STANDARD TERMS AND CONDITIONS INTEGRATED CONTRACT: All terms and conditions of this sale are set forth in this contract. No oral representations or contracts will bind either party. This contract can only be changed by written contract, signed by the parties, evidencing such change. ASSIGNABILITY: This contract shall inure to the benefit of the parties, their heirs and assigns. However, Mid State Pool Liners, Inc. shall not assign this contract without Customer’s written consent. If a person other than Mid State Pool Liners, Inc. is to act as the general contractor or assume responsibility for performance of the contract, the name and address of such person shall be provided to the customer in writing, and that writing shall be deemed part of this contract. PAYMENT AND GOOD FAITH: Customer shall make payments in accordance with the terms of this contract. If payment terms are not met, Mid State Pool Liners, Inc. reserves the right to stop all work. Customer shall be responsible to Mid State Pool Liners, Inc. for any expenses, including but not limited to legal fees and costs, incurred by Mid State Pool Liners, Inc. in attempting to secure payment. If Customer does not allow Mid State Pool Liners, Inc. to proceed with work as described in this contract after the liner has been ordered, Mid State Pool Liners, Inc.’s obligations under the contract shall terminate and Customer shall compensate Mid State Pool Liners, Inc. for the liner and all services performed up to that point. PERMITS, WATER: As a precondition to Mid State Pool Liners, Inc.’s performance under this contract, Customer must sign NJ State Form ST-8, Certificate of Capital Improvement. Failure to sign said documents releases Mid State Pool Liners, Inc. from performance under this contract. In addition, it is Customer’s responsibility to obtain and pay for any permits required by law, ordinance or regulation for the alteration or repair of swimming pool. If said permits are not obtained within a reasonable time after the execution of this contract, Mid State Pool Liners, Inc. shall be excused from any further performance hereunder and shall be entitled to retain all deposit monies as liquidated damages. It is Customer’s responsibility to provide water. PROPER MAINTENANCE BY CUSTOMER: Proper water chemistry must be maintained. Improper water chemistry can cause wrinkling, fading, and staining, which are not covered under the terms of the warranties contained herein. Customer is solely responsible for maintaining proper water chemistry. To prevent damage to the vinyl-lined pool chemicals should not be broadcasted into the pool, allowed to settle undissolved, or left in the skimmer undissolved. Water levels must be maintained at normal operating level throughout the year to prevent any damage. Customer is solely responsible for maintaining proper water levels at all times. Water levels should never be lowered immediately after a rain. To prevent damage to pool, groundwater level should be allowed to recede first before discharging excess water in pool to normal operating level. Pool cover should not be pumped off immediately after rain or melting. Doing so can cause damage to the pool. ADDITIONAL WORK: Subject to the conditions below, Mid State Pool Liners, Inc. may: install a proper drywell system if the work contemplated by this contract cannot be completed because of groundwater or high water table; repair or replace all pipes found to be broken after work contemplated by this contract is commenced; make necessary repairs if upon removal of liner the floor is found to have erosion; and/or make necessary repairs if extrusion at top of pool wall (where liner is mounted) is found to be in inadequate condition. The additional work and charges contemplated in this section shall be set forth in a separate writing(s) to be presented to Customer. Upon signing, said writing(s) shall be considered effective and part of this contract and Mid State Pool Liner, Inc. shall furnish Customer a copy of said writing(s). Payment shall be made for such additional work according to the parties’ understanding as set forth in said writing(s). Mid State Pool Liners, Inc. will not commence any such additional work until said writing(s) is/are signed by Customer and Mid State Pool Liners, Inc. If Customer refuses to sign said writing(s), Mid State Pool Liners, Inc. is entitled to retain all payments made by Customer up that point to the extent those payments compensate Mid State Pool Liners, Inc. for all costs associated with work already completed, including, but not limited to, time, materials, labor, and foregone business opportunities. Any additional work contemplated in this section is not Mid State Pool Liners, Inc.’s responsibility, and as such is expressly excluded from any warrantees made under this contract. WARRANTIES: Mid State Pool Liners, Inc. guarantees the pool liner at the current prorated retail price for twenty (20) years from the date of installation against seam failure due to manufacturing defects. Mid State Pool Liners, Inc.’s obligation under this guarantee shall be specifically limited to repairing or replacing the pool liner at its’ option, and does not include installation or any other expenses or damages resulting from a failure of the liner. If liner lock is purchased, a 2 year warranty is provided for liner out of track. If the homeowner chooses not to purchase this improved method, Mid State Pool Liners, Inc. is responsible for only 1 year for liner out of track due to varying widths of extrusion or coping. Moreover, this warranty does not apply to damage due to: Acts of God, accidents, tears, “floating liner”, liner coming out of the track, punctures, abrasion, undue abuse, negligence of continuous pool maintenance, draining of pool, natural wearing and fading of decorative trim or printing, material discoloration, fading, staining, improper use of chemicals, insect damage, allowing the water level to drop below the skimmer or failure of the pool owner to keep chemical levels within the range established by NSPI. Irregularities in printing, fading, and tile alignment are not covered by warranty. The materials used in the fabrication of this liner are not produced by Mid State Pool Liners, Inc. and any failure due to material defects must be referred to the manufacturer of the raw materials. Failure to maintain proper chemical levels may cause premature color loss, wrinkling, or brittleness in the liner, none of which are covered by this warranty. This warranty does not cover damages to persons or property caused by failure of the liner. This warranty is voided if pool is emptied of water by Customer (or someone at Customer’s direction or under Customer’s control), or if the area above the waterline is not properly maintained and kept clean. As the most common cause of liner failure is neglect, please begin a daily and weekly maintenance program as soon as your pool liner is installed. Mid State Pool Liners, Inc. guarantees all materials provided and workmanship performed on the pool for two (2) years from date of liner installation. Mid State Pool Liners, Inc. does not guarantee existing floor, whether sand or vermiculite, to be 100% free of indentations or impressions unless an entire new vermiculite floor is installed by Mid State Pool Liners, Inc. Only warranties specifically stated in this contract, whether for liner, labor or materials provided are the responsibility of Mid State Pool Liners, Inc. Any defects which might occur will be corrected according to the terms of warranty. Any other damages or costs incurred are not covered by the warranties contained herein and are the responsibility of the Customer. In the case of default of payment, all warranties are null and void. OTHER EXCLUSIONS: Mid State Pool Liners, Inc. shall not be liable for: empty pool (walls or floor) or any damage, which might be caused to the overall pool structure by water removal; or any damages to persons or property caused by failure of the liner. In addition, Mid State Pool Liners, Inc. shall not be liable if the liner and/or foam floats causing wrinkling, shifting, tearing of liner, liner lifting out of coping or floor washing out. Mid State Pool Liners, Inc. will exercise reasonable care to prevent damage to property and grounds during work performed, but will not be held liable for any damage which might occur. Any re-landscaping or restoration of grounds shall be at the homeowner’s expense. Mid State Pool Liners, Inc. is not responsible for damage to any supplied materials caused by insects. Debris removal is the responsibility of the homeowner unless otherwise agreed upon. Mid State Pool Liners, Inc. will, upon request, supply contractor’s name who can provide debris removal. Otherwise, debris will be placed at curb. Debris is defined as biodegradables, i.e., leaves, roots, branches, dirt, etc. No repairs other than those described in this contract are the responsibility of Mid State Pool Liners, Inc. None of the provisions of this contract shall be construed as a waiver of any claims or defenses Mid State Pool Liners, Inc.’s may have vis-à-vis Customer under all applicable laws. INSURANCE: Workmen’s compensation and liability insurance are carried by Mid State Pool Liners, Inc. and are applicable to the work performed under this contract. Copy of the certificate of commercial general liability insurance required of a contractor pursuant to section 7 of the Consumer Fraud Act, along with the telephone number of the insurance company issuing the certificate, will be furnished to Customer along with this contract, and is considered part of this contract. FINANCING: In the event any mortgage or security interest is taken in connection with the financing of the products, labor and/or materials contemplated under this contract, a description of that mortgage or security interest shall be made in a separate writing, signed by Customer and Mid State Pool Liners, Inc. A copy of said writing shall be furnished to Customer and shall be considered part of this contract upon execution thereof. NOTICE OF CUSTOMER’S RIGHT OF RESCISSION: YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER: (1) SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR (2) PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO: MID STATE POOL LINERS, INC., 323 OLD BRIDGE TURNPIKE, EAST BRUNSWICK, NJ 08816, 732.390.8080 IF YOU CANCEL THIS CONTRACT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY UNLESS WE ALREADY MEASURED YOUR POOL. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR’S RECEIPT OF THE CANCELLATION NOTICE. If this contract is made at a place other than Mid State Pool Liners, Inc.’s place of business, this notice provision shall be superceded by the notice provision required under the Door to Door Home Repair Sales Act, N.J.S.A. 17:16C-95 et seq., in the manner prescribed therein. DISPUTE RESOLUTION: Any dispute, claim or controversy arising from the performance or breach of this contract shall be resolved by submission to binding arbitration under the rules of the American Arbitration Association. As a condition of submission to arbitration, the customer shall give written notice thereof to Mid State Pool Liners, Inc. setting forth the basis for the claim and a clear copy of any documents intended to be relied upon by the claimant. The claimant and Mid State Pool Liners, Inc. shall endeavor in good faith to resolve the matter in dispute for a period not to exceed sixty (60) days. If the parties are unable to resolve the matter within the specified time, either party may initiate arbitration. Any statute of limitations shall be tolled by the filing of the notice required hereunder, and until the end of the settlement period.