DISCLAIMER DISCLOSURE

 Appendix A

DISCLAIMER: 

GENERAL:  Durawise Industry Services “DWIS” will make every effort to accurately locate a leak within a swimming pool. A customer understands and agrees that charges for a leak detection are based on DWIS using acoustical amplification, pressure testing, and perceptibility dye testing. Therefore, we have established warranty, liability, payments /mechanics lien warning, and guarantee disclaimers below. By using Durawise Industry Services you agree to all terms and conditions listed below.

WARRANTY:  Durawise Industry Services will warranty its leak detection findings for 30 days, as of 03/15/2023, temporary putty patches will not be covered under warranty, minor repairs will be warrantied for 90 days, and major repairs will be warrantied for one (1) year, unless notated otherwise. It will be the responsibility of the customer to notify Durawise Industry Services of any continued water-loss and schedule for an additional leak-detection during the warranty period. The timeline for repair warranty periods will be thirty-days from first leak detection date performed. Repair warranties will be dated from the date the initial work was completed.   

Durawise Industry Services is not responsible for leaks in areas not included in the client observation report. Due to redundancy and proprietary information, perceptibility dye testing, will only be referenced on leak reports if a leak was found. 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.   

If undetected leaks cause any damage between DWIS visits or thereafter, then DWIS accept no responsibility any damage instances. Leaks occur due to movement and washouts. 

It is the customers responsibility to continue to monitor the situation after DWIS has left and call us back as necessary to investigate any on-going leak issues. 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 contact methods below. 

Durawise Industry Services

539 W. Commerce Street 1051

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: No guarantees are made or implied. All leak detection's are performed on a best effort basis at the time and date of the leak detection.  Durawise Industry Services will provide an invoice notating observation findings within the pool or spa. It will be notated with leaks found during pressure testing or dye testing. (Example: Pool returns failed.) If customer opts for a leak summary only the leaks found will be notated. If customer opts to have an observation report and pays the additional fee, all pressure test information, location information, and leaks discovered during the leak detection will be provided. All leak detection's are performed on a best effort basis at the time and date of the leak detection. Durawise Industry Services prices vary based on construction, grading, finish, amenities, size, distance of location, and fixtures.

OUR SWIMMING POOL LEAK DETECTION IS GUARANTEED FOR 30 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 cost only (. 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.

PVC LINES, COPPER AND FLEX LINE DISCLAIMER: Durawise Industry Services makes every effort to minimize pressure on existing lines. PVC, Glue, Copper lines and Flex lines may be degraded. Without exposing each individual line there is no way to tell before a test commences on the conditions of such lines. Durawise Industry Services tests with water at 10 - 25 PSI for 5 minutes for PVC (Depending on Length of Pipe Run from Pool to Equipment). If copper lines and/or flex line are visually identified, the following pressure tests will be performed: Copper lines 5 -10 psi depending on conditions with water and black flex lines not to exceed 7 psi. Both copper and flex lines will be held for 10 minutes only.  The identification for existing copper and flex lines will be based on equipment piping and visuals from the surface of the pool of inlets. Please note: Copper, flex, and joint materials maybe on the verge of failing. A pressure test may cause unanticipated failures in weak materials. 

In most cases, only one leak can be located in a pool zone at one time. Therefore, it is important to retest the line after a repair is completed. DURAWISE INDUSTRY SERVICES will notify the customer of cost changes for additional work. 

LIABILITY:  Leaks can be intermittent, i.e. only leak under certain circumstance. For example, some leaks only occur when the system is on and/or running. Leaks of this nature can be much harder to locate. In addition, washouts may make pinpointing a leak impossible without invasive methods. All invasive methods will result in additional costs. 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, nor water. If undetected leaks cause any damage between our visits or there after, DWIS accepts no responsibility for such damage. Durawise Industry Services will not be responsible for any damage due to any acts of nature (freezes, ground movement, 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. DWIS leak detection package does not include specialty items such as inground floor systems, scuppers, rock water features, shear decesents, statue fountains, deck sprayers, cannisters, paramount systems, care take systems, storage tanks, auto-fills, backwashes lines, metal sprayers, etc. All these items will be an additional charge. The technician is not required to move furnishings or stored items. If DWIS technician moves furnishings or stored items, out of access areas DWIS assumes no responsibility for scratches or defects. The observation 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 coverage nor warranty 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, CPI/CPO 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 areas or components were observed to be leaking. 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 can be 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 leak reports are considered to provide information on observed leaks only. It may not outline all deficiencies, nor mention unrelated work.

The provided observation report is the exclusive property of Durawise Industry Services 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. Larger repairs that are typically repaired during a renovation may be plugged and/or bypassed until such date. Repairs that fall outside of leak detection services need to be classified as gluing, splicing, gravity feeds, replacement/repairs, fiberglass repairs, patches, and injections. These repairs will fall under a separate contract or be added to the contract with a change order. Durawise Industry Services does not perform work on electrical, irrigation systems, plumbing (auto-fills, sewer, sanitary water, etc.), nor gas fixtures. It will be the responsibility of the property owner, agent, or contractor to secure third party licensed contractors to perform such repairs. Every effort will be taken to protect furniture and vegetation surrounding the pool; however, it will be the responsibility of the owner to remove any items from repair locations he/her/it/its would like to salvage. 

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 detection, 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, ground movement, hydrostatic pressure, droughts, flooding, power surge, environmental stress, and other internal/external factors.

To properly perform leak detections, we will need the pool to be filled three 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 will insure 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. 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. Durawise Industry Services will only perform a pool drain with a waiver of liability form signed by all owner’s who have stake in the property. If project customer/contact fails to provide all owner’s information with stake in the property, Durawise Industry Services will assume waiver submissions received equal up to one hundred percent of ownership and will assume no liability for owner’s that were not notified nor given the opportunity to view risks. Durawise Industry Services is onsite to solely performing leak detections, unless outlined in a separate contract submitted by Durawise Industry Services official forms or through Durawise Industry Services docusign.com profile. 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 surface. 

FOUNTAINS: Not all fountains can be tested. Some are inaccessible and others do not have plugs available on the open market to fit certain openings. In these cases, Durawise Industry Services may provide additional cost options to test the lines; however, without visually seeing the cracked, fissured, or compromised pipe/structure no guarantees are expressed, nor implied. 

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 tension damage. Customer must disclose post tension construction, before repairs are priced. It will be the owner, agent, or third party pool contractor’s responsibility 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 the removal of any mold, asbestos or other material hazards observed before, during or after our services. 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 completed the leak detection, pressured lines, or any other services are performed 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, administration fees, attorney’s fees, and court costs . All returned checks/payments will be subject to a $50.00 return payment 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. Durawise Industry Services will pay all subcontractors and expects its customers to pay them. At the beginning of any project, customer may ask about our in-house financing. Once a project has commenced, this option is not available.