Terms of Service

Terms and Conditions: Effective January 1, 2017

  1. Payment Terms/Attorney’s Fees.
    1. Customer is required to provide a valid credit card number prior to scheduling service.
    2. You agree to pay all amounts due under this Order within 30 days of invoice. If you fail to do so, you agree to pay all costs of collection proceedings including the cost for reasonable attorney’s fees.
    3. A service charge at the annual percentage rate of 18% (1.50% per month) or the highest rate permitted by law, whichever rate is lower, will be imposed on all amounts that are past due when they are outstanding for at least 30 days. There is a minimum service charge of $0.50. Finance charges are imposed on a past due amount on the first of the month. If your account is past due for more than 30 days on the first of the month, a finance charge will be imposed on that amount. You will avoid finance charges by paying in full before the first of each month. Stone Harbor Pools will apply your payments first to pay any finance charges, and second to pay the principal amount. Your finance charges will be based on your last principal balance not including prior finance charges.
    4. If you fail to timely pay us all amounts when due, we reserve the right to file a lien against your property in accordance with the law (N.J.S.A. 2A:44A-1, et seq).
  2. If, prior to the date the Customer’s annual service fee is due to Stone Harbor Pools, Customer elects to have Stone Harbor Pools provide one or more additional services to Customer (that is not otherwise covered by the customer’s annual service fee) all charges for such additional service will be due and payable with the customer’s annual service fee. Any additional services elected after contract signed, will be invoiced at time the services is ordered and will be invoice at the prevailing contract rates.
  3. Parts, Installation and Repairs.
    1. Any repairs and replacement parts are at an additional cost, i.e., heaters, filters, pumps, cleaners, baskets, Polaris parts, computers, etc.
    2. All hardware installed and/or repairs including: heaters, filters, pumps, cleaners, computers, salt systems, etc. will be invoiced upon completion of work.
  4. Weekly Services. Weekly services are scheduled to begin after pool opening. Any unused prepaid weekly service weeks will be refunded at end of season. Weekly service customers are not charged a service call fee. Bi-weekly service customers are charged a service call fee of $47.50. Non-service customers are charged $95.00 for a service call fee.
  5. Late Pool Closings. If customer elects to continue service and/or close pool after October 31st, there will be a substantial increase in price of service and closing.
  6. Customer Responsibilities.
    1. Customer is responsible for keeping pool water at proper level.
    2. Bi weekly (i.e. every other week) service customers are responsible for maintaining their pool during “off” weeks.
    3. Technicians will leave pool in best condition reasonably possible; we are not responsible for the pool appearance after we leave pool side. If pool condition requires an additional weekly visit, customer will need to schedule an additional visit (additional fees may be invoiced).
    4. By signing this Order, you authorize Stone Harbor Pools to: (i) enter your premises to service the pool and all associated equipment, (b) do work on, or make changes to the pool system, if installation or service of equipment is part of this Order. Your authorization permits Stone Harbor Pools to enter whenever Stone Harbor Pools considers it necessary or convenient to accomplish the purpose of this Order. If Stone Harbor Pools is required to make additional trips to the equipment installation site because the equipment or the pool is inaccessible, then Stone Harbor Pools, at its option, may impose its prevailing special trip fee.
  7. Limited Warranty.
    1. TO THE EXTENT PERMITTED BY LAW, STONE HARBOR POOLS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE; TO THE EXTENT PERMITTED BY LAW ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIODS AND FOR THE PARTS SPECIFIED IN THE MANUFACTURER’S LIMITED WARRANTY AND THIS ORDER.
    2. YOUR SOLE REMEDY AGAINST STONE HARBOR POOLS AND ITS RELATED COMPANIES FOR PRODUCTS, SERVICES AND WORK FURNISHED UNDER THIS ORDER IS UNDER THE WARRANTY STATED ABOVE. THIS LIMITATION APPLIES TO REMEDIES ARISING OUT OF THIS ORDER OR OTHERWISE IN CONNECTION WITH THE EQUIPMENT, OTHER MATERIALS OR SERVICES PROVIDED BY STONE HARBOR POOLS. OTHER THAN THE OBLIGATIONS UNDER THE LIMITED WARRANTY STATED ABOVE, IN NO EVENT SHALL STONE HARBOR POOLS OR ITS RELATED COMPANIES BE LIABLE TO YOU FOR, AND YOU RELEASE THEM FROM AND AGAINST, ALL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, GENERAL OR OTHERWISE (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE AND PERSONAL INJURIES).
  8. Insurance/liability. YOU ASSUME ALL LIABILITY FOR INJURY OR DAMAGE TO OR ARISING OUT OF POSSESSION, USE OR CONTROL OF THE POOL AND ALL OF ITS RELATED EQUIPMENT AND SYSTEMS, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE AND PERSONAL INJURIES. YOU AGREE TO OBTAIN INSURANCE TO COVER ANY SUCH LIABILITIES.  SUCH INSURANCE SHALL NAME STONE HARBOR POOLS AS ADDITIONAL INSUREDS AND, IN ANY EVENT, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS STONE HARBOR POOLS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ALLEGATIONS AND ASSERTIONS OF WRONGDOING.
  9. Terms and Conditions. By signing this order, you accept and agree to be bound by the terms and conditions contained in this Order. This Order is the entire contract between you and Stone Harbor Pools. No promise, statement or representation by any of our agents or employees will be binding upon Stone Harbor Pools unless it appears in this Order. Also, no promise, statement or representation of any of our agents or employees will relieve you of any obligations you undertake with this Order.
  10. Dispute Resolution. All disputes between the parties arising out of or in any way related to this Agreement will be settled by binding arbitration in Hunterdon County, NJ before one arbitrator that is agreeable to both parties. The prevailing party will be entitled to recover its fees and expenses (including attorneys’ fees) from the losing party.