TERMS & CONDITIONS AQUAFLEX POOL COVERS

Please read the following provisions, terms and conditions carefully.

Please take special note of all of the provisions, terms and conditions that have been bolded.

1. PRODUCT INFORMATION POOL COVERS

 1.1 AQUAFLEX SOLAR BLANKET

  • Acts as a physical barrier over the water surface reducing maintenance costs, evaporation and chemical usage.
  • Manufactured in 300mic
  • The material is flammable and should be kept away from any sources of heat / flame.
  • Increases the water temperature slightly on warm sunny days, retains heat.
  • Helps to prevent Algae growth.
  • 1 Year guarantee on delaminating of material. Solar Blanket and sand bags to be checked and inspected for damages by client immediately after delivery and Aquaflex to be notified of faults in writing within 24 hours after delivery via e-mail, in which case cover will be replaced. No report of damages or defects within this time period means Aquaflex assumes the goods were received in good order.
  • This NOT a safety cover, pets or children can drown, all normal safety measures have to be in place as if the cover was not covered.

1.2 AQUAFLEX SOLAR AND GEOBUBBLE COVERS

  • Acts as a physical barrier over the water surface reducing maintenance costs, evaporation and chemical usage.
  • Manufactured in 400mic and 500 mic
  • The material is flammable and should be kept away from any sources of heat / flame.
  • Increases the water temperature on warm sunny days as bubble covers are floating on the water, retains heat.
  • 2 Year guarantee  on delaminating of material.
  • This NOT a safety cover, pets or children can get trapped under the cover easily and drown, all normal safety measures have to be in place as if the cover was not covered. A pool safety net can be placed over the bubble covers.

1.3 AQUAFLEX SOLID PVC REINFORCED SAFETY COVER

  • Used specifically as a safety measure against accidental falling and acts as a physical barrier over the water surface reducing maintenance costs, evaporation and chemical usage.
  • Manufactured from 550gsm PVC supported by aluminum batons across the pool. Will support a child or adults weight. The Solid Safety Cover is tensioned using a system of ratchets on one end of the cover.
  • Two persons are needed to fit and remove the cover. Fitting and removal involves “fan folding” the cover on and off the pool.
  • The material is flammable and should be kept away from any sources of heat / flame.
  • Covers the pool entirely and is designed to collect leaves and debris.
  • Expected lifespan of 5-7 years.
  • Fitted with drainage holes to prevent the accumulation of water. Dust and debris that accumulates on the cover may infiltrate the pool through these holes.
  • Should the drainage holes become blocked allowing for water to accumulate, this water must be removed. Failure to do so may result in damage to the cover.
  • Allows for the prevention of evaporation and significant reduction in chemical requirements. Filtration time can be reduced to a minimum resulting in electricity savings.
  • Helps to prevent Algae growth.
  • Increases the water temperature slightly on warm sunny days, retains heat.
  • 2 Year guarantee on material defect of the Canvas.  Aquaflex can not be held liable for dogs or children using the cover as a trampoline, it is not meant to walk, nor jump, nor chewed on and damages caused by such activities will not fall under the warranty.
  • THE SOLID PVC REINFORCED COVER IS SAFE FOR CHILDREN AGAINST ACCIDENTAL FALLS, PROVIDED IT IS PROPERLY FITTED & MAINTAINED.

1.4   AQUAFLEX SOLID PVC  COVER

  • Manufactured from 550gsm PVC the material is flammable and should be kept away from any sources of heat / flame.
  • Expected lifespan of 4-5 years.
  • Easily supports the weight of a child or adult, BUT could accumulate water and as a result a child may still drown in such accumulated water. Rainwater should be removed by draining the cover using the pool cleaning equipment and filtration system.
  • Covers the pool completely and is designed to collect dust, leaves and debris.
  • Increase the water temperature slightly on warm sunny days, retains heat.
  • Save chemicals, electricity and water evaporation. The filter can be turned off for extended periods, though it is recommended to rather allow the filter to run for a minimum of 1 hour to circulate the water.
  • Helps to prevent Algae growth.
  • Difficult to handle due to tight tension. Weighs 40 – 60 kg’s.
  • 2 Year guarantee on material defect of the Canvas. Aquaflex can not be held liable for dogs or children using the cover as a trampoline, it is not meant to walk, nor jump, nor chewed on and damages caused by such activities will not fall under the warranty.
  • THE SOLID PVC COVER IS SAFE FOR CHILDREN AGAINST ACCIDENTAL FALLS, PROVIDED IT IS PROPERLY FITTED, MAINTAINED AND RAIN WATER IS DRAINED MANUALLY.

2. EXCLUSION OF GUARANTEE AND WARRANTIES

Any guarantee or warrantee provided by the supplier (excluding any guarantee or warranty by which the supplier is obliged to provide by law which will be subject to such laws) is subject to:

  1. the goods concerned having been stored and used in a proper manner;
  2. the customer has notified the supplier of the nature of the defect within 7 (seven) days of becoming aware of any defect;
  3. The goods have been returned to the supplier, carriage paid and adequately packed; In the instance that the goods are returned as defective but are found on inspection to be in good order such goods will be returned to the customer subject to a handling charge.
  4. Covers damaged by force of nature, fire or unforeseen acts of nature.
  5. Covers damaged by pets, animals, children or mall handling

Goods returned, which are out of guarantee or which were damaged due to incorrect usage, will be scrapped by the supplier unless the otherwise instructed by the customer.

3. SAFETY

Some of the pool covers provided by the supplier are not intended to and do not provide any protection from accidents and are accordingly are not safe for children and animals. The supplier accepts no liability whatsoever with respect to the use of these covers.

Other covers supplied by the supplier provide a degree of safety provided that they are used in a safe and proper manner. Children and animals should not be left unattended in any pool area and the supplier accepts no liability whatsoever for any death, injury, damage or loss howsoever occurring, with respect to the use of any of its covers.

4. EXCLUSION OF LIABILITY

4.1 DELAY IN COMPLETING THE SUPPLY AND INSTALLATION OF THE GOODS:

Whilst the supplier will use its best endeavors to supply and install the goods by the installation date detailed on the quotation or otherwise confirmed in writing, the supplier shall not be liable for any delay in completing the supply and installation of the goods if such delay is due to no fault on the part of the supplier, and the customer hereby undertakes to grant the supplier an extension of time for completing the supply and installation of the goods as is reasonable in the circumstances prevailing at the time when the delay occurs.

4.2 DEFECT AND WEAR AND TEAR:

The supplier shall not be liable for any damage to or deterioration in the goods due to misuse, abuse or fair wear and tear, including, without limitation, abrasion or sun damage.

4.3 ACCIDENT, INJURY, LOSS OF LIFE OR DAMAGE

The customer shall indemnify the supplier and hold the supplier harmless and the supplier shall not be liable for any claims whatsoever arising from any accident, loss of life, or damage resulting directly or indirectly from supply and installation of the goods sold and purchased under the agreement.

4.4  EXCLUSION OF IMPLIED WARRANTIES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008 (“CPA”)

a. In terms of section 55 of the CPA unless you are informed otherwise you are entitled to goods that:

  1. are reasonably suitable for the purposes for which they are generally intended;
  2. are of good quality, in good working order and free of any defects;
  3. will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
  4. comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

b. With regards to 4.a above we hereby inform you that:

  1. our goods are only suitable for the purposes as set out in our “Product Information” section 1.1,1.2,1.3,1.4 above;
  2. our goods will be useable and durable for the period of time as set out in our “Product information” section 1.1,1.2,1.3,1.4 above; having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
  3. our goods only comply with such standards as contained in our “Product Information” section 1.1,1.2,1.3,1.4 above.

5. INSTALLATIONS PVC COVERS

The supplier shall not be responsible for any civil work that may be required in and around the pool to enable it to install any of its goods supplied by it. The customer shall ensure that coping stones, brick work or any other structures around the pool will be able to accommodate securing points required to secure the pool cover.

The customer shall be liable for the supplier’s costs of any repeat visits that may become necessary as a result of the supplier’s inability to access the customers property at any time arranged with the customer for the delivery and/or installation of any of its goods.

The customer hereby grants the supplier the right of access to and egress from the site where the installation of the goods is to be effected and undertakes to provide free of charge such electricity and water supplies as are necessary to enable the supplier to complete the installation of the goods.

EXTRAS AND VARIATIONS

If the customer shall require any variation and/or additions to the goods and the installation thereof, such variations and/or additions and price and terms of payment thereof shall be of no legal force or effect unless reduced to writing and signed of both parties.

MAINTENANCE

All goods supplied by us should be inspected on an annual basis in order to ensure that they will perform in the manner in which they are intended to perform. The supplier will be entitled to charge its prevailing call out fee for each such inspection. The client is responsible for organizing the inspection. Failure to regularly have the cover inspected and maintained, and its consequences thereof, is  the client own liability.

6. PAYMENT

Payment of the price is to be effected on or before the date specified on the applicable invoice issued by the supplier or if a date is not specified within 7 (Seven) days from the date of the supplier’s invoice .

The price shall be paid at the suppliers premises or where ever directed by the supplier from the time to time, free of exchange and without deductions for any reasons whatsoever.

The supplier will be entitled to require the customer to provide a deposit of up to 50% on acceptance by the customer of the quotation and the balance of the purchase price will be due on collection/delivery of the goods.

The customer acknowledges that any deposit provided by the customer to the supplier will be NON -REFUNDABLE in the instance that the customer cancels any order with the supplier after such time as the supplier has customized any goods for the customer or the cancellation is within 7 (seven) days of the installation date. The customer hereby agrees that the cancellation charge is reasonable given the nature of the goods and the industry in which the supplier operates.

All goods remain sole property of Aquaflex until paid in full, after which ownership of goods are transferred.  Aquaflex reserves the right to charge interest over outstanding amounts which have not been paid from  7 days after installation or delivery.