Lucero Pool Plaster
Plaster Care Instructions
Terms and Conditions
4. RESPONISIBILITIES OF CUSTOMER: When Customers are required to obtain permission from the owner(s) of adjacent property for such use to access adjacent properties for use by Lucero during construction, and the Customer agrees to be responsible and to keep Lucero harmless from any of its risks. At its cost, the Customer is required to carry out all necessary construction and other activities and to satisfy all necessary conditions to allow Lucero to complete the work provided for in this contract. All necessary variances and association permits or fees shall be provided by the Customer. Drainage to be provided by the Customer beyond the pool site and is intended to meet city and country requirements. If the completion of the pool is delayed for a period of more than 30 days due to causes under customer control, the Customer agrees to pay the increased labor and material and the cost of the equipment resulting from the delay of the Customer. Lucero holds rights to all pool supplies before full payment is made for the purchase price and any extras. Where the price is not paid in compliance with this contract, the Customer agrees that, without notice to the Customer, the contractor or his employees may enter the premises of the Customer and repossess any pool equipment and accessories included in this contract and apply the prices of such equipment on account of such repossession, save and except property damage caused by gross carelessness or negligence. Once plastered, the pool is considered complete.
5. REPRESENTATION OF CUSTOMER: Lucero has entered into this contract based on the following assumptions of the Customer’s facts and warranties, unless otherwise expressly provided in the plans and specifications of this contract:
a. The Customer shall provide adequate access, at no cost and without liability to Lucero, to the Customer’s own property or to the adjacent property for the normal construction equipment of Lucero.
b. The Customer shall have enough water and electricity to enable Lucero to carry out the work set out in this contract. Where either of these utilities is deemed to be inadequate, the Customer shall be liable for the additional costs of temporary power and water trucks in support of the contract work.
c. Until signing this agreement, the Customer shall alert Lucero if water leaks in the pool(s), spa(s) or any other bodies of water. Once work is complete, Lucero is not responsible for leaking pools. Before any renovation work to protect both Customer and Lucero, Lucero strongly recommends leak detection. Lucero is not responsible for the leakage of pools if a third party did not perform a leak detection.
If any of the above assumptions of fact are not correct, Lucero may, at its discretion, terminate this contract without any further responsibility to either the Customer or Lucero, unless the Customer agrees to pay Lucero the actual labor costs, materials, equipment and permits already furnished and needed to restore premises; it is agreed, however, that the parties can amend this contract to deal with such an occurrence by mutual agreement in writing.
6. POOL SITE: The term pool site refers to the area affecting the water surface and the portion of the ground surface extending no more than four (4) feet from the pool water surface perimeter.
7. DAMAGE TO WORK: Where work already performed is damaged by any cause beyond the control of Lucero and the Customer elects to cancel the work or is ordered to be terminated by the public authority, Lucero shall be paid for such work, the amount agreed in writing for such work or, if not agreed, the cost price for such labor and materials plus 20% of such cost price. If the work is not cancelled or terminated, the additional work to be paid by Customer in compliance with the previous sentence shall be all work required to replace the work already done.
8. ASSIGNMENTS: Lucero may assign all or any portion of the work to be done or subcontract it.
9. DEFAULT: In the case that Customer defaults on any condition of this agreement, Customer agrees to pay all collection costs and interest as of the default date. In any action brought under this contract, reasonable attorney’s fees shall be awarded to the prevailing party. Customer accepts that in the case of infringement or cancelation by Customer, Customer shall be responsible for costs of infringement plus contract income to date.
10. PAYMENT AND FINANCING: The Customer agrees to make all payments in a timely manner to ensure that the project remains on schedule. For every day payment is late, the Customer should expect at least 5 additional days to be added to the completion schedule and understand that this extended schedule will vary over different times of the year. The payment schedule will consist of a deposit and progress payments and will be outlines until final decisions are made as part of the project schedule. If punch list items are due after completion, the Customer must withhold 5% of the contract price until such time as these items are completed. Customer knows that there are no promises available until the project is fully paid for. Lucero does not offer financing, unless requested.
11. ARBITRATION: Any dispute or claim arising out of or relating to this agreement, or infringement thereof, shall be settled in arbitration in accordance with the American Arbitration Association and a judgement may be made in any court which has jurisdiction over it.
RECOGNITION UNDER THE FEDERAL WARRANTY ACT OF MAGNUSON-MOSS: CUSTOMER AGREES THAT THE SALES REPRESENTATIVE FOR LUCERO HAS VERBALLY TOLD THE CUSTOMER THAT COPIES OF WARRANTIES FOR WARRANTED SERVICES OFFERED FOR SALE ARE INCLUDED IN THE BINDER. CUSTOMER ALSO ACKNOWLDGES THAT DURING THE SALES PRESENTATION HE WAS GIVEN THE OPPORTUNITY TO CHECK THE WARRATNIES AT ANY TIME.
1000 Lunt Ave Schaumburg, IL 60193
Phone 847-565-8080 www.luceropools.com