TERMS & CONDITIONS
TERMS & CONDITIONS
COWBOY POOLS, LLC PURCHASE ORDER & CONTRACT
This is the legal contract between “Customer” and Cowboy Pools, LLC for the sale and purchase, delivery and set up of a stock tank pool package.
- Customer has purchased a 6’, 8’, 9’ or 10’ stock tank pool package from Cowboy Pools, for use as a residential wading pool or spa and agrees to pay Cowboy Pools the entire amount upon delivery. Included in this purchase is: (i) a sand filter and electric pump, (ii) 50-100 pounds of filter sand (iii) chlorine dispenser (iv) 1” chlorine tablets (v) maintenance kit and (vi) water chemistry test strips. This package includes service up to 21 days from the date of delivery, to customers in the Austin area. Customer understands and agrees that this agreement with Cowboy Pools does not include anything other than as described in this paragraph 1 including but not limited to: any service or maintenance the pool may need after installation, and upkeep or supplies beyond those described above.
- Cowboy Pools agrees to deliver and install the package described in paragraph 1 above, provided that all conditions described in paragraph 3 below are satisfied. Customer certifies that the address listed above is a private, single family residence with homeowner approval.
- Prior to the delivery and installation date described in paragraph 2 above, Customer agrees and certifies that the site of the pool on the property will be prepared to Cowboy Pool’s reasonable satisfaction, including: (1) the pool site is level; (2) the site is accessible to a code compliant Ground Fault Circuit Interrupted (GFCI) electrical outlet (120 volts AC) in good and safe working order. All electrical requirements needed for the pool are the Customer’s responsibility; (3) there is a water supply from municipal or a similar treated water supply (i.e., Customer understands that well water or rain water is not recommended for this pool); (4) the pool site is enclosed by a fence of at least 48” height with a self-latching gate or is otherwise enclosed by a similar wall or pool enclosure, with no gaps that would permit a 4” sphere to pass through. This is to exclude unsupervised children or other persons requiring adult supervision into the pool site (i.e., Customer agrees to meet common safety code requirement for pools and spas applicable to them); and (5) the pool site is clearly accessible by Cowboy Pools for delivery with a pathway width at least 3’ wide with no overhead obstructions.
- If Customer’s pool placement site is not level or if Customer has not met the requirements in paragraph 3 upon scheduled install date, Customer will be charged a $100 fee plus the cost of materials needed to level the pool site. If the Cowboy Pools install team deems the the ground to be too difficult to level, Cowboy Pools will reschedule the install for a later date after the Customer has leveled the site.
- Customer is responsible for placement of the pool and all associated risks if any as a result of that placement. Customer is also responsible for obtaining any necessary permits that may be required.
- Customer agrees and understands that the price described in paragraph 1 above does not include correcting or remedying any conditions at Customer’s pool site that do not meet the requirements set forth in paragraph 3 above. If Cowboy Pools determines that the site does not meet these requirements, Customer is solely responsible for all arrangements and costs necessary to meet these requirements and Cowboy Pools will not be liable for any delays, costs or damages resulting from the failure to meet these requirements.
- Cowboy Pools will: (i) deliver and install the pool and all necessary equipment, (ii) fill the pool from Customer’s water source and (iii) confirm the pool is operating correctly. Customer is responsible for all costs associated with any additional sand required to reach the pool site.
- Customer is responsible for understanding and complying with manufacturer’s warranties. Damages that occur due to failure to comply with manufacturer’s warranty will be repaired at the Customer’s expense.
- Additional warranties are available from the manufacturers of the stock tank and equipment. Cowboy Pools will provide Customer with warranty registration materials pertaining to those manufacturer’s warranties but it is the Customer’s sole responsibility to register the product for any such warranties. Any such warranties from the manufacturers are separate and apart from the express warranty provided by Cowboy Pools herein. Customer agrees to release and hold harmless Cowboy Pools from any breach of the warranties, if any, provided by the manufacturers.
- Cowboy Pools offers free delivery and install of pool packages within Travis, Williamson and Hays counties. Delivery to San Antonio will incur a $150 fee. Delivery to other Central Texas customers will be assessed on a case by case basis and will incur additional delivery fees.
- Customer certifies that he/she has read and understood the safety warnings on Cowboy Pools website at http://www.cowboypools.com and the written safety materials and instructions that are provided with Customer’s purchase. Customer understands that the cowboy pool he/she has purchased is not a toy and that, similar to a spa or pool, it entails numerous safety requirements imposed by law, code, local ordinance, as well as personal risks and responsibilities. Customer understands that he/she, and not Cowboy Pools, is solely responsible for adhering to all applicable and necessary safety requirements, including providing all necessary supervision.
- Product shipping generally takes 1-3 days post purchase, unless otherwise stated on the item page. Delivery may take another few days, depending on the distance of recipient address from Austin, Texas. This refers to items other than pool packages.
- Cowboy Pools offers full refunds of pool packages if requested within 14 days of purchase, and only if a pool delivery has not been scheduled. There are no returns accepted once a pool install has been scheduled. There are no returns accepted once a pool has been installed. Cowboy Pools does not offer refunds 14 days after purchase or after a pool or heater has been delivered or installed, whichever occurs first. Cowboy Pools offers full refunds on accessories if requested before shipment has been made. Refunds requested after a delivery of accessories has been made are determined on a case by case basis.
- CUSTOMER AGREES AND UNDERSTANDS THAT COWBOY POOLS IS NOT RESPONSIBLE OR LIABLE FOR DROWNINGS OR OTHER ACCIDENTS, PERSONAL INJURY OR WRONGFUL DEATH IN CONNECTION WITH THE COWBOY POOL. CUSTOMER AGREES AND UNDERSTANDS THAT COWBOY POOLS IS NOT RESPONSIBLE FOR ANY DAMAGE TO PROPERTY OR FOUNDATION DUE TO PLACEMENT OF COWBOY POOL AND/OR ACCESSORIES. CUSTOMER HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND COWBOY POOLS FROM ALL CLAIMS, ACTIONS, DEMANDS, LAWSUITS ARISING OUT OF OR RELATED TO ANY INJURY, DAMAGE OR WRONGFUL DEATH IN CONNECTION WITH THE POOL.
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