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3500 Series Product Limited Warranty and Installation Terms & Conditions

Table of Contents

3500 Series Product Limited Warranty

3500 Series Pool Usage Guidelines and Warnings

3500 Series Product Installation Terms And Conditions of Sale

3500 Series Extended Warranty Plans

 

3500 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. You can purchase an additional year or years of comprehensive or limited maintenance and service coverage for your pool from HydroWorx. The information contained within this warranty will profile various components, systems and parts integrated into your HydroWorx 3500 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, consisting of the pool shell, integrated treadmill, jet system(s), electronic controls 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 noted on signed start-up completion form.

LIMITED WARRANTY PERIOD
COMPONENTS COVERED
One (1) Year
  • Water Circulation Equipment (heater, filter housing, brominator and pump)*
  • Badu Jets and Pump*
  • Treadmill Motor *
  • Treadmill Seal and Bearings*
  • Treadmill System*
  • Treadmill Belt*
  • Control System
  • Underwater Video System
Five (5) Years
  • Structural integrity of tank walls
  • Treadmill frame*
  • 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.

3500 Series Pool Usage Guidelines and Warnings

  • Never use the HydroWorx pool without supervision from a qualified aquatic therapy practitioner or exercise specialist.
  • Never dive or jump into your HydroWorx pool. 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 pool.
  • Unauthorized service, repair or replacement of parts will void your warranty and may damage your HydroWorx pool or injure your patients or qualified practitioner.
  • Never operate the treadmill with more than 1 person at one time.
  • Never operate the treadmill without water or in water less than 3 feet of depth.
  • Never operate the treadmill with debris or other objects in the pool as these objects may damage the safe and smooth operation of the treadmill.
  • If shoes are worn on the treadmill, they must not have shoelaces that may make contact with the treadmill.
  • Always have patients walk, jog, or run in the middle of the treadmill floor to avoid foot contact with the treadmill side and back stainless steel cover plate.

3500 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.
  1. 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 14’ long X 6’ wide X 6” deep tank wall panel are required. The treadmill platform cannot be turned on its side and must remain flat from the unloading location to being lowered into the pool.
    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.
  1. Phase 2 – Installation 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, 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 pool 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.
  1. 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 HydroWorx 3500
  •  12’ x 16’ pool shell
  • Variable speed underwater treadmill
  • Two fully adjustable resistance jets with attachable 5′ massage hose
  • Underwater cameras & video monitoring system
  • Removable stainless steel treadmill support bars
  • Side wall support bars
  • Multiple water depth
  • Interior step access
  • Stairway handrail
  • Commercial filtration and circulation system
  • In-line brominator
  • 30 kW electric heater providing variable water temperature
  • Project design support
  • Startup and in-service training
  • Phase II installation
  • In-ground installation only – deep well and wall extensions cannot be purchased together
Standard Features HydroWorx 3500i
  •  12’ x 16’ pool shell
  • Variable speed underwater treadmill
  • Two Fully adjustable resistance jets with attachable 5′ massage hose
  • Underwater cameras & video monitoring system
  • Hand-held remote control
  • Computer documentation and software package
  • Removable stainless steel treadmill support bars
  • Side wall support bars
  • Multiple water depth
  • Interior step access
  • Stairway handrail
  • Commercial filtration and circulation system
  • In-line brominator
  • 30 kW electric heater providing variable water temperature
  • Project design support
  • Startup and in-service training
  • Phase II installation
  • In-ground installation only – deep well and wall extensions cannot be purchased together – variable water depth and automatic water leveling options are not available to be purchased together

*All quotes are valid for 30 days.

 

3500 Series Extended Warranty Plans

3500 Series Standard Plan
  • One (1) Scheduled Planned Preventative Maintenance Visit
  • All Repairs and Emergency Labor Covered for Parts Listed in Section One (1)

The 3500 Series Standard Plan covers the majority of components that may experience significant wear during normal use and includes one (1) annual planned maintenance visit to increase the longevity and performance of the HydroWorx 3500 Series pool. Non-emergency service will be performed during normal working hours only. Emergency service on parts listed will not be billed (see Service Terms & Conditions for details.)

Section 1 – HydroWorx will repair or replace any of the following parts which may become defective due to normal use or wear under this agreement:

Controls
  • Relays
  • Contactors
  • Breakers (Except GFCI)
  • PLC Cards
  • Adjustable Water Depth Sensors
  • Pendant Control
Treadmill System
  • Graphite Bearings
  • Polychain Drive Belt
  • Rollers
  • Treadmill Motor
  • Split rings
  • Treadmill Belt
Plumbing/Filter System
  • HydroWorx Inlet / Outlet Fittings
  • Skimmer
  • Brominator
  • Pumps and Motors
  • Filter Casing
  • Electric Heater
  • Filter Cartridge***
Other
  • Window Seals
  • Shaft Seal
  • Nuts and Bolts

 

Section 2 – During the Planned Maintenance, a HydroWorx technician(s) will inspect, test, adjust, and lubricate the following parts under this agreement:

Controls
  • Relays
  • Contactors
  • Breakers
  • PLC Cards
  • GFCI Breaker
  • Computer
  • Software
  • Pendant Control
  • Remote Control
Treadmill System
  • Graphite Bearings
  • Polychain Drive Belt
  • Treadmill Belt
  • Rollers
  • Treadmill Motor
  • Split rings
  • Adjusters
Plumbing/Filter System
  • HydroWorx Inlet / Outlet Fittings
  • Skimmer
  • Brominator
  • Pumps and Motors
  • Filter Casing
  • Resistance Jet Housings
  • Heater
  • Chemical Controllers & Sensors
Other
  • Window Seals
  • Shaft Seal
  • Nuts and Bolts

 

Section 3 – HydroWorx technician(s) will clean the following items during the planned maintenance visit:

Pool Shell
  • Walls
  • Floor of pool
Treadmill
  • Treadmill belt surface
Stainless Steel
  • Treadmill Coverplate
  • Handrails
Windows
  • Front
  • Side

 

3500 Series Worx Plan

  • Two (2) Scheduled Planned Preventative Maintenance Visits
  • All Repairs and Emergency Labor Covered for Parts Listed in Section One (1)

The 3500 Series Worx Plan covers the majority of components that may experience significant wear during normal use and includes two (2) annual planned maintenance visits to increase the longevity and performance of the HydroWorx 3500 Series pool. Non-emergency service will be performed during normal working hours only. Emergency service on parts listed will not be billed (see Service Terms & Conditions for details.)

 

Section 1 – HydroWorx will repair or replace any of the following parts which may become defective due to normal use or wear under this agreement:

Controls
  • Relays
  • Contactors
  • Breakers (Except GFCI)
  • PLC Cards
  • Adjustable Water Depth Sensors
  • Pendant Control
Treadmill System
  • Graphite Bearings
  • Polychain Drive Belt
  • Rollers
  • Treadmill Motor
  • Split rings
  • Treadmill Belt
Plumbing/Filter System
  • HydroWorx Inlet / Outlet Fittings
  • Skimmer
  • Brominator
  • Pumps and Motors
  • Filter Casing
  • Electric Heater
  • Filter Cartridge***
Other
  • Window Seals
  • Shaft Seal
  • Nuts and Bolts

 

Section 2 – During the Planned Maintenance, a HydroWorx technician(s) will inspect, test, adjust, and lubricate the following parts under this agreement:

Controls
  • Relays
  • Contactors
  • Breakers
  • PLC Cards
  • GFCI Breaker
  • Computer
  • Software
  • Pendant Control
  • Remote Control
Treadmill System
  • Graphite Bearings
  • Polychain Drive Belt
  • Treadmill Belt
  • Rollers
  • Treadmill Motor
  • Split rings
  • Adjusters
Plumbing/Filter System
  • HydroWorx Inlet / Outlet Fittings
  • Skimmer
  • Brominator
  • Pumps and Motors
  • Filter Casing
  • Resistance Jet Housings
  • Heater
  • Chemical Controllers & Sensors
Other
  • Window Seals
  • Shaft Seal
  • Nuts and Bolts

 

Section 3 – HydroWorx technician(s) will clean the following items during the planned maintenance visit:

Pool Shell
  • Walls
  • Floor of pool
Treadmill
  • Treadmill belt surface
Stainless Steel
  • Treadmill Coverplate
  • Handrails
Windows
  • Front
  • Side

 

3500 Series Premium Plan

The 3500 Series Standard Plan covers the majority of components that may experience significant wear during normal use and includes three (3) annual planned maintenance visits to increase the longevity and performance of the HydroWorx 3500 Series pool. Non-emergency service will be performed during normal working hours only. Emergency service on parts listed will not be billed (see Service Terms & Conditions for details.)

Section 1 – HydroWorx will repair or replace any of the following parts which may become defective due to normal use or wear under this agreement:

Controls
  • Relays
  • Contactors
  • Breakers (Except GFCI)
  • PLC Cards
  • Adjustable Water Depth Sensors
  • Pendant Control

 

Treadmill System
  • Graphite Bearings
  • Polychain Drive Belt
  • Rollers
  • Treadmill Motor
  • Split rings
  • Treadmill Belt
Plumbing/Filter System
  • HydroWorx Inlet / Outlet Fittings
  • Skimmer
  • Brominator
  • Pumps and Motors
  • Filter Casing
  • Electric Heater
  • Filter Cartridge***
Other
  • Window Seals
  • Shaft Seal
  • Nuts and Bolts

 

Section 2 – During the Planned Maintenance, a HydroWorx technician(s) will inspect, test, adjust, and lubricate the following parts under this agreement:

Controls
  • Relays
  • Contactors
  • Breakers
  • PLC Cards
  • GFCI Breaker
  • Computer
  • Software
  • Pendant Control
  • Remote Control
Treadmill System
  • Graphite Bearings
  • Polychain Drive Belt
  • Treadmill Belt
  • Rollers
  • Treadmill Motor
  • Split rings
  • Adjusters
Plumbing/Filter System
  • HydroWorx Inlet / Outlet Fittings
  • Skimmer
  • Brominator
  • Pumps and Motors
  • Filter Casing
  • Resistance Jet Housings
  • Heater
  • Chemical Controllers & Sensors

 

Other
  • Window Seals
  • Shaft Seal
  • Nuts and Bolts


Section 3 – HydroWorx technician(s) will clean the following items during the planned maintenance visit:  

Pool Shell
  • Walls
  • Floor of pool
Treadmill
  • Treadmill belt surface
Stainless Steel
  • Treadmill Coverplate
  • Handrails
Windows
  • Front
  • Side

 

Service Terms & Conditions

During the life of this agreement, HydroWorx International, Inc. will provide dependable, prompt customer assistance twenty four (24) hours/day, seven (7) days a week, three hundred sixty five (365) days a year.  Our customer service department can be reached by calling 1-800-753-9633.  HydroWorx representatives are available Monday, through Friday from 8:00 a.m. to 5:00 p.m. E.S.T.  Paging service is available after hours by calling 1-800-273-9633 and staying on the line to request a service department page with our after hours phone service.

Emergency service constitutes SERIOUS POOL LEAKS, INOPERABLE TREADMILL SYSTEMS or DANGEROUS SITUATIONS.  It is our goal to handle emergency service situations as quickly as possible.

All other regular service, including Planned Maintenance, will be performed during normal working hours, Tuesday, Wednesday, or Thursday, 8:00 a.m. to 5:00 p.m.  Planned Maintenance appointments will be scheduled in advance by the HydroWorx Service Department.  Customers will receive a written report detailing the condition and efficiency of their HydroWorx system at the conclusion of the Planned Maintenance.

  1. This agreement does not extend the original five year warranty for the pool shell or any other parts / components.
    • ***One filter cartridge is included in the price of this agreement.  It will be sent directly to the customer upon receipt of payment for the agreement.
  2. This agreement does not cover parts or labor nor secondary or con­sequen­tial damages when failure is due to but not limited to the following:
    • Improper water chemistry maintenance
    • Irregular or lack of filter and pump strainer basket cleaning
    • Failure to follow recommended daily, weekly and monthly maintenance schedules.
    • Failure of customer to maintain proper water level or pressure.
    • Frozen water lines.
    • Blown fuses or circuit breakers
    • Inadequate pool room or mechanical pit ventilation.
    • Lack of full preventive maintenance on the pool
    • Power interruption, wars, acts of God, accidents, fire damage, flooding or other water damage, government regulations, strikes, riots, or other conditions beyond the control of HydroWorx.
    • Vacant or unattended premises.
    • Any foreign objects dropped, trapped, or causing damage to any pool component(s).
  3. This agreement will be void if:
    • Customer does not properly maintain the pool in accordance with the recommended guidelines on daily, weekly and monthly basis.
    • Customer procures service or installation from anyone other than HydroWorx. In the event of cancellation, no refunds will be made on any fraction of the year for any unused portion of the contract.
  4. Delinquent accounts may result in automatic termination. Failure to keep balance current may also result in cancellation unless arrangements are made with our credit manager.
  5. There shall be no liability on the part of HydroWorx for work done by anyone else unless such person is authorized in writing by us to perform such work or furnish such parts.
  6. Customer and HydroWorx agree that there are no promises, terms, conditions or obligations between the parties which are not already contained in this contract. Statements made by HydroWorx Company personnel which are not contained in this contract have not been relied upon by customer and are not party to this contract.
  7. This contract does not insure against pool leakage or any damages to persons or to property resulting from pool leakage or overfill conditions. Hydroworx will not be responsible for any injury or damage resulting from the disposal, discharge, dispersal, release or escape of pool water or water chemistry chemicals into or upon the customer’s property, surrounding property, the atmosphere, or any water course or body of water.  Customer shall be responsible for the condition and maintenance of the pool, and for compliance with all laws requiring notice to government agencies or officials in the event of a leak from said pool.
  8. The length of this agreement is one year from date of acceptance. If the customer moves, this contract may be assigned to the new owner providing the new owner agrees in writing to assume the terms of this contract, all customer’s outstanding bills are paid, and customer gives HydroWorx written notice at least ten (10) days before closing.
  9. A system inspection may be required before customer is accepted for service plan coverage. If inspection shows that the system is in unacceptable condition, it must be repaired or replaced before customer will be accepted for coverage.  HydroWorx reserves the right to reject, at any time, any equipment from coverage should we find it to be unacceptable.
  10. Payment terms: Full payment is due upon signing the agreement to commence planned maintenance and/or service activities.  All amounts and payments made are US Dollars.  All contracts are final with no refunds granted and are subject to Pennsylvania law.  Sales tax may be required under state law and if required, would be collectible retroactively.
  11. Customer agrees to have pool drained prior to HydroWorx technician’s arrival. Additional service charge could apply for pools not prepared for maintenance.