1. Application and Incorporation
1.1 These Pool Construction Terms & Conditions (“Terms”) apply to all quotations issued by Aqualux Pools and to all design, supply and construction services provided by Aqualux Pools.
1.2 These Terms are incorporated into and form part of every contract formed when a Client accepts a quotation issued by Aqualux Pools.
1.3 By signing or otherwise accepting a quotation, the Client confirms they have read, understood and agree to be bound by these Terms.
1.4 No terms proposed by the Client apply unless expressly agreed in writing by Aqualux Pools.
2. Definitions
“Contract” means the binding agreement formed upon acceptance of a quotation.
“Works” means the design, supply and construction services described in the quotation.
“Site” means the property at which the Works are performed.
“Client” means the person or entity accepting the quotation.
“Practical Completion” means substantial completion of the Works excluding minor defects that do not prevent reasonable use.
“Variation” means any change to the scope of Works.
3. Contract Formation
3.1 A quotation is valid only for the period stated in the quotation.
3.2 A Contract is formed only when the Client accepts the quotation in writing or by electronic confirmation.
3.3 No oral representations form part of the Contract unless recorded in writing.
4. Deposit and Payment
4.1 A deposit is payable upon acceptance of the quotation.
4.2 The deposit secures project scheduling, engineering allocation, procurement of materials and administrative costs.
4.3 The deposit is non-refundable except where required by law.
4.4 Progress payments are due strictly in accordance with the payment schedule stated in the quotation.
4.5 Aqualux Pools may suspend Works immediately if any payment is overdue.
4.6 Interest may be charged on overdue amounts at a reasonable commercial rate.
4.7 The Client is liable for all costs incurred in recovering unpaid amounts, including legal and collection costs.
5. Scope of Works
5.1 The Works are strictly limited to the items expressly stated in the quotation.
5.2 Any item not expressly included is excluded.
5.3 Landscaping, drainage works, relocation of services, structural remediation, retaining structures and access modifications are excluded unless expressly stated.
6. Site Information and Conditions
6.1 The Client warrants that all Site information provided is accurate and complete.
6.2 The Client is responsible for identifying underground services and property boundaries unless otherwise agreed.
6.3 Unforeseen Site conditions including but not limited to rock, unstable soil, groundwater, buried debris, contamination, fill material, drainage issues or hidden structural conditions constitute a Variation.
6.4 Additional costs and time arising from unforeseen Site conditions are payable by the Client.
6.5 Aqualux Pools is not liable for delays or additional costs arising from inaccurate or incomplete Site information.
7. Variations
7.1 All Variations must be agreed in writing.
7.2 Variations may result in adjustments to price and completion time.
7.3 Aqualux Pools may apply reasonable administrative costs and margin to Variations.
7.4 Verbal instructions are not binding.
8. Programme and Delays
8.1 Any stated timeframe is an estimate only unless expressly agreed otherwise.
8.2 Aqualux Pools is entitled to reasonable extensions of time for delays caused by:
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Weather events
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Supply chain disruption
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Council or regulatory delays
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Subcontractor availability
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Client acts or omissions
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Restricted Site access
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Force majeure events
8.3 Delay does not entitle the Client to compensation unless expressly agreed in writing.
9. Regulatory and Consent Matters
9.1 Responsibility for building consent is as stated in the quotation.
9.2 Aqualux Pools is not liable for delays caused by councils or regulatory authorities.
9.3 Compliance obligations are limited to the scope expressly stated in the quotation.
10. Access and Site Safety
10.1 The Client warrants safe, clear and lawful access to the Site.
10.2 The Client must ensure pets, children and occupants are kept clear of construction areas.
10.3 Aqualux Pools is not liable for damage to pre-existing structures except to the extent caused by negligence.
11. Structural Performance and Tolerances
11.1 The pool is an engineered structure designed for normal residential use.
11.2 Minor cracking, cosmetic surface variation, settlement within normal engineering tolerances or natural material movement does not constitute a defect.
11.3 Ground movement, seismic activity, subsidence and soil instability are outside the control of Aqualux Pools.
11.4 Waterproofing performance is subject to proper maintenance and compliance with usage guidelines.
12. Risk and Insurance
12.1 Risk in the Works remains with Aqualux Pools until Practical Completion.
12.2 The Client must maintain adequate insurance for the Site and surrounding property.
12.3 Upon Practical Completion, risk transfers to the Client.
13. Warranties
13.1 Nothing in these Terms limits rights under the Consumer Guarantees Act 1993.
13.2 Manufacturer warranties apply to supplied products where applicable.
13.3 The Client is responsible for ongoing maintenance following Practical Completion.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, the total liability of Aqualux Pools arising out of or in connection with the Contract is limited to the total Contract price.
14.2 Aqualux Pools is not liable for indirect or consequential loss, including but not limited to:
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Loss of use
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Loss of enjoyment
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Loss of income
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Damage to landscaping beyond agreed scope
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Secondary water damage
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Costs of alternative accommodation
14.3 Aqualux Pools is not liable for equipment not supplied by it.
15. Defects Liability Period
15.1 The defects liability period is 12 months from Practical Completion unless otherwise stated.
15.2 The Client must notify any defect in writing within that period.
15.3 Failure to notify within that period may limit claims except where prohibited by law.
16. Suspension and Termination
16.1 Aqualux Pools may suspend Works for non-payment or material breach.
16.2 Aqualux Pools may terminate the Contract for material breach by the Client.
16.3 Upon termination, the Client must pay for:
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Works completed
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Materials ordered
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Demobilisation costs
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Reasonable loss of margin
17. Dispute Resolution
17.1 The parties must attempt to resolve disputes in good faith.
17.2 If unresolved, disputes may proceed to mediation or to the Courts of New Zealand.
18. Governing Law
This Contract is governed exclusively by the laws of New Zealand.