10 YEAR LIMITED WARRANTY CERTIFICATE

1. This structural warranty is for the benefit of the original purchaser, is not transferable and is only valid if the following conditions are met.
a) The original installation was done by a duly authorised independent installer of Cosmo Pools , a licensed contractor, or a original buyer if he complies with local building codes of South-Africa and installation procedures of Cosmo Pools,
b) Cosmo Pools has received full payment of said pool.
c) Purchaser notifies Cosmo Pools within 10 days of inception of the warranty issue, said notification shall specify the exact nature of the warranty issue.
d) The purchaser agrees to cooperate with Cosmo Pools and to grant access to the pool area during normal business hours to repair the pool.

2. Cosmo Pools warrants its fibreglass pool shell to be structurally sound for the 10year warranty period. The term “Structurally Sound” shall mean that the pool is capable of containing water. In the event of failure of the pool to contain water, Cosmo Pools will repair the pool so that it does contain and hold water. Repairs may require modification to the pool. Cosmo Pools will not compensate the Purchaser for loss of time or use of the pool, inconvenience, or the cost to refill the pool with water.

3. All surface repairs shall be performed by Cosmo Pools or personnel authorized by Cosmo Pools to make such repairs, using the same colour materials as used on the original pool shell. Cosmo Pools does not warrant that the colour will match exactly; there might be a slight shade or colour variance observable.

4. The coping/paving is not considered part of the pool for warranty purposes.

5. A minimum of 10 to 1 clean sand and cement mix (backfill mix) must be used in order for the warranty to be effective. The installation specifications, as from time to time prescribed by Cosmo Pools, have to be complied with in full. In order for this warranty to be of any force or effect.

6. The warranty covers a 6 month repair period on hairline cracks, gel coat chips and blistering. After the initial 6 month period this warranty excludes discoloration, staining, fading, hairline cracks, blistering, gel coat chips or cracks, surface yellowing or roughness after manufacture.

7. Poor maintenance such as algae infestation, calcium scale or other mineral vegetation deposits or faults arising from misuse or abuse of the surface or the maintenance of incorrect water balances will NOT be covered under the warranty.

8. The warranty does not include pipe fittings, skimmer, inlet fittings, light niche or any other equipment or materials connected to the pool. Any other equipment such as filtration, pumps, motors etc. Included in the installation of your swimming pool are covered by their individual manufacturer’s warranties and not by Cosmo Pools.

9. Cosmo Pools, in its sole discretion, will make the determination as to the cause of the alleged structural fault. Such determination shall include who caused the structural fault, be it Cosmo Pools, an Installer/Contractor or from some other cause.

10. Cosmo Pools cannot take responsibility for shell problems occurring as a result of incorrect installation.

11. Cosmo Pools, at its sole discretion, shall make the determination as to repairing or replacing the pool in the event of major structural fault. Cosmo Pools shall NOT be liable or responsible for any loss or damage to property, including or not limited, to any fencing, shrubbery, walks, trees, patios, water or other improvements except for any gross negligence on behalf of Cosmo Pools.

12. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, ORAL OR IMPLIED AND MAY NOT BE ALTERED IN ANY MANNER WITHOUT THE EXPRESS AND WRITTEN CONSENT OF COSMO POOLS. COSMO POOLS WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER CAUSED BY THE BREACH OF THIS WARRANTY, INCLUDING BUT NOT LIMITED TO, LOSS OF THE USE OF THE POOL, LOSS OF TIME, INCONVENIENCE OR LOSSES REFERRED TO IN THIS WARRANTY.

13. The warranty asserts a fit for purpose status (ie .structural integrity) for the full term during normal and natural ground conditions.

14. THE WARRANTY WILL BE VOIDED IF ANY OF THE FOLLOWING ARE ALLOWED TO OCCUR:
(a) The pool is designed to remain full of water at all times. Do not allow water to drop below the skimmer outlet. The pool shell may be damaged if the water level is allowed to drop below the skimmer outlet.
(b) The pool shell may be damaged and separation from the concrete decking may occur if the pool is allowed to overflow or heavy water drainage is allowed to overrun the decking into the pool shell. Do not allow the water to overflow. Keep the water level in the middle of the skimmer at all times.
(c) Keep runoff water away from the pool areas and ground (hydrostatic) pressure down or bulging may occur.
This warranty is a generic warranty for Authorised Pool builders who are members of the Cape Town Pool Builders Association. This is an open ended warranty until termination of the preferred Poolbuilder by Cosmo Pools.