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TERMS AND CONDITIONS

Except as otherwise provided in the work order BARRACUDA CONSTRUCTION guarantees of the customer named on the ESTIMATE, the machinery, materials, equipment, and the work described on the ESTIMATE (collectively, WORK) to be free from defects in material and workmanship for a period of 60 days from the date of installation, provided that all payments due BARRACUDA CONSTRUCTION have been made. BARRACUDA CONSTRUCTION  to replace,   of charge, any part or parts of the described WORK which failed due to defect in material or workmanship within 60 days of installation.  In any event, this guarantee does not apply to any defect or failure caused by the mistreatment, neglect, or accident of any party of than BARRACUDA CONSTRUCTION  and such defects shall be repaired or service at the option an expense of the customer. 

 

Additionally ,BARRACUDA CONSTRUCTION is not responsible for existing equipment, machinery, materials and work, and this warranty shall not apply in any event to the following: WORK which has been placed or altered by anyone other than BARRACUDA CONSTRUCTION  electrical connections, panel changes, gas lines, venting, sewer or backwash lines, existing acid wash or otherwise, damage of any kind to the pool or property as a result of the pool being emptied of water for any reason, capping or tile materials, and damage of any kind to existing decking in the event BARRACUDA CONSTRUCTION  the swimming pool.

 

 BARRACUDA CONSTRUCTION  above and below ground plumbing installed by BARRACUDA CONSTRUCTION to remain free from water leakage for a period of 60 days from the date of installation. BARRACUDA CONSTRUCTION shall replace, free of charge, any such plumbing which fails through defect of materials or workmanship within the period described. 

Except as otherwise expressly provided, there are no terms, conditions, or warranties, express, implied or statutory, oral or written, of quality, fitness, capacity or otherwise of the WORK described on the ESTIMATE.  shall BARRACUDA CONSTRUCTION  be liable for damages or delays caused by defective materials or workmanship, and it is agreed that its liability is specifically limited to the replacement of parts and or equipment. 

If BARRACUDA CONSTRUCTION is requested to furnish additional work on the job site not described on this ESTIMATE or covered by the warranty, a service charge will be applied in addition to all other applicable costs.

 

All payments required to be made by the customer will be made promptly upon the presentation of progress or final invoice by BARRACUDA CONSTRUCTION. If the customer fails to pay BARRACUDA CONSTRUCTION in the manner and time prescribed, BARRACUDA CONSTRUCTION will have the right without notice to cease all work, installation, and construction at the job site until past due invoices are paid. Upon such late payment,  shall have the sole an exclusive option to resume such work, installation, and construction, or seize further performance in any event, all equipment remains the property of BARRACUDA CONSTRUCTION until BARRACUDA CONSTRUCTION has been paid in full. BARRACUDA CONSTRUCTION shall have the right of access to repair, replace or remove any of the WORK until all terms and conditions required of the customer have been complied with in full. 

In the event of any such WORK is affixed to real property, such materials, equipment, and machinery shall be deemed personal property and remain subject to removal by BARRACUDA CONSTRUCTION. In addition, the customer waives any, and all claims for damages to any real property or improvement of real property caused by the removal of such materials, machinery, or equipment. 

 

BARRACUDA CONSTRUCTION Shall pay necessary levies on its employees and carry public liability and property damage insurance. BARRACUDA CONSTRUCTION agrees to perform all WORK in a good and workmanlike manner but shall not be responsible for delay or failure to perform the WORK or deliver goods as result of acts of God, strikes, war, government prohibition, or other reasons beyond its control.

 

Unless otherwise expressly provided in this ESTIMATE, BARRACUDA CONSTRUCTION shall not furnish or otherwise perform work in connection with electrical connections, panel changes, gas lines, venting, sewer, or backwash lines. If BARRACUDA CONSTRUCTION is to preform or furnish additional work, materials, equipment or machinery, the customer shall pay BARRACUDA CONSTRUCTION its actual cost of subcontractor labor, materials, equipment, and machinery plus 30% of such costs for its overhead and profit. All monies required to be paid by the customer to BARRACUDA CONSTRUCTION for any additional work, materials, equipment and or machinery shall be due and payable as the work progresses. In the event the customer fails to make progress payments when due, BARRACUDA CONSTRUCTION shall have the right without notice, to cease work, installation and construction at the job site until past due invoices are paid. Upon such late payment, BARRACUDA CONSTRUCTION shall have the sole an exclusive option to resume such work, installation, and construction, or cease further performance thereof. 

 

ACID WASH

 

In the event the WORK includes acid wash, BARRACUDA CONSTRUCTION will attempt to remove all deposits and discolorations from the pool or spa. However, because of the nature and chemical qualities of certain deposits and discolorations, it is impossible to guarantee their removal. Also, in some instances, cracking, checking, or shrinking of plaster may result in defects or an eggshell appearance and BARRACUDA CONSTRUCTION shall have no responsibility should such conditions occur. 

 

BARRACUDA CONSTRUCTION Shall diligently pursue the WORK to completion subject to permissible delays and other exceptions as stated in this ESTIMATE/INVOICE. Such delays include, but are not limited to, inclement weather, acts of God, acts of third parties, acts of the customer, labor difficulties, acts of governmental entities having jurisdiction over the work, equipment and machinery, extra work required by the customer, failure of the customer to make necessary payments when due, and unforeseen events which are beyond the control of BARRACUDA CONSTRUCTION . 

This ESTIMATE/INVOICE contains the entire agreement of the parties. If any provisions of it is declared invalid by any court of law or applicable arbitrator, the other provisions shall remain in full force an effect. This agreement shall be deemed entered the state of New Mexico. 

 

INCLUDED IN SERVICE AND MAINTENCE 

 

 

  1. Personnel and travel costs required for regular maintenance are included in the price for package. 

  2. Customers are offered the option to buy chemicals needed for services themselves.  Barracuda Construction Reserves the right not to use these chemicals purchased by the customer if it is deemed that they do not meet the operating requirements. 

  3. Customers have the option to purchase chemicals in bulk through Barracuda Construction and receive a 2.5% customer discount on retail prices. These chemicals must be stored on site and will be used as needed. Barracuda Construction Reserves the right not to use these chemicals if it is deemed that they do not meet the operating requirements. 

  4. Customers also have the option to buy chemicals as needed with a 2.5% customer discount, with pricing based on the amount used, e.g- per pound, gallon, and oz. Tech will keep track of all chemicals used and will add chemical cost a monthly maintenance bill. 

  5. If any further services should be required outside of regular maintenance, Barracuda Construction offers customers who, enter into a maintenance contract with Cuda Aquatics, a 10% discount on labor for said additional services. Barracuda instruction Well further offer a 2.5% discount on any equipment costs associated with additional services. 

 

 

PAYMENT 

 

In accordance with the maintenance package selected, the customer agrees to the following payment terms and conditions:

 

  1. Payments are due on the 1st of every month; anything received after the first seven (7) days of a given month will be considered late and the customer will incur a $5 late fee for every day payment is past due.

  2. After the first ten (10) days of non-payment in a given month, all maintenance performed by Barracuda Construction will seize pending payment of past balance. 

  3. After thirty (30) days of non-payment, the contract agreed upon by the customer entered into with Barracuda Construction  will be considered void. Customer will be responsible to pay remaining balance on contract. 

  4. All costs associated with maintenance package will be static and unchanged for the duration of the contract except due to changes in the pricing of required chemicals or subcontractor labor. 

 

 

Once maintenance options have been chosen, the customer must agree to an estimate. This will constitute a legally binding agreement between the customer and Barracuda Construction. All terms are final and not subject to change except in any aforementioned areas. Finally, any changes in maintenance appointment times must be given to Barracuda Construction a minimum of 24 hours in advance of scheduled appointments

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Terms and Conditions: Text
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