TERMS & CONDITIONS OF SALE

Cowboy Pools
Effective Date: June 11, 2025 — Version 1.3

By placing an order with Cowboy Pools (operated by Cowboy Pools LLC, you agree to these Terms & Conditions of Sale. Please read them carefully before purchasing. If you do not agree, do not complete your purchase.

1. What's Included

Pool packages include: a galvanized steel stock tank (6', 8', 9', or 10'), pump and filter, chlorine dispenser, tablets, and a maintenance kit. Packages include up to 21 days of post-installation support in the Austin and Houston service areas.

2. Customer Responsibilities (Site Preparation)

You are responsible for preparing your site before delivery. Before we arrive, you must have:

  • Level ground
  • A GFCI outlet
  • A municipal water source (not well water or rainwater)
  • A 48"+ fence with a self-latching gate
  • A 3' clear access path to the install location

If your site is not ready when we arrive, we may charge a $200 site-readiness fee and reschedule your installation. The $200 fee is non-refundable and is separate from any other fees described in these terms.

3. Pool Placement & Permits

You are responsible for choosing the pool location, obtaining any required permits, and complying with all local codes and HOA rules. Cowboy Pools is not responsible for placements that violate local codes, setbacks, or permit requirements.

4. Excavation (In-Ground Installations)

If you are placing your pool in the ground, you are responsible for:

  • Digging a hole 1' wider than the pool
  • Adding a gravel base
  • Ensuring proper drainage
  • Keeping pump access above ground

Cowboy Pools does not dig, excavate, or perform landscaping.

5. Delivery & Installation

We will deliver, place, fill, and test your pool for a fee. Additional fees apply for longer distances and will be quoted before your order is finalized.

6. Payment & Deposits

Payment in full is required to schedule delivery and installation. Orders are not scheduled until the balance is received.

7. Returns, Refunds & Cancellations

All refunds and cancellations are subject to a 3% processing fee. This fee reflects non-refundable payment processing costs that our payment provider retains on every refunded transaction; it is not a penalty.

  • Pool packages: A full refund (less the 3% fee) is available within 14 days of purchase and before delivery is scheduled. No returns or refunds are available after delivery or installation has occurred.
  • Accessories: May be refunded (less the 3% fee) before they ship. Post-delivery accessory refunds are handled case-by-case.
  • Deposits: Refundable (less the 3% fee) only if cancellation occurs before delivery is scheduled.

Exceptions — when the 3% fee does NOT apply. We will not charge the 3% fee, and you are entitled to a full refund, where a refund results from: a defective product we supplied, an error in our delivery or installation, delivery of incorrect merchandise, or our cancellation of your order.

8. Warranties

Manufacturer warranties. Manufacturer warranties apply to the stock tank, pump, filter, and other manufactured components. You must register these items directly with the manufacturer. Cowboy Pools is not liable for product defects originating from third-party manufacturers.

Installation workmanship. Cowboy Pools warrants its own installation workmanship for 30 days from the date of installation. During this period we will correct defects in our installation work at no charge. This workmanship warranty does not cover damage caused by misuse, alteration, weather, ground movement, improper site preparation, or normal wear. Except as expressly stated here, Cowboy Pools makes no warranties, express or implied, regarding installation services.

9. Safety, Assumption of Risk & Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS COWBOY POOLS' LIABILITY AND AFFECTS YOUR LEGAL RIGHTS.

POOLS ARE NOT TOYS. WATER CARRIES A RISK OF SERIOUS INJURY, DROWNING, AND DEATH. Constant adult supervision of all swimmers, especially children, is required at all times. You are solely responsible for the safe use, supervision, fencing, and securing of your pool, and for compliance with all applicable safety laws and local ordinances.

ASSUMPTION OF RISK. You knowingly and voluntarily assume all risks associated with the ownership, use, and presence of the pool on your property.

LIMITATION OF LIABILITY. To the fullest extent permitted by law, Cowboy Pools shall not be liable for any injury, death, or property damage arising from the use, misuse, or presence of the pool after delivery and installation are complete. In no event shall Cowboy Pools be liable for any indirect, incidental, consequential, or punitive damages. Cowboy Pools' total liability for any claim arising out of or relating to a purchase shall not exceed the total amount you paid for that purchase.

INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Cowboy Pools and its owners, employees, and contractors from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of the pool, your failure to supervise users, or your violation of these terms or applicable law.

10. Accessory Shipping

Most accessories ship within 1–3 business days.

11. Governing Law, Venue & Dispute Resolution

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these terms or a purchase shall be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts.

Before filing any claim, you agree to first contact us at howdy@cowboypools.com and attempt to resolve the dispute informally for at least 30 days.

12. General

Severability. If any provision of these terms is found unenforceable, the remaining provisions remain in full force.

Entire Agreement. These terms, together with your order, constitute the entire agreement between you and Cowboy Pools and supersede any prior agreements or representations.

Modification. Cowboy Pools may update these terms at any time. The version in effect at the time of your purchase governs your order.

Force Majeure. Cowboy Pools is not liable for delays or failures caused by events beyond its reasonable control, including weather, supply shortages, or acts of God.

Assignment. You may not assign these terms without our written consent. We may assign them in connection with a sale or transfer of the business.

13. Contact

Questions? Email howdy@cowboypools.com.