Rejuvenate Plunge Series Product Limited Warranty and Installation Terms & Conditions

Table of Contents

Rejuvenate Plunge Series Product Limited Warranty

Rejuvenate Plunge Series Pool Usage Guidelines and Warnings

Rejuvenate Plunge Series Product Installation Terms And Conditions of Sale

Damages

 

Plunge Series Product Limited Warranty

Like any mechanical device, your HydroWorx Pool must regularly be inspected and have regular preventative maintenance procedures performed on the pool. The information contained within this warranty will profile various components, systems and parts integrated into your HydroWorx Rejuvenate Plunge Series Pool. These profiles are for information purposes only and are not to be used for repair or replacement unless the repair or replacement activity has been specifically authorized by HydroWorx. Any unauthorized repair or replacement activity will void your limited warranty and may cause harm or injury to both the product and user.

HydroWorx International, Inc. (HydroWorx) warrants solely to the original Buyer that this product (HydroWorx Rejuvenate Plunge), consisting of the pool shell, jet system(s), and water circulation equipment will be free from defects in materials and workmanship, when given normal, proper and intended installation and usage, for the period set forth below from the date of installation.

 

LIMITED WARRANTY PERIOD	COMPONENTS COVERED
One (1) Year	Water Circulation Equipment (filter housing, brominator and pump)* Badu Jets and Pump* (optional hot and combination plunges) Spa Jets and Pump* (hot and combination plunges) Chiller Unit* (cold and combination plunges) Heater Unit* (hot and combination plunges)
Five (5) Years	Structural integrity of tank walls Tank PVC Membrane Liner*

*Proper maintenance and lubrication schedules must be followed to keep the warranty intact.

During the limited warranty period, HydroWorx will repair or replace, at its option and without cost to the Buyer, any portion of the product which is confirmed by HydroWorx to be defective.

This warranty shall not apply to any expendable component, such as, but not limited to chemicals, fuses, filters, and lubricants. HydroWorx shall have no obligations to make repairs or replacements which result, in whole or in part, from (I) catastrophe, fault or negligence of Buyer, (II) improper or unauthorized use of product, (III) maintenance or installation of the product which is not in full compliance with the requirements of the HydroWorx Operating Manual and Software Manual, (IV) the presence of debris or silt in the product, (V) the failure to maintain water cleanliness, chemistry and temperature in accordance with the recommendations of circulation equipment suppliers, (VI) any modification of the product (including, but not limited to, removal or affixing any object to the equipment or removing any component part of the product without prior specific written instruction from HydroWorx), or (VII) causes external to the product such as, but not limited to, power failure.

In the event after inspection by HydroWorx the product proves not to be defective or is not subject to the warranty protection because of normal use, wear and tear, misuse, lapse of time, accident, modification, or any other exclusion specified above, the Buyer will be charged for repair or replacement services at HydroWorx’s standard rates then in effect together with the “portal to portal” expenses incurred by HydroWorx in providing the service.

THE PROVISIONS OF THE FOREGOING WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MECHANTIBILTY OR FITNESS FOR A PARTICULAR PURPOSE. HYDROWORX’S LIABILITY ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE PRODUCTS OR ITS USE OR DISPOSITION WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY THE BUYER FOR THE PRODUCT. IN NO EVENT SHALL HYDROWORX BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF USE OF DAMAGES ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE PRODUCT THE FOREGOING WARRANTY APPLIES TO THE BUYER ONLY AND SHALL NOT ETEND TO ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS OF THE BUYER.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME BUYERS. THIS WARRANTY GIVES THE BUYER SPECIFIC LEGAL RIGHTS, AND THE BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

WARNING: USER OR PATIENT SHOULD NOT USE THIS EQUIPMENT WITHOUT CONSTANT ADULT SUPERVISION FROM A QUALIFIED PRACTITIONER WHO HAS BEEN TRAINED ON THE USE OF THE HYDROWORX SYSTEM. PATIENTS OR USERS SHOULD CONSULT HIS/HER PHYSICIAN BEFORE USING THIS EQUIPMENT. AT ALL TIMES HYDROWORX DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY SUSTAINED BY ANY USER WHETHER AUTHORIZED OR UNAUTHORIZED, OF THE PRODUCT.

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Rejuvenate Plunge Series Pool Usage Guidelines and Warnings

• Never use the HydroWorx without supervision from a qualified aquatic therapy practitioner or exercise specialist.
• Never dive or jump into your HydroWorx. Any unauthorized or extreme use may result in injury or death.
• Always have patients consult their physician or other medical professional before utilizing the HydroWorx.
• Unauthorized service, repair or replacement of parts will void your warranty and may damage your HydroWorx or injure your patients or qualified practitioner.

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Rejuvenate Plunge Series Product Installation Terms And Conditions of Sale

These Terms and Conditions of Sale (“Terms of Sale”) govern the sale of Products and Services by HydroWorx International, Inc. referenced in the HydroWorx Customer Order Form. These Terms of Sale may be supplemented by addenda, exhibits, schedules, and other attachments referenced in or attached to these Terms of Sale or the applicable Customer Order Form and shall collectively constitute the entire agreement (“Agreement”) between the parties. All changes to this agreement or to the scopes of work or requests for additional performance of work will be made only by a written change order agreed to by both parties.

1. Site Preparation Overview:
   1. All preliminary site preparation for the Products before installation is the responsibility of Customer/Customer’s Representative/Customer’s Contractor and must strictly adhere to most recent HydroWorx design and installation requirements for the particular Products found at https://www.hydroworx.com/research-education/support/documents/ (the “D&I Guide”) including without limitation the following, as further detailed in the D&I Guide.
   2. Any aspect of the pool room, mechanical pit design, or equipment substitution that does not comply with HydroWorx standard installation and design requirements, must be approved by HydroWorx and may result in delays and additional charges.

2. Phase 1 Assembly Overview:
   1. It is the responsibility of Customer/Customer’s Representative/Customer’s Contractor to perform the Phase 1 installation scope of work following the most recent HydroWorx Phase 1 assembly instructions and requirements found at https://www.hydroworx.com/research-education/support/documents/
   2. A minimum 7’ wide x 7’ high clear rollable access path from the unloading location to inside the poolroom with turning clearances that can accommodate a 7′ long X 6’ wide tank wall are required.
   3. The mechanical pit must be clean, well lit, dry, and have an operational sump pit prior to setting the equipment and performing the Phase 1 assembly. There can be no standing water in the mechanical pit at any time.
3. Phase 2 Assembly Overview:
   1. Phase 2 Installation following the completed Phase 1 Assembly, can be scheduled or rescheduled, at earliest, no less than 30 days after HydroWorx’s of receipt of the 100% completed HydroWorx Phase 2 Site Inspection Document and required photos by the Customer’s General Contractor. If the HydroWorx Phase 2 Site Inspection Document and required photos do not demonstrate to HydroWorx’s reasonable satisfaction that the site has been prepared in accordance with the D&I Guide, HydroWorx may withhold approval and defer Phase 2 Installation, HydroWorx may impose a charge (the “Delay Charge”) of $5,000 per day, and Customer shall be responsible for all other consequences of any delay. The HydroWorx Phase 2 Site Inspection Document can be found at https://www.hydroworx.com/research-education/support/documents/
   2. HydroWorx will arrange one (1) installation trip by HydroWorx technicians (or its authorized technicians) to install the pool lining system, perform the proprietary mechanical connections of the tank wall panels, and system test the unit. Customer understands that HydroWorx’s installation technicians may not belong to relevant trade unions and may not be paid prevailing wages for the area. Customer shall be responsible for any and all delays, damages, and extra costs incurred by HydroWorx as a result thereof of such non-union status, including physical damages to the site or Products and additional costs to comply with prevailing wage standards and union staffing requirements and work rules.
   3. Access to the site on all days of the week, 7:00 AM – 6:00 PM, including Saturday and Sunday, is required for HydroWorx technicians to install the Products. If a delay occurs, or an additional or rescheduled installation visit is required due to customer’s failure to comply with the site preparations and/or installation requirements, Customer shall reimburse HydroWorx for the additional work and travel expenses separately, in addition to any Delay Charges.
   4. If an additional or rescheduled installation trip is required, or for any reason installation is prevented or delayed past the agreed installation dates, or if HydroWorx’s installation crew requires additional overnight accommodations and meals to accommodate any delay, HydroWorx may impose additional Delay Charges. Customer shall in addition reimburse HydroWorx on demand for any travel, lodging, and meals expenses.
      5. At the completion of the Phase 2 system testing and product startup, the HydroWorx must be left filled and running for 30 days and the water quality (per the D&I Guide and the O&M Manual referred to below) maintained by a certified pool operator to ensure there is no staining of the pool liner and internal equipment or damage to the pool equipment due to unbalanced water.

3. Certain Responsibilities:
   1. The following is a summary only. For full instructions and responsibilities, reference the D&I Guide. Customer/Customer’s Representative/Customer’s Contractor are responsible, at Customer’s entire expense, for:
   2. Incorporating HydroWorx design requirements into their architectural, structural, mechanical, electrical and plumbing drawings. These site-specific drawings shall be provided to HydroWorx.
   3. Adhering to all local, state, and federal code requirements, as well as completing all necessary permitting and code submittals/applications and associated fees. Should any jurisdictional-specific modifications be required above the standard HydroWorx product, it will be the responsibility of the customer to both determine, as well as pay for such modifications. Should customer fail to notify HydroWorx of such modifications a minimum of 90 days prior to the scheduled ship date, delays may occur, with the consequences noted above.
   4. Providing properly rated rigging equipment, certified operators, and skilled labor to unload and move the pool components from the delivery truck to a secure onsite storage/staging area and into the poolroom. This includes a lull with minimum 6’ fork extensions and certified operator fork, four-wheel dollies, dry wall carts, etc.
   5. A licensed electrician must perform all electrical work to and from all the pool’s electrical components, perform the final electrical hookup, and perform all the electrical grounding and bonding required for the pool and options selected. Installation diagrams of panel manufacturers must be followed and installation documentation must be completed and returned as noted in the D&I Guide and electrical manufacturer’s literature.
   6. A licensed plumber must provide the necessary labor and piping, valves, etc. to make the plumbing connections to and from the pool’s plumbing/equipment components, jet systems and all the pool inlets and outlets including plumbing from the pool’s main drain to the sump pit in accordance with local and state pool codes.
   7. Break down and dispose of all crates, pallets, cardboard containers, boxes and any other refuse identified as unneeded by the supervising HydroWorx field technician.
   8. Any aspect of the pool room, mechanical pit design, or equipment substitution that does not comply with HydroWorx standard installation and design requirements, must be approved by HydroWorx and may result in delays and additional charges.

Standard Features Rejuvenate Cold

• Water-cooled chiller unit
• Commercial filtration and circulation system
• In-line brominator
• Stairway handrail
• Project design support
• Startup and in-service training

Standard Features Rejuvenate Hot

• Spa jets
• 11kW heater providing variable water temperature
• Commercial filtration and circulation system
• In-line brominator
• Stairway handrail
• Project design support
• Startup and in-service training

Standard Features Rejuvenate Combination

• Spa jets
• 11kW heater providing variable water temperature
• Water-cooled chiller unit
• Commercial filtration and circulation system
• In-line brominator
• Stairway handrail
• Project design support
• Startup and in-service training

*All quotes are valid for 30 days.

 

Damages

HydroWorx will not be held responsible for any damage(s), including corrosion, to the HydroWorx equipment during the unloading, storage, staging and installation process that are completed by the General Contractor and/or Sub-contractors and their scopes of work, nor the associated costs to repair such damages, including any damages to finished surfaces, etc.