Terms of Service

The following Terms of Service apply for K & A Pools and Spas Inc (hereinafter “KAPSI”) and our Customers:

Insurance: KAPSI shall maintain all necessary insurances including Liability, Property Damage and Workers Compensation.

Access: Customer must ensure KAPSI has access to the service area on the scheduled service day, including but not limited to: gate entry codes, lock combinations, security guard verification and pets relocated/kept from the pool/spa service area. Should KAPSI be unable to access the service area for any reason, KAPSI will make every effort to contact you to remedy the circumstances preventing our access to the service area. If we are unable to reach you in a reasonable time frame by the end of our service day or time period for service in your area, services will not be performed and Customer is subject to a $50.00 administrative fee.

Payments: KAPSI accepts cash, check, credit cards or ACH payments. All balances due are required at time of service unless otherwise agreed. All goods and services are subject to NJ State Sales tax, which is currently 6.625%. Credit Card payments are subject to a 4% processing fee per transaction. In the event of Customer default, all services will be postponed until account is brought current and Customer will be assessed a $25 late fee.

Valid Credit Card on file: All Customers are required to maintain valid credit card information on file, which will be retained for use only by KAPSI. By providing this information and submitting below, Customer is authorizing KAPSI to charge the credit card on file for all services provided to Customer by KAPSI.

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Disclaimers: KAPSI is not responsible for:

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• Customers use of pool and/or spa,

• Customer purchased and/or added chemicals not purchased from/recommended for use by KAPSI,

• Maintaining pool/spa water level between service visits,

• Cleaning/removing scum, oil, or mineral deposits from tile or pool finish,

• Excess debris resulting from acts of nature, vandalism, or lawn maintenance providers,

• Damage to property due to acts of nature, fire, vandalism, misuse, or abuse,

• Trimming trees, plants, and shrubs around the pool,

• Gates or gate-latches,

• Lost pets or animals

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Additional charges will apply for any return trips that are determined not to be caused by KAPSI. Customer should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight, and, in some cases, other corrosive materials (i.e. chlorine, salt, etc.). KAPSI is not responsible for any damages or deterioration caused by failure of Customer to perform services recommended by KAPSI or by failure of Customer to properly maintain pool/spa and equipment.

Jurisdiction, Costs & Attorneys’ Fees: Customer agrees to pay KAPSI costs to recover damages including reasonable attorney’s fees as a result of a breach of any portion of this agreement or to defend any lawsuit in which KAPSI prevails. This includes but is not limited to the costs for collection of unpaid amounts due. Interest will accrue at the rate of 1.5% per month on any balance due and unpaid for more than 30 days. Customer agrees to jurisdiction in the State of New Jersey, County of Ocean regarding any legal claims or actions that result from this agreement or unpaid amounts due.

Mediation: The Parties further agree that any future disputes between them arising under any Agreement shall be submitted to a half day mediation before a former or retired Ocean County Superior Court judge or an agreed upon mediator. The mediation shall take place in State of New Jersey, County of Ocean.

Personal Guaranty: The submitter acknowledges that he/she has a substantial interest and/or benefit in the business of KAPSI and that KAPSI will only provide goods and/or services to the Customer if the undersigned personally guarantees the payment of all obligations arising of said goods and/or services provided by KAPSI to the Customer.

Now, thereof in view of the foregoing and to induce KAPSI to perform in accordance with the terms stated above, the undersigned does hereby unconditionally guarantee to KAPSI, its successors and assigns, the full and prompt payment of all obligations of Customer to KAPSI, including legal fees and interest in the event that payments are not made timely or as agreed.