Guarantee
Thermapool hereby guarantee all materials and components of its
Swimming pool insulation systems Thermapool
By the Thermapool UK Approved Contractor
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General Terms of Guarantee
1. The internal swimming pool insulation system supplied by Thermapool is guaranteed against material failure for a period of 25 years from the date of practical completion.
2. Liability under this guarantee shall be conditional upon:
a)The Guarantee is conditional upon the Company being given notice of a claim thereunder within 7 days of the discovery of the defect.
b) The swimming pool having been properly maintained.
c) The swimming pool being afforded to Thermapool and its agents without delay to inspect any defects and to carry out any necessary repairs covered by this guarantee. Any such repairs are to be carried out by the Approved Contractor.
d) Thermapool offers an approved contractor training scheme, this covers trained contractors with our own:
PROFFESSIONAL INDEMNITY INSURANCE for upto £1,000,000 in any one claim
e) Proffessional Indemnity Insurance is covered Worldwide excluding USA/Canada.
f) Thermapool has Product Liability upto £5,000,000 in any one claim
g) Thermapool has Public Liability upto £5,000,000 in any one claim
h) Product/Public Liability is covered for all countries within the EU.
3. This guarantee shall not apply:
a) Should the system have been affected by any act or omission of parties other than Thermapool, or by uses of the pool for which such works were not designed, and
b) If the defect relates to workmanship, which is the responsibility of the
Contractor/Approved Installer.
4. Save for the client who is the consumer, this guarantee supersedes any and all other warranties or conditions whether express or implied, statutory or otherwise, that is in conflict with the terms and conditions stated herein.
5.All contracts shall be construed in accordance with English Law and subject to the exclusive jurisdiction of the English Court and deemed made and performed within the area of jurisdiction of the Harlow County Court.
6. Full payment for materials and contract/sub contract works of which the works form part must have been made in accordance with the terms of the contract/sub contract.
7. Without prejudice to the generality of the foregoing, the following are hereby specifically excluded from the undertaking:
a) Liability from any damage resulting from the defects or damage from any cause to the pool structure.
b) Liability in respect of damage caused by thunderstorms and any abnormal weather conditions, acts of god, or deterioration or damage attributable to any cause other than normal weather conditions.
c) Liability for any damages caused by failure to comply with General Swimming Pool Housekeeping Maintenance
d) The Company will use reasonable endeavours to avoid delay in delivery of the products but the Company shall not be responsible for any damages, losses or costs arising from delay.
e) The Information (including all intellectual property) is the sole property of the Company and the Customer is not entitled to make any use of the Information for any purpose other than the Contract.
8. Under the General Terms and Conditions it is a requirement that:
a) All Thermapool standard application rules in regard to temperature and climate conditions have been followed.
b) Any modifications or alternations to the pool is carried out with Thermapool approval.
d) Any necessary maintenance to be carried out following Thermapool advice and specification.
e) The system has been installed in strict accordance with the originally agreed specification adopted.
10. Where the guarantee offers repair or replacement of the materials the final decision will be at the complete discretion of the Company.
It is the pool owner’s responsibility to collect comprehensive digital Photographic evidence of a high quality throughout the installation process and pool build, this means from when the contractors start on site until the pool is filled with water. Upon completion of the pool and the photographic evidence being forwarded to us we will store this information for the guarantee period.
All materials are made from natural products, it is the client’s responsibility if a colour match is essential to request that all materials come from the same batch. If colour variant is an issue the client must notify Thermapool within 24hrs of receiving products on site.
Thermapool trained installer / Approved Contractor no way implies or guarantees the quality of their workmanship. Even though they have been trained to the required Thermapool standards, cannot be held responsible for any contractor errors. It is the client’s responsibility to independently contract and employ their own Thermapool installer. Should any problems occur it is the client’s responsibility to inform us and we will endeavour to assist independently, this may incur charges.
11. Full terms and condtions apply available on request.
- Professional Indemnity Insurance underwritten by HCC International Insurance Co. Policy No PI11I617725
- Public & Product Liability Insurance underwritten by AmTrust Policy No. OIMRTL000263