Except as otherwise provided in the work order CUDA AQUATICS 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 CUDA AQUATICS have been made. CUDA AQUATICS agrees to replace, free 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 CUDA AQUATICS, and such defects shall be repaired or service at the option an expense of the customer.
Additionally, CUDA AQUATICS 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 CUDA AQUATICS; 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 CUDA AQUATICS remodel the swimming pool.
CUDA AQUATICS warrants above and below ground plumbing installed by CUDA AQUATICS to remain free from water leakage for a period of 60 days from the date of installation. CUDA AQUATICS 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. CUDA AQUATICS shall not 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 CUDA AQUATICS 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 CUDA AQUATICS. If the customer fails to pay CUDA AQUATICS in the manner and time prescribed, CUDA AQUATICS 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, CUDA AQUATICS 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 CUDA AQUATICS until CUDA AQUATICS has been paid in full. CUDA AQUATICS 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 CUDA AQUATICS. 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.
CUDA AQUTICS Shall pay necessary levies on its employees and carry public liability and property damage insurance. CUDA AQUATICS 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, CUDA AQUATICS shall not furnish or otherwise perform work in connection with electrical connections, panel changes, gas lines, venting, sewer, or backwash lines. If CUDA AQUATICS is to preform or furnish additional work, materials, equipment or machinery, the customer shall pay CUDA AQUATICS 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 CUDA AQUATICS 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, CUDA AQUATICS 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, CUDA AQUATICS shall have the sole an exclusive option to resume such work, installation, and construction, or cease further performance thereof.
In the event the WORK includes acid wash, CUDA AQUATICS 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 CUDA AQUATICS shall have no responsibility should such conditions occur.
CUDA AQUATICS 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 CUDA AQUATICS.
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
In accordance with the maintenance package selected, the customer agrees to the following payment terms and conditions:
Once maintenance options have been chosen, the customer must agree to an estimate. This will constitute a legally binding agreement between the customer and Cuda Aquatics. 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 Cuda Aquatics a minimum of 24 hours in advance of scheduled appointments.
Note that all estimates require written approval and all estimates $1000 or above will require a half downpayment before we can start the schedule of the replacement/repair.
-All invoices will be billed using Net 30 terms.
-Net 30 terms apply from the date the invoice was sent.
-Invoice can be paid via credit card, debit card, bank transfer, or check.
-Invoices due that fall on holidays, no mail days, or non business days will be due the next business day by 5pm MT (Mountain time).
- If the property is not caught up on payments and/or has one or more overdue invoices Cuda Aquatics reserves the right to repossess equipment, chemicals and stop all work being done on the property until payment is made.
-Overdue/late invoices: A 25% penalty will be applied as a late fee to all invoices, on the 35th day at 5pm Mountain Time, from the date the invoice was sent.
-For each month (30 days), on the 1st of the month that the invoice is overdue, an additional 25% of the overdue/unpaid invoice will be applied until the invoice is paid in full.