Warranty General Conditions
THIS WARRANTY NOTICE takes effect on (handover date) AND shall cover only the system, material and services as per the quotation /contract (as the case may be) and subject to:
- Full payment with no outstanding by you; and
- Performing the maintenance regularly; and
- Wear and tear are expressly excluded; and
- Handling and usage in accordance with manual/instruction; and
- No tempering/interference by external force or conditions including but not limited to wrong handling, wrong installation, incompatible connection, flood, fire, earthquake, vandalisms, landslide, soil movements, pests, abnormal weather and temperature etc
3. There shall be no warranty unless specifically provided in the Contract/Quotation and in the event that there is warranty specified but the warranty period is not specified, it shall be not more than 12 calendar months from the date of delivery or installation, whichever is the earlier.
4. Wear and tear items includes but not limited to all buttons, switches, tiles, liquid objects, paints, covers, cables, wiring, plasticware, rubbers, pipes, jacuzzi, bolts, nuts, nails, salts, replaceable parts and disposable materials wherein they are not covered under the warranty and shall be charged separately based on current price applicable.
5. Any warranty coverage for defects (wear and tear excluded) or leakage on the waterproofing System shall be subjected to your 14 days written notice to us upon discovery by you, AND subject to the recommended maintenance, full payment and compliance with the Manual provided. Failure to give notice in time and you shall deem to have release us from any responsibility or liability under the warranty, contract, quotation and your purchase order.
6. This warranty general conditions shall subject to our contract/quotation and shall supersede your purchase order, letter of award and all other documents and correspondence unless amended in writing duly executed by both parties making specifically referred to the provisions herein.
7. In addition to the clauses above, the warranty herein shall not extend to nor will it include any liability on our part to remedy leaks/defects caused by or resulting from: –
- Physical damage other than authorized personnel employed by Hybrid Pools in performing the work or by any building works involving disturbance of the wall or by movement of the wall structure from any cause other than normal movement resulting from ordinary atmospheric conditions and temperature changes.
- Cracks developing in the wall/floor structure thereby damaging or weakening the waterproofing.
- Any materials which are corrosive or detrimental to or incompatible with the wall/floor waterproof covering or any oil or oil base material or solvent or any material incompatible with the waterproofing being brought into contact with or being allowed to remain in contact with wall/floor waterproofing covering otherwise than by Guarantor or his agents or servants.
- The warranty is not valid if the water leaking found on the soffit below the swimming pool are away from the swimming compound.
- Normal wear and tear is excluded.
8. In the events that we are being called upon under the terms of this Contract to carry out repairs and should any of these repairs subsequently be discovered to be unnecessary or outside the scope of this Contract, we shall be entitled to be paid for the cost of executing such repairs together with all expenses incurred in investigating the complaint and the cause thereof or all expenses incurred in investigating the complaint. All goods sold are not refundable and all outstanding payment to Hybrid Pools Sdn Bhd are not subjected to set-off/contra. This Warranty only covers the areas done by us. Any leakage occurring from the areas which are not done shall not be our responsibility under this warranty. This warranty shall deem to be terminated in the event of wrongful termination/unilateral cancellation by the Customer or tempering by third party on the equipment and goods under the Contract/Quotation.
9. For Construction of Pool and Refurbishment of Pool, THIS WARRANTY shall only be valid commencing from the handover date and subject to full payment without any outstanding. It is agreed that if you failed to certify the practical completion of the works done or to take over the Pool within 2 months from notice to do the same, you agree to release us from any duties to rectify any defects/non-compliance/liquidated ascertain damages wherein this Warranty shall not be applicable due to your breaches.
10. For Pool Maintenance, THIS WARRANTY only covers the goods and materials purchased from us and shall exclude all pre-contract goods and materials. Any nonpayment for 2 months consecutively and you agree to release us from any warranty due to your breach.
11. Time for payment to Hybrid Pools shall be of the essence and any additional costs, mobilization and demobilization costs and labour costs etc shall be charged separately and all outstanding payment shall be charged with interest at the rate of 1.5% per month on daily basis from the Invoice date. Any non-payment or breach by you shall release Hybrid Pools from its obligations, responsibilities and warranties.
12. Any tax, levy and duties imposed by the authorities shall be borne by you.
13. This Warranty General Conditions shall form part of the Contract/Quotation terms and shall be binding on you.
14. If any of the above terms are not complied with by you, it is agreed that this Warranty shall deem to have invalid with no liability whatsoever on Hybrid Pools part. Any acquiescence by Hybrid Pools shall not be deemed to be waiver to any of the Hybrid Pools’s rights under this Agreement.