The Morgan Pools Guarantee/Warranty
Every Morgan pool is covered by our five (5) year structural integrity guarantee/warranty.
Because Morgan Pools build to such a high standard it is rare that things go wrong. The Morgan Pools crew shares a belief in a culture of excellence and craftsmanship that is invested in every project we are involved in. However, if in the unlikely event that something does go wrong during the guarantee period Morgan Pools will rectify it at their cost.
EXTRACT FROM CONTRACT:
16.1 Any defects or omissions in the Work which come to notice of the Owner and are notified by the Owner to the Contractor [Morgan Pools] in writing within a period of 12 months after the date of Commissioning of the Pool shall be rectified by the Contractor at no cost to the Owner within a reasonable time after such notification. The Contractor shall not be liable for any defects or damage caused to the Work by or arising out of wilful or negligent acts of the Owner or the Owner’s agents servants or subcontractors or the failure by the Owner to promptly comply with the instructions of the Contractor or of equipment suppliers in respect of the Pool, surface cleaning of the Pool and chemical treatment of the water.
16.2 The Contractor shall pass on to the Owner all manufacturers’ warranties and guarantees in relation to all filtration and ancillary equipment for the period set out in those manufacturers’ warranties and in addition shall guarantee the plumbing for that filtration and ancillary equipment for a period of 12 months from the date of Commissioning of the Pool.
16.3 The Contractor shall guarantee the structural integrity of the Work and for a period of five (5) years from the date of commissioning of the Pool and the interior finish of the work on the Pool for a period of two (2) years after the date of commissioning of the Pool.
16.4 The guarantees and warranties contained in this clause are personal to the Owner and may not be assigned or transferred by the Owner to a third party without the prior written consent of the Contractor.
16.5 The Owner accepts and acknowledges that the Contractor is not obliged to carry out any remedial work pursuant to clause 16.1 while there are any moneys due and owing to the Contractor pursuant to the terms of this contract. This provision does not apply if moneys have been set aside as’a consequence of a dispute between the parties in terms of clause 17 hereunder.
NB. this extract is from the NZ Pool Industry model contract that is used by Morgan Pools.