Pates Pool and Spa hereafter referred to as “PATES”

1. This contract shall not be binding until returned to Pates Pool & Spa (Pates) signed and dated by authorized buyer (Homeowner).
   1. Pates reserves the right to withdraw this contract at any time.
   2. Pates reserves the right to reject this application/submission
   3. No additions, alterations or cancellations of this contract shall be binding to Pates unless the same is in writing and accepted by Pates in like manner
      1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate.
2. THIS IS AN ESTIMATE ONLY.
   1. If Homeowner would like to proceed with the liner replacement, Pates requires a deposit of $3,000.
   2. Upon receipt of the deposit, Pates will reserve Homeowner’s liner replacement and schedule Homeowner’s pool measurement.
   3. After measurement, Pates will THEN provide Homeowner a with a detailed quote for Homeowner’s liner replacement.
      1. Upon receipt of the detailed quote, Homeowner must communicate their decision in writing. Homeowner can either:
         1. Notify Pates to proceed with the installation of the liner by providing written confirmation within seven days.
         2. Notify Pates Homeowner declines to proceed with the installation of the liner by providing written documentation within seven days. Upon receipt of this timely decline notice, Pates will refund Homeowner’s deposit as soon as practicable.
3. When Homeowner notifies Pates of their decision proceed, and Homeowner has chosen their liner pattern, Pates will order the liner. ONCE PATES HAS ORDERED THE LINER, THE $3000 DEPOSIT IS NONREFUNDABLE.
4. Payments are due as outlined in this estimate with the final quoted payment due no later than the day before installation is scheduled. Additional items billed after the installation due to structural or environmental treatments needed as determined once the old liner is removed including mold, excessive rust on walls are due upon receipt.
   1. Delinquent payments shall incur a finance charge at the rate of eighteen percent (18%) per annum from the due date until paid.
   2. Pates shall be entitled to recover reasonable attorney fees, costs, and expenses incurred to enforced the terms of this contract, including required payments.
5. Liner replacement includes;
   1. Drain water from pool
   2. Remove and dispose of existing liner
   3. Clean and prepare pool walls and steps
   4. Repair reasonable damages to pool floor
   5. Replace skimmer and return faceplates, gaskets and drain covers
6. Pates shall accept no responsibility for damage to Homeowner’s or Homeowner’s neighbors’ grass, lawns, shrubbery, flowers, gardens, trees, walks, deck, pool deck, driveways or patios when draining or filling pool for the liner replacement or other pool repair engagements.
7. Pates shall not be held responsible for any damage to the Homeowner’s pool, pool deck, yard, lawn, grass, shrubbery, trees, flowers, gardens, walks, decks or other structures due to hydrostatic (ground water) pressure should it occur during the emptying of the pool for cleaning, painting, liner replacement or repairing or while the pool is left empty or during filling.
8. Homeowner is responsible for all liability resulting from drained and un-covered pools and agrees to indemnify Pates for same.
9. Adverse weather conditions may cause delays in this contract. Due to the material of the liner, certain weather conditions must be met and considered before installation. These conditions include, but are not limited to temperature, rain and ground water level. When conditions are not conducive for installation, Pates will contact the Homeowner to reschedule the installation.
10. Reworking of sand/vermiculite pool floor might require extensive reworking and/or rebuilding entire "hopper" of pool or pool bottom. Pates will make every possible effort to provide a smooth surface but is not guaranteed. There are many variables associated with sand/vermiculite bottoms and if reworking is needed after the new liner is installed, additional time and materials will be charged to repair the pool bottom.
11. Pools with black algae present will be treated topically at an additional charge. Pates does not warrant against the presence or return of black algae and further treatment may be needed at the Homeowner's expense.
12. Every attempt will be made to provide a wrinkle and gap free liner during installation. However, a 100% winkle free and/or gap free liner cannot be guaranteed.
13. Pates is not responsible for the condition of the pre-existing pool. If the walls, steps, ladders and other structural components of the pool do not remain stable upon draining the pool or during the installation of the liner, the repair will be the sole responsibility of, and at the expense of, the Homeowner.
14. Pates is not responsible for any water under the liner or the damages, uneven base, or liner wrinkles that it may cause before, during or after the installation is complete. The Homeowner is responsible for water drainage around the pool and damages caused to the pool due to drainage problems including sand washout and sink holes.
15. Pates shall not be responsible for termite infestations or mold under the liner that may cause holes or discoloration in the liner. The Homeowner is responsible for ground treatment. No warranty is made with respect to pebbles/stones under the liner.
16. After installation is complete and the liner has held water for two days, Pates will be held harmless for any holes in the liner or other leaks. After that, any service calls due to water loss will be subject to standard Leak Detection fees.
17. Pates shall not be responsible for defective or worn bead receivers. If the liner bead falls out of the bead receiver within thirty (30) days of installation, Pates will place the bead back in the bead receiver at no charge. If the liner bead falls out after that initial thirty (30) days, placing the bead into the bead receiver will be service call at standard rates.
18. Pates shall have the right, pursuant to the Indiana code, to file a mechanic's lien against the Homeowner's real estate that has been improved by Pates’ work or materials if the Homeowner does not adhere to the payment terms of the contract as described herein.
19. The Homeowner agrees that title to merchandise listed herewith shall remain property of Pates until the entire purchase price has been paid. If the balance is not paid per the proposal, the Homeowner agrees to permit removal of same, with or without process of law. The Homeowner agrees to pay any and all expenses for collection of monies due or removal of said merchandise including reasonable attorney fees
20. ACCEPTANCE OF PROPOSAL: BY SIGNING ABOVE AND/OR AUTHORIZING PAYMENT OF THE DEPOSIT AS DESCRIBED ABOVE, I ACCEPT THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. PATES IS AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.