuttering, the Owner / Client acknowledges that it is in his / her interest for such.
work to proceed in order to minimize extra costs to the Owner / Client.
10.6. Where hazardous conditions, such as expanding clay, pot clay, collapsing soil or fill exist:
10.6.1. The Owner / Client will if so required by the Contractor call for the services of a Consulting
Engineer who will submit his recommendations to the Contractor.
10.6.2. Should these recommendations call for additional construction over and above the
specification used for a pool in normal soil conditions, these additions will be subject to additional charges.
10.6.3. The Contractor will then not assume responsibility for the structural soundness of the pool.
10.6.4. Should ground conditions exist that require retention / shuttering of pool by either
shutters and or bags with stabilised sand / soil this will result in additional costs.
10.7. Underground water – The discovery of underground water resulting in the need to carry out
dewatering will result in additional charges. This includes any additional excavation, shuttering,
shoring, construction of stone drains, agricultural drains or capillary trenches or hiring of specialised
equipment. This also includes a daily pump hire cost for the Owner / Clients account. It is incumbent
upon the Owner / Client to ensure that any dewatering pumps are to be operating constantly. Should
power be unavailable for any reason the contractor reserves the right to hire a generator which will be for the Owner / Clients account.
10.8. Where soil is to be left on site this is taken to mean, if excavated my machine and or hand to be
within 10 meters of the pool site. In the case of hand excavation this is deemed to mean cartage of
excavated material with the use of wheelbarrows. All rock and / or concrete found on site during
excavation to remain on site, removal of same is subject to additional charges.
10.9.1. Where soil from excavation is deposited on / at an agreed position, should the Owner / Client
require it to be relocated or removed from site this will constitute an additional charge.
10.9.2. Where soil from the excavation is insufficient to level the area around the pool, any additional
soil / fill brought in will be subject to additional charges.
11. Any work and or the supply of generators or any materials or equipment additional to that
provided for in the specification will be subject to additional charges.
12. Payment for additional work is to be in advance of work unless cost is unknown. If cost is
unknown, and the anticipated cost is above R 5000.00 a fifty percent deposit is to be paid and
final payment is to be made immediately on completion of such work.
13. The Contractor is not bound by any verbal statements or representations made or which may
be made by any salesman, employee, representative or person purporting to act for or on behalf of the Contractor.
14. In the event that any payment shall not be paid when due, the Contractor may, at its discretion,
declare the entire balance due and payable and may stop work until such balance is paid.
14.1. The Contractor shall then forthwith have the right to claim payment of all amounts due under
this contract. Ownership of all equipment and material delivered to the work site or Owner / Client
remains vested in the Contractor until the Owner / Client has made payment to the contactor in full in terms of the agreement.
14.2. The Owner / Client authorizes the Contractor to remove any equipment and or material
associated with the contract from site should payment be delayed or not made according to the
contractual terms of agreement. Furthermore, the Owner / Client grants access to site at any time to
collect / remove tools and or equipment delivered to site during this time or after the completion of the contract.
14.3. Amounts not paid when due shall bear interest at the prevailing prime bank overdraft rate of
FNB and be payable on demand. The Owner / Client acknowledges that any leniency shown by the
Contractor in accepting deferred payment does not reduce the Contractor’s right to apply the provision of 14, 14.1 & 14.2.
13.3. The Owner / Client shall pay the Contractor’s attorney / Client costs including collection
commission in the event of the Owner / Client breaching the terms and conditions of this contract.
13.4. Any extra costs arising out of these conditions, forming the subject of one or more separate
agreements as referred to, will be charged for in accordance with our current price list or as
determined from time to time by an independent body chosen by the Contractor.
13.5. The Owner / Client hereby agrees and consents that the Contractor shall be entitled at his
option to institute any legal proceedings which might arise out of or in connection with this
Agreement in any Magistrate’s Court having jurisdiction in respect of the person of the Owner /
Client in the terms of Section 28 of the Magistrate’s Court Act No. 32 of 1944.
14. The Contractor, with its philosophy that “”nothing we do today is good enough if a better way
can be found tomorrow”” reserves the right to make product changes and / or improvements at any time without notice.

 

ELECTRICAL
15.1. Unless specifically quoted for all electrical connections are excluded. This includes mains cable,
pump & motor cable and connection’s, heat pumps, chlorinators and the like including underwater light cables from the light fittings to junction box / db board, etc.
15.2. Unless specifically quoted for all db boxes, time clocks, isolator switches and light transformers are specifically excluded from the contract.
15.3. Should a junction box / db board exist for use with the new pool or renovation and / or
remodelling of an existing pool it is deemed to be understood that same is in optimal working
condition including all breakers, on / off switch, motor switch, light switch light transformer (if
existing) and timeclock including mains cable and light cable. Upgrading of same is excluded.
15.5 The installation of an Earth Leakage Relay is specifically excluded from this contract. Where the
local authority concerned specifies such installation, the Owner / Client shall be responsible for the
costs thereof. The earthing of the other circuits other than the filtration plant is specifically excluded
from the contract – where the local authority concerned specifies such installation the Owner/ Client shall be responsible for the cost thereof.
15.6. In the event the Client / Owner carrying out the electrical connections any delay thereof will
result in delay in commission of the pool. This may result in damage to the interior cosmetic finish. Repair of same is specifically excluded from our contract.
15.7. Electrical connection to the filtration system and pool lighting must be completed prior to the
cosmetic application to the pool interior. Any damage resulting from a delay in this regard will not
be the responsibility of the contractor and cleaning or repairing of same if possible, would be subject to an additional charge.
15.8. Once the electrical connection has been completed under no circumstances must the system be
turned on as this can result in damage to both the pump & motor, chlorinator, heat pump, pool lights etc.
16. Should there be any existing pool equipment, namely pool pump & motor, filter, chlorinator
and cell, heat pump, solar heating system, pool light etc. which has not been included in the
contract but is required to be installed it is understood that same is in optimal working
condition. Should it be found upon installation and commissioning that all or any part of the
equipment is found to compromised resulting in incorrect or nil operation off said system then
repair or replacement of same will constitute an additional charge.
17. Should construction not commence within 30 days of written acceptance unless specified or
should the Owner / Client / Agent delay the Contractor in continuing with the work for more
than 15 days once work has commenced, the Contractor will have the right to revise the contract price.
17.1. Furthermore, should the Owner / Client for any reason whatsoever delay the final cosmetic
finish the contractor shall not be liable for any damage caused by the flotation of the swimming pool
shell and or consequential damage brought about as a result of ground water and or flooding or any
damage to any / all finishes or equipment already supplied / installed or loss thereof. Repair /
replacement of same will be subject to a separate quotation supplied by the Contractor.
17.2 No responsibility can be assumed by the Contractor for the delay in completion of the Contract,
or any portion thereof, arising out of the late delivery of equipment, inclement weather and / or any
circumstances including Force Majeure (Act of God) beyond its control.
18. The pool is considered completed once the cosmetic finish has been applied prior to the filling
of the pool with water. From commencement of the Marble plaster process until the pool has
been completely filled with water under no circumstances must any persons and / or animals
enter the pool and / or anything be placed into the pool and watering by hand or sprinklers,
manual and / or automatic must not take place until the pool, is completely filled with water.
18.1. Once Contractor / Owner / Client / Agent has commenced filling of the pool, the Owner / Client
will ensure that the pool is filled constantly with no interruption and will turn off the water supply
when the pool is full. If the water supply is interrupted during the filling process this can result in
horizontal stains / marks, staining, hairline cracks, damage and the like for which the Contractor
may not be held responsible. Any staining, marks or the like that may get on to the plaster, or any
damage occasioned to the plaster during the filling process is not the responsibility of the Contractor.
18.2 Any staining, marks or the like that may get on to the plaster resulting from 18.00 & 18.1 is not the responsibility of the Contractor.
18.3. Furthermore, client must ensure that the pool remains full of water at all times as any drop in
water level can result in damage to the plaster and or flotation of the shell.

 

INTERIOR COSMETIC FINISHES
19.1 Marble plaster / Beach Plaster
North Side Pool Services takes no responsibility for discoloration, marks or stains that may get into
or onto the cosmetic finish of the interior of the pool. Trowel marks and undulations do occur as this
is a finish which is applied by hand. This is more noticeable at night when the pool lighting is on. If
the pool is correctly maintained the cosmetic finish should last for many years. Shrinkage cracks do
occur but are not detrimental to the pool shell in any way. The contractor shall not be responsible for repairing same.
19.1.1. Color uniformity cannot be guaranteed and colour variance in the form of patchiness,
blotching, streaking, spotting and the like are acceptable within the industry. This is more noticeable
with darker colours, charcoal etc. During the application of charcoal plaster or any other colour than
white it is quite normal for leaching to occur which appears as white “blotching” which fades during the curing process once the pool has been filled with water.
19.1.2. Marble plaster is guaranteed against delaminating for one (1) year from the date of filing with water.
19.1.3. In the case of renovation / remodeling / completion of a shell constructed by a third party,
where Marble plaster is included in the contract, it is assumed that the substrate (ie: pool shell / and
/ or plaster) onto which the Marble plaster is to be applied is of suitable and sound construction.
19.1.4. In the case of renovation and or remodelling, if the contract includes re – plastering an
existing Marble plaster pool, should it be found on preparation of the existing plaster that any cracks
and or seepage exist in the pool shell this will be subject to a separate quotation and constitute an additional charge.
19.1.5. Any repair to the Marble plaster will result in a variance of colour for which the Contractor
will not be held liable. Any repair work is restricted to the affected area only.

 

 Fiberglass Lining
19.2.1 The nature / properties of Fiberglass / GRP lining is such that our standard guarantee

excludes:
19.2.2. Marks or stains or discoloration or hairline cracks that may occur on the gelcoat / pool-coat surface.
19.2.3. Unevenness or undulations as a result of the pool shell or plaster finish.
19.2.4. “Osmosis – “”Black Plague””
19.2.5. Any damage / or failure to the fiberglass lining resulting from any movement in the pool structure or substrate.
19.2.5. Delamination which can occur but is in no way detrimental to the water holding properties of the lining.
19.2.6. Colour uniformity cannot be guaranteed and colour variance in the form of patchiness,
blotching, streaking, spotting and the like are acceptable within the industry.
19.2.7. Fibreglass is guaranteed for one (1) year from the date of filling with water. The term implies
that the fibreglass lining is capable of containing and holding water, and in the event of failure to do
so, the contractor will within the set period repair same so that it does hold water. Any repair to the
gelcoat / pool-coat will result in a variance of colour for which the Contractor will not be liable. Any repair work is restricted to the affected area only.
20. Unless advised to the contrary by the Owner / Client it is assumed that the substrate (i.e.: pool
shell / and / or plaster) onto which the fiberglass is to be applied is of suitable and sound construction.
21. In the case of renovation / remodeling / completion of a shell constructed by a third party,
where fiberglass lining is included in the contract, it is assumed that the substrate (i.e.: pool
shell / and / or plaster) onto which the fiberglass is to be applied is of suitable and sound construction.
21.1. In the case of renovation and or remodeling, if the contract includes fiberglass lining an
existing fiberglass lined pool, should it be found on preparation of the existing fiberglass lining that
any cracks and or seepage exist in the pool shell this will be subject to a separate quotation and constitute an additional charge.

 

GUARANTEES
22.1. On completion of the contract, once the pool has been filled with water, the Guarantee as
detailed below will come into effect, provided the owner has complied in full with the terms and
payment and other conditions of the Contract. It is agreed that no claim may be made under the
Guarantee and no obligation to make any adjustment thereunder will accrue to the Owner until the
full indebtedness of the Owner to the Contractor is paid. All statutory or implied Guarantees, other
than those in terms of the guarantee document, are hereby expressly negated and excluded. Any
agreement varying the terms and conditions of this contract, and by variation including cancellation,
shall be of no force or effect unless contained in writing and signed by the Owner / Client and the
Contractor and no verbal agreement of any kind whatsoever shall have any force or effect.
22.2 Full ownership of all material and equipment delivered to site remains the property of the
Contractor until final payment has been made until full and final payment has been made. Refer 14.2
22.3. It is the responsibility of the Owner, Client, Agent to insure against theft, loss or damage either
wilful or unintentional from the commencement on site until the swimming pool is deemed complete not withstanding Clause 22.2 above.
22.4 Guarantee: – Guarantees are not transferable.
The pool is guaranteed for 1 year from the date of filling. Contractor guarantees that the pool shell
will remain structurally sound. The term implies that the pool is capable of holding water, and in the
event of failure to do so, the contractor will within the set period repair same so that it does hold
water. The structural guarantee will not extend to cover items external to the pool such as coping,
paving, plastering, coating, walls, plumbing, electrical, filtration, reticulation, chlorination system,
pool heating, timber decks, pool accessories and the like. Walls, decking, paving or other construction work is not
guaranteed against normal cracking, checking, raising, settling, efflorescence or discolouration.
22.5. The contractor is not liable for any occurrence or damage caused by expansion of soil,
uncompacted soil, untested fill, unstable slopes or any earth movement from any cause including
ground water or the introduction of excess moisture into the ground whether by acts of human agency or as a result of any natural elements.
22.6. In the unlikely event of repairs or remedial work which will necessitate emptying of the pool,
the cost of emptying to waste is for the Contractors account.
The following costs will be for the Owner / Client account.
22.6.1. The cost of water to refill the pool.
22.6.2. Should the Owner / Client opt for the water to be stored in bladders on site (subject to space
availability) the cost of hire of bladders, filling and emptying bladders is for the Owner / Client\ account.
22.6.3. The cost to supply chemicals and treat the pool water on re-filling of pool.

 

Filter Guarantee
The filter tank only, or any part of the pump or motor, which may prove defective within six months
of installation owing to poor material or workmanship, fair wear and tear excluded will be replaced
free of charge. Only labour will be chargeable. The guarantee will become nil and void if any work
whatsoever is carried out by unauthorized persons. This guarantee is limited to the supplier / manufacturer’s guarantee / warrantee.
22.8. Underwater lights carry supplier / manufacturers guarantee / warranty.

 

 CONSTRUCTION
23.1. The pool according to the Contract Specification will be constructed in either steel reinforced
gunite / pneumatically applied concrete or hand pack concrete or r/f concrete floor with brick / block steel reinforced wall with concrete infill.
23.2. All sizes quoted or specified are approximate only and a tolerance of 100mm is acceptable on both gunite and hand – packed concrete shells.
Please note that undulations do occur during any of these construction methods which may also be
noticeable after the cosmetic finish has been applied and the pool is filled with water.
23.3. On completion of excavation the Contractor reserves the right to enter into negotiation with
the Owner / Client should ground / site conditions exist whereby it is more beneficial to change the method of construction.

 

LIABILITY
24.1. Public liability insurance is specifically excluded in our contract unless specified.
24.2. The contractor, it’s representatives or servants shall not be liable to the owner, for any injury,
loss or damage which may be occasioned to any person, animal or property by, in the course of or as
a result of the excavation, construction, installation or completion of the swimming pool or the
filtration plant or any portion thereof, or the bringing on to, storage on or removal from the site of
any plant, machinery, materials or equipment for or in connection therewith.
24.3. The Owner / agent / acknowledges that the pool will be emptied at his / her own risk. The
contractor will take reasonable care in emptying the pool but will not be responsible for damage
caused to the pool structure, surround (including plants, trees etc.) filtration system, or plumbing ( pump to be isolated during renovation), as a result thereof.
24.4. Notwithstanding any guarantee or other clause contained in this quotation, the contractor shall
not be liable for any damage or loss directly or indirectly, proximately or remotely occasioned by,
contributable to or traceable to or arising out of or in connection with the fault of any third party,
earthquake, flood, volcanic eruption, blasting, landslide, war, invasion or war like operation, civil
war, not civil commotion, mutiny or rebellion, Force Majeure (Act of God), the failure of collapse of
any wall or other structure built erected by any third party or by direct consequence or any of the
said occurrences and in the event for any claim for damage or loss by the owner against the
contractor arising out of this quotation, the owner shall prove that the loss or damage or liability
arose independently of and was in no way connected with or traceable to any of the said occurrences
or consequence thereof and in default of such proof the contractor shall not be liable to the owner in respect of such loss or damage.
24.5. Should the Owner / Client for any reason delay either construction on the swimming pool or
payment, resulting in an extension to the construction period, it is to be understood that the shell
integrity may be compromised due to hydrostatic pressure (which may result in flotation of the
shell) and / or damage to the pool shell, finishes and equipment. Any replacement or repair to same would constitute additional costs to Owner / Client.
24.6. Any damage occasioned to the pool shell, finishes (pool surround, mosaic, cosmetic internal
finish), reticulation, filtration and / or other equipment supplied and / or installed on site, by Owner
/ Client, Third Party Contractors on site or animals may result in additional charges to rectify same.
24.7. Should there be a dispute during the construction / renovation / remodelling process under no
circumstances can the Owner / Client call in a third party to complete the pool. The Contractor must
be allowed access to site to complete the pool according to the Contractual Specification. If the
Contractor is denied access to site to complete the pool the Contractor shall then forthwith have the
right to claim payment of the total balance of the contract amount and remove any material and / or equipment from site not paid for.
25. The contract shall be deemed to be completed once the cosmetic finish has been applied to the
interior of the pool. Until such time as completion has taken place as defined herein, the client
hereby irrevocably grants access to the Contractor to his property to complete or make any
variations to the pool as are necessary and to collect any material and / or equipment.
25.1. It is recommended that the internal cosmetic finish (marble plaster, fibreglass lining etc) is
only carried out once all external work has been completed ie. Paving, building, hard and wet
landscaping, etc. If the Contractor is instructed to complete the internal cosmetic finish, (marble
plaster, fibreglass lining etc.) against the recommendation of the Contractor prior to the foregoing,
the Contractor does not accept any responsibility for any damage occasioned thereto. This includes but is not restricted to staining, chipping etc.
25.2. No Poaching. For the term of this Agreement, neither party shall either directly or indirectly
solicit or entice away (or seek or attempt to entice away) from the employment of the other party,
any person employed by such other party in the provision or receipt of the Services. For the avoidance of doubt.
26. Cancellation of contract- In the event that the Owner / Client cancels or purports to cancel this
agreement, the Contractor shall be entitled to recover agreed and liquidated damages from the
Owner and the sum of 15% of the total contract price, which the owner acknowledges does not
constitute a penalty but a genuine pre estimate of part of the damages suffered by the Contractor.
27. Payment for additional work is to be in advance of work unless cost is unknown. If cost is unknown,  payment is to be made immediately on presentation of invoice.
27.1. Should authorisation not be immediately available work will continue up to the value of R3000
28. Any credit brought about by the reduction of the contract value and agreed to by the Contactor will be credited at cost only.

 

RENOVATION & OR REMODELLING OF EXISTING POOL

30.1. If the Contractor is required to empty the pool, although all due care will be taken to establish if
there is a high-water table, the Contractor accepts no responsibility for flotation of the shell,
collapsing of paving or any other resulting damage to reticulation, filtration and / or the like.
30.2. If the Contractor is required to empty a prefabricated fibreglass pool, although all due care will
be taken to establish if there is a high-water table, the Contractor accepts no responsibility for
flotation or collapsing or cracking of the shell, collapsing of paving or any other damage resulting to reticulation, filtration and the like.
30.3. In the case of any backfilling, repair to or on an existing prefabricated fiberglass pool the
Contractor will take all due care while repair work is being carried out, however accepts no
responsibility for flotation or collapsing of the pool shell, and / or any cracks, tears or the like that
may occur during either emptying of the pool, repair work or re-filling of the pool including relaying of coping and or paving.

 

 POOL TRIM / COPING AND PAVING

31.1. Where pool trim / coping is included in the contract and sourced from a third party the
Contractor accepts no responsibility for variance in size, thickness and / or colour uniformity.
31.2 It is the responsibility of the client to ensure that an expansion joint is allowed for if any paving
is to be laid abutting the pool trim / coping. This is specifically excluded from our contract unless quoted for.
32. On completion of the pool once the filtration system has been commissioned the contractor
will carry out the initial / first vacuuming of the pool, however will not be held responsible for
any further cleaning. Pool care instruction will be given to the Owner / Client / Agent on startup of the pool.
33. The responsibility lies with the Owner / Client / Agent to read, review and understand the Pool
Care Instruction relating to all equipment, chemical treatment, maintenance and cleaning of the pool and associated equipment.