Warranties

Imperial Pools, Inc. warrants the Structural Polymer Panels for the Lifetime of the original retail purchaser or by a qualified transferee of the original retail purchaser. We agree to replace or repair, without charge to you, at our factory, any panel, which breaks, splits or tears apart beyond use during this period. This warranty is subject to the following terms and conditions:

a. If the Matrix Pool Systems’ panel should break, split or tear apart beyond use during this period, you should send a letter to our factory identifying the panel. We will repair or replace the defective panel or panels after either (1) receipt of the defective panel or panels at our factory for factory confirmation of the defect or (2) at our option, confirmation of the defect by an authorized representative at the pool site. Repair or replacement will be completed within 10 business days.

b. This warranty is enforceable only by the original retail purchaser of the Matrix Pool or by a qualified transferee of the original retail purchaser. A qualified transferee shall be the next owner of the real property upon which the Matrix Pool was originally installed who has forwarded to Imperial Pools, Inc. at the address stated below, a copy of the deed or other instrument of transfer of title indicating the change in ownership within 30 days following the transfer of title. Upon any subsequent sale of the real property where the Matrix Pool was originally installed, this warranty shall terminate immediately.

c. Units or assemblies such as filters, pumps, motors, skimmers, standard fittings, heaters or accessories purchased by us for the use in the pool are subject to and carry the manufacturer’s warranty only.

d. Our factory is located at Imperial Pools, Inc., 33 Wade Road, Latham, New York, 12110, (518) 786-1200 and is open for business Monday through Friday, 8:00 a.m. to 5:00 p.m.

e. Freight charges for any panels returned to us for replacement or repair must be prepaid by you. Freight charges for the return of panels repaired or replacements must also be paid by you.

f. Any panel, replaced or repaired by us and returned to you shall be installed or reinstalled by you at your cost.

g. In order to obtain maximum use and enjoyment from your Matrix Swimming Pool, you should keep your pool full of water at all times. We are not responsible for any irregularities or imperfections, which may result from the removal of water from your Matrix vinyl liner pool.

h. Our total liability to you under this warranty is limited to carrying out the terms of our warranty.

i. Unless the manufacturer installs your Matrix Pool, we have no liability to you for faulty installation of your pool or for damage to panels, which may result from faulty installation.

j. We shall not be responsible for any damage or defect to panels, which result from your acts, or the acts of others, and we shall have no liability to replace or repair any panels so damaged.

k. This warranty shall be unenforceable so long as the purchaser is in default under the terms of any agreement executed in connection with the purchase or installation of the Matrix Pool.

l. This warranty gives you specific legal rights. You also have implied warranty rights. In the event of a problem with warranty service or performance, you may be able to go to a small claims court, a state court, or a federal court. This warranty is in compliance with the Consumer Products and Federal Trade Commission Improvement Act.

Date Warranty Begins:

• The warranty begins on the date of installation.

• This product is warranted by Vinyl Works, Inc. to the original purchaser only against failure resulting from workmanship in welding seams and edges for Twenty (20) years, with the replacement cost to be prorated after the fifth (5th) year.

What is Covered:

• This warranty applies only to liners purchased for private residential use.

• The pro rata replacement schedule are the following percentages of the fabricator’s current suggested list price. The percentages are based on the length of time you have owned your liner measured from the date of installation:

Within 5 years - No Charge
After 5 years - 50%
After 6 years - 60%
After 7 years - 70%
8-20 years - 80%

What is Not Covered:

• This warranty does not cover damage caused by shipping, mishandling, faulty installation, improper acts of others, or acts of God.

• This warranty specifically excludes holes, cuts, tears along seams, bleaching, and wrinkles, which develop over time. These conditions are caused by misuse, improper installation, improper addition of chemicals, or poor maintenance of pool water chemical balance. Your liner must be installed according to the directions and properly maintained.

• This warranty does not cover chemical related damage sustained in pools with automatic pool covers.

• This warranty does not cover damage including fading resulting from improper use of (Salt) Chlorine Generators.

• This warranty does not cover the abrasion of pool liner print caused by automatic pool cleaners.

• This warranty does not cover ice damage.

• This warranty does not cover any failures due to material defects. Material used to fabricate this pool liner was not produced by Vinyl Works, Inc. Failures are to be referred to the manufacturer of such material.

• This warranty does not cover normal fading of color, or microbiological staining. All colored vinyl products, subjected to direct rays of the sun, may fade in time. Such fading, or microbiological staining, does not qualify as a material defect. Staining or fading does not affect the ability of the vinyl to perform its intended function.

• This warranty does not cover irregularities, imperfections, or damage, which may result from the removal of water from the liner. You should keep the pool full of water at all times.

• This warranty is null and void if alterations are made to the pool design or if accessories that can cause damage to the liner are used.

What We Will Do For You:

• We will replace or repair, according to the pro rata schedule, any liner found to be defective. Charges for shipping, removal, installation, water, and service calls are not covered by this warranty.

• Replacement will be completed within 10 business days of confirmation of the defect and receipt of your payment, if required.

How To Obtain Warranty Service:

• If your liner should fail within the first five years, please contact the dealer you purchased the liner from originally. If your liner should fail after year five please send a letter or e-mail to our factory identifying the liner and date of installation, along with proof of purchase and photograph of failure to: Imperial Pools Inc. 33 Wade Road Latham, NY 12110. Email to info@imperialpools.com.

• Determination of the claimed defect may be made upon receipt of the liner at our factory. At our option, confirmation may be made by an authorized representative at the pool site.

• All warranty claims must be made directly with Vinyl Works, Inc., and no merchandise is to be returned to us without prior written authorization.

Disclaimer of Consequental Damages:

• Under no circumstances will The Vinyl Works, Inc. become liable for Special, Incidental or Consequential Damages. This includes but is not limited to Any Damages for Loss of use of Pool, Injury To, Or Death Of, Any Person/Persons, Or Damage to Property. Any Claims Therefore are Hereby Specifically Disclaimed and Excluded. Some states do not allow the exclusion of special, incidental or consequential damages, so this above limitation may not apply to you.

Limitations Of Warranties:

• This warranty shall be unenforceable if you are in default under the terms of any agreement executed in connection with the purchase or installation of this liner.

• This warranty is intended to be in lieu of any and all warranties expressed or implied. It is a complete statement of our obligation.

• No agent or dealer or other individual is authorized to change this warranty and any such change will not be recognized by Vinyl Works, Inc.

• This warranty gives you specific legal rights. You also have implied warranty rights, and may have other rights which vary from state to state. In the event of a problem with warranty service or performance, you may be able to go to small claims court, state court, or federal court.

• This warranty is in compliance with the Consumer Product Warranty and Federal Trade Commission Improvement Act.

What Is Covered:

• This product is warranted by Saratoga Spa & Bath Co., Inc., to the original retail purchaser or a one time qualified transferee of the original purchaser only. A qualified transferee shall be the next owner of the real property upon which this Saratoga inground pool step was installed. If this Saratoga Step should fail resulting from defective material and or workmanship it will be covered per the terms listed in the this limited warranty.

• This warranty applies only to steps installed in private residential pools.

What Is Not Covered:

• This warranty does not cover damage, which results from your acts or acts of others, abuse, negligence, accident, act of God or normal wear and exposure to the elements. (This includes fading or discoloration)

• This warranty does not cover damage resulting from improper installation. This product must be installed according to the manufacturer’s installation instructions.

• This warranty is null and void if alterations are made to the step or if accessories that can cause damage to the step are used.

• Cosmetic nonstructural hairline cracks are excluded from this warranty.

What We Will Do For You:

• We will replace or repair any pool step found to be defective. Charges for shipping, removal, installation and service calls are not covered by this warranty.

• Replacement or repair will be made within thirty (30) days, weather and conditions permitting, of confirmation of the defect and receipt of your payment, if required.

How to Obtain Warranty Service:

• If your Saratoga Spa & Bath step should fail during the warranty period as a result of a problem covered by this warranty, you should notify us at our offices, in writing, at the address shown below. We will need to know your name, address, telephone number, a description of the product and defect involved, the date of installation, and the name and address of the dealer from whom you purchased the step. Also provide proof of purchase.

• Determination of the claimed defect may be made upon receipt of the step at our factory. At our option, confirmation may be made by an authorized representative at the pool site.

• All warranty claims must be made directly with Saratoga Spa & Bath Co., Inc., and no merchandise is to be returned to us without prior written authorization.

Disclaimer of Consequential Damages:

• Under no circumstances will Saratoga Spa & Bath Co., Inc., become liable for Special, Incidental or Consequential Damages. This includes but is not limited to Any Damages for Loss of use of Pool or Pool Step, Injury To, Or Death Of, Any Person/Persons, Or Damage to Property. Any Claims Therefore are Herby Specifically Disclaimed and Excluded. Some states do not allow the exclusion of special incidental or consequential damages so this above limitation may not apply to you.

Limitations of Warranties:

• This warranty shall be unenforceable if you are in default under the terms of any agreement executed in connection with the purchase or installation of this pool step.

• This warranty is intended to be in lieu of any and all warranties expressed or implied. It is a complete statement of obligation. No agent or dealer or other individual is authorized to change this warranty and any such change will not be recognized by Saratoga Spa & Bath Co., Inc.

• This warranty gives you specific legal rights. You also have implied warranty rights, and may have other rights, which vary from state to state. In the event of a problem with warranty service or performance, you may be able to go to small claims court, state court or federal court.

• This warranty is in compliance with the Consumer Product Warranty and Federal Trade Commission
Improvement Act.