DISCLAIMER DISCLOSURE

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APPENDIX A-DISCLAIMER

   

Appendix A

DISCLAIMER: 

GENERAL:  Durawise Industry Services will make every effort to accurately locate a leak within a swimming pool. A customer understands and agrees that charges for a leak detection survey are using acoustical amplification, pressure testing, and dye testing. Therefore, we have established warranty and guarantee disclaimers below.

WARRANTY:  Durawise Industry Services will warranty its leak detection findings for 14 days, minor plugs will be warrantied for 30 days, minor repairs will be warrantied for 90 days, and major repairs will be warrantied for one year. The timeline for warranty periods on specific locations/jobs will be provided in writing. Warranties will be dated from the date the work has been completed. The procedure for filing any warranty claim is to notify Durawise Industry Services (See Contact Information Below). Any repair performed by Durawise Industry Services will be performed with standard parts only warranty. New leaks for existing customers will be billed at discounted rate for the same property location. Please monitor and state the problem, location, water-loss per day, defects to the pool, and provide copies of the last two water bills for usage purposes only. This can be accomplished by using any of the three contacts. 

Durawise Industry Services

2920 Lee Street, Suite 2052

Greenville, TX 75401

sales@durawiseindustryservices.com

817-647-0825 

There are no other warranties by Durawise Industry Services of any nature whatsoever expressed nor implied including any warranty of accountability or fitness for a particular purpose in connection with our services or products.

GUARANTEE: Durawise Industry Services will provide an invoice notating observations and findings within the pool or spa. It will be notated with visual dye or pressure testing information as performed by Durawise Industry Services personnel. Durawise Industry Services prices vary based on construction, grading, finish, spa, and other additional accessories.

OUR SWIMMING POOL LEAK DETECTION IS GUARANTEED FOR 14 DAYS FROM THE DATE OF ORIGINAL TESTING. Most leaks, with the EXCEPTION of sleeved pipes which will be marked for reroute, will be located within several feet of their exact location, but this can vary to within several yards, depending on soil conditions, construction methods, and other factors, known and unknown. DURAWISE INDUSTRY SERVICES must be notified immediately if repairs are performed by anyone other than DURAWISE INDUSTRY SERVICES and the leak is not located within a radius of 8 feet of the original identified point. DURAWISE INDUSTRY SERVICES will, at its sole discretion, either retest the system or refund the leak detection location fee. DURAWISE INDUSTRY SERVICES will not be responsible for any repair completed by others, and accepts no liability, financial or otherwise, for any consequential losses arising from the inaccurate location of leaks in excess of the location fee paid. Sleeved pipes are excluded from any DURAWISE INDUSTRY SERVICES guarantee.

In most cases, only one leak can be located in a plumbing system at a time. Therefore, it is important to retest the line after a repair is completed. If notified that a problem exists, after repairs by others are made, DURAWISE INDUSTRY SERVICES will charge a service fee to retest the system.

LIABILITY: Durawise Industry Services shall not be liable under any legal theory for special or consequential damages. Durawise Industry Services will not be responsible for any other repairs except the repairs that we originally performed. Cost as to water replacement, chemicals, land and loss of use are not covered. Durawise Industry Services will not be responsible for any damage due to hydrostatic pressure. Durawise Industry Services will not be responsible for any damage due to any acts of nature (earthquake, hurricane, tornado, hail, etc.). Durawise Industry Services will not be responsible for damages arising from any leaks, previous repairs performed, or draining of pool. Durawise Industry Services will not be responsible for any pool plaster or pool surfaces. Durawise Industry Services will not be responsible for underground utility lines (fiber optic, gas, electrical, etc…..)

A leak detection addresses only those components and conditions that are present, visible, and accessible at the time of the assessment.  While there may be other parts, components or systems present, only those items specifically noted as being observed were checked.  The technician is not required to move furnishings or stored items.  The report may address issues that are code-based or may refer to a particular-code; however, this is NOT a code compliance detection and does NOT verify compliance with manufacturer’s installation instructions, local, state, or federal requirements. The observation report does NOT imply insurability or warrantability of the structure nor its components, as a leak detection company did not build nor install components.  Although some safety issues may be addressed in this report, this observation is NOT a safety/code detection, and Durawise Industry Services is NOT required to identify all potential hazards. Durawise Industry Services does not provide residential installer reports, real estate inspection reports, engineering reports, nor any other licensed agent reports. As determined by the consumer, he/she will be responsible for hiring third party licensed parties as they see fit. Durawise Industry Services will not be responsible for hiring third parties. 

In the observation report, Durawise Industry Services personnel will note which systems and components were observed. If the invoice observation does not mention in writing specific areas it should be assumed they were not evaluated, not present, and/or deficient. Other general deficiencies include viewed, material distress, water penetration, damage, and deterioration will not be listed if not viewed. Temporary plug patches may be provided by Durawise Industry Services if they are smaller than a quarter and easily reached.  Durawise Industry Service’s personnel is not required to prioritize or emphasize the importance of one deficiency over another.  Some items reported as deficient may be considered life-safety upgrades to the property. The observation may not reveal all deficiencies due to hidden or unknown factors.  

The provided observation report is the exclusive property of Durawise Industry Services and the client whose name appears herewith, and its use by any unauthorized persons is strictly prohibited. The observations and opinions expressed within this report are those of Durawise Industry Services and supersede any alleged verbal comments. 

Durawise Industry Services only performs repairs on recirculated swimming pool piping. This does not include main drain, floor cleaning systems, nor hydrostatic plug repairs. Repairs that fall outside of leak detection services need to be classified as gluing, splicing, gravity feeds, fiberglass repairs, patches, and injections. These repairs will fall under a separate contract. Durawise Industry Services does not perform work on electrical, plumbing (auto-fills, sewer, sanitary water, etc.), nor gas fixtures. It will be the responsibility of the home owner, agent, or contractor to secure third party licensed contractors to perform such repairs. 

Air pressure, water pressure, video cameras, tracking flags, and/or tracing equipment may be inserted into the line to track the location of swimming pool lines to identify any leaks and/or breaks that may exist. Should equipment become lodged in a line, it may require excavation of the line to retrieve the equipment or complete the inspection, an additional charge will apply. A jetting process may be required, and an additional charge will apply if blockage is observed during the swimming pool leak detection. NOTE: ALL LEAK DETECTION OBSERVATIONS ARE GUARANTEED TO BE ACCURATE AT TIME OF SERVICE ONLY. Durawise Industry Services cannot guarantee future leaks from freezing conditions, vegetation, improper drainage, acts of God, theft, removal, power surge, environmental stress, and other internal/external factors.

To properly perform leak detections, we will need the pool to be filled two inches below the bottom of coping or deck lines from the highest point of each body of water. The water level needs to be a minimum of 3” above skimmer mouth openings. The pool equipment will need to be in the off position at least thirty minutes before arrival and the water must be clear and free of debris so that all aspects of the shell can be observed without interference. This ensure a nice calm pool to help detection accuracy. We may need to remove pool or spa covers and accessories may need to be cut. If these items have not been used or manipulated recently, they may break and/or begin to leak. In order to locate some leaks, it may be necessary to empty the pool or spa. Caution should be used when emptying a pool, spa or pond to insure it does not float out of the ground, and Durawise Industry Services recommends consulting with a professional and insured pool company prior to this action, as Durawise Industry Services is onsite to solely performing leak detections, unless outlined in a separate contract on Durawise Industry Services letterhead signed by its owner. Furthermore, if the pool level is not up and the system is on at time of arrival, no guarantees can be made that a thorough leak detection can be performed on the shell and pipes at the shell due to currents and unsubmerged surfaces. 

HEATING SYSTEMS: Durawise Industry Services does not pressure test heating systems and assumes no liability, cost for repairs, nor other associated costs for repair or replacement. 

POST-TENSION CONCRETE: DURAWISE INDUSTRY SERVICES will not be responsible for rebar, nor post tensions. It will be the owner, agent, or the pool contractor to verify that post tension cables are not present. Durawise Industry Services does not locate rebar, nor post tension reinforcement. 

STONE AND CONCRETE DECKS: Durawise Industry Services will attempt a near match to existing surrounding conditions; however, there are no express guarantees because of material availability, site weatherization, and other factors the repair will be unnoticeable to the human eye. 

UTILITY TRACE: DURAWISE INDUSTRY SERVICES acknowledges that successfully locating utilities is an art as well as a science. Knowing the types and locations of underground utilities on your site is an important and cost-effective way to assure a safe and successful project. That is why a dig test will need to be performed on digs that exceed two feet. Texas811 will need to be contacted. Locates and repairs will be an additional charge, and may delay a repair up to four days.  Our team uses hand digging methods on most projects; however, DURAWISE INDUSTRY SERVICES makes no guarantee, implied or otherwise, that it can ensure no damage to surrounding utilities and assumes no liability cost or other litigation for damage to surrounding utilities, cables, lines, nor equipment. 

ASBESTOS, LEAD & MOLD: Asbestos and Lead are common building materials that may be present in many buildings constructed prior to 1981. DURAWISE INDUSTRY SERVICES, adhering to Federal law, will exercise reasonable precautions to minimize the chance of disturbance of asbestos containing materials. However, certain procedures require the removal of materials within a wall. In addition, DURAWISE INDUSTRY SERVICES is not and will not be responsible for any mold or any other material hazards observed during or after our service. This is unlikely to be an issue; however, it needs to be address for potential occurrences. Property owners, agents, and contractors will hold Durawise Industry Services harmless and impose no cost for removal, abatement, nor liability on Durawise Industry Services/ personnel. 

Payments /Mechanics Lien Warning: Payments are always due upon the completion of service. This means once a Durawise Industry Services representative has dove a pool, pressured lines, or any other service payment is due. All purchase orders must be signed by the owner of the property or assigned agent. All purchase orders must be signed and dated. A pool contractor may request a payment extension up to 14 days from the date services have been rendered. If credit has been pre-approved. Services rendered and not paid is considered theft of service and a mechanics lien will be filed. Customer hereby agrees to pay all costs of collection, including attorney’s fees. All returned cheeks will be subject to a $50.00 return check fee. “Under the Texas Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has the right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. 

This means that after a court hearing, your home, land and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice”. Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to protect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is up to 45 days after substantial completion of your project.