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THRIVE Product Limited Warranty and Installation Terms & Conditions

Table of Contents

THRIVE Product Limited Warranty

THRIVE Usage Guidelines and Warnings

THRIVE Product Installation Terms And Conditions of Sale

Damages

 THRIVE 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 THRIVE Plunge 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 jet system, 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, chiller, filter housing, and pump)
  • SpaJet system
  • Control System
  • LED Light
Five (5) Years
  • Acrylic tub and frame

*Proper maintenance 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 Owner’sManual and Design and Installation Guide, (IV) the presence of debris or silt in the product, (V) the failure to maintain water cleanliness and chemistry, accordance with the recommendations of recirculation 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.

Any modification to the as-delivered and installed unit that is not made by the factory or factory authorized personnel shall be interpreted as an unauthorized modification. Any unauthorized modification that is not reviewed and approved by HydroWorx prior to making such modification of the unit or any other device sold by or through HydroWorx shall release HydroWorx of any and all liability for personal injury or property damage relating to or arising from use with the modified product. Any modification to a HydroWorx product not approved by HydroWorx shall void any and all warranty of the product.The unit must be installed in accordance with the THRIVEDesign & Installation Guide. Any variance not approved by HydroWorx may result in a voided warranty.

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THRIVE Usage Guidelines and Warnings

  • Risk of Injury
    • Replace damaged power cord immediately.
    • Do not bury power cord.
    • Connect to a grounded, grounding type receptacle only.
  • Risk of Accidental Drowning. Extreme caution must be exercised to prevent unauthorized access by children. To avoid accidents, ensure that children cannot use this spa unless they are supervised at all times.
  • Risk of Injury. The suction fittings in this unit are sized to match the specific water flow created by the pump. Should the need arise to replace the suction fittings or the pump, be sure that the flow rates are compatible. Never operate the unit if the suction fittings are broken or missing. Never replace a suction fitting with one rated less than the flow rate marked on the original suction fitting.
  • Risk of Electric Shock. Install at least 5 feet from all metal surfaces. As an alternative, the unit may be installed within 5 feet of metal surfaces if each metal surface is permanently connected by a minimum 8AWG solid copper conductor to the wire connector on the terminal box that is provided for this purpose.
  • Risk of Electric Shock. Do not permit any electrical appliance, such as a light, telephone, radio, or television, within5 feet of the unit.
  • To reduce the risk of injury
    • The water in the unit should never exceed 104°F. Water temperatures between 100°F and 104°F are considered safe for a healthy adult. Lower water temperatures are recommended for young children and when use exceeds 10 minutes.
    • Since excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy ,pregnant or possibly pregnant women should limit the water temperature to 100°F.
    • Before entering the unit, the user should measure the water temperature since the tolerance of water temperature-regulating devices varies.
    • The use of alcohol, drugs, or medication before or during use of the unit may lead to unconsciousness with the possibility of drowning.
    • Obese persons and persons with a history of heart disease, low or high blood pressure, circulatory system problems, or diabetes should consult a physician before entering the unit.
    • Persons using medication should consult a physician before using the unit since some medication may induce drowsiness while other medication may affect heart rate, blood pressure, and circulation.▪
  • REDUCE THE RISK OF ELECTROCUTION
    • Be sure spa is protected by a ground fault interrupter breaker and test prior to each use.
  • REDUCE THE RISK OF CHILD DROWNING
    • To reduce the risk of injury, do not permit children to use this product unless they are closely supervised at all times.
    • Attach spa cover after each use.
  • REDUCE THE RISK OF HYPOTHERMIA
    • Caution should be used with cold water temperatures due to the potential of hypothermia (body temperaturebelow 95⁰).
    • Hypothermia can lead to unconsciousness, confusion or memory loss, and impaired motor skills.
    • Check with a doctor before use if pregnant, diabetic, in poor health, or under medical care.
    • Exit immediately if uncomfortable, dizzy, or sleepy.
  • User’s shall always havesupervision from a qualified aquatic therapy practitioner or exercise specialist(therapist).
  • If the user begins to feel unwell while using the unit it is important to exit the unit immediately.
  • Unauthorized service, repair, or replacement of parts may void your warranty and may damage the unit or injure the user or therapist.
  • Maintain proper water chemistry. Improper water chemistry may cause skin and eye irritation as well as damage to the unit.

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THRIVE 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.

Customer/Customer’s Representative/Customer’s Contractor Responsibilities: For detailed instructions reference the product specific HydroWorx Design and Installation Guide:

    1. Complete installation of the HydroWorx Thrive Series Pool.
    2. Incorporating HydroWorx design requirements into their architectural, structural, mechanical, electrical and plumbing drawings. These site specific drawings shall be provided to HydroWorx for (2) two rounds of revisions and comments.
    3. Preparing the site to adhere to the most recent HydroWorx’s installation and design requirements. Any aspect of the pool room or equipment substitution that does not comply with HydroWorx standard installation and design requirements, must be approved by HydroWorx.
    4. All electrical work. 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. Panel manufacturer’s installation diagrams must be followed and installation documentation must be filled out and returned as noted. This work must be 100% complete to coordinate with the General Contractor’s startup requirement for the pool.
    5. Performing all required masonry work and/or structural work.
      Ensuring that the site conditions and any other needed subcontractors, designers, engineers etc. required during the installation process adheres to the most recent HydroWorx installation and design requirements.
      Regardless of the timing of the pool delivery, a clear access path must be provided from the unloading location to inside the pool room with turning clearances that can accommodate the pool size indicated on this order form.
      Performing the equipment start up and warranty activation.
    6. Cleaning the pool shell and all pool tiles with a non-abrasive cleaner and non-abrasive cloth before starting up the pool.
    7. Completing 100% of the HydroWorx startup checklist and warranty activation forms and submitting them to HydroWorx project management team 14 days before the scheduling of the customer in-service training. The pools must be left up and running and the water quality maintained daily by a certified pool operator.
    8. Securing a certified pool operator to maintain the pool’s water chemistry to ensure there is no staining of the pool shell or damage to the pool equipment due to unbalanced water.
    9. If an installation visit is required to assist with the written installation requirements, then HydroWorx will provide an estimate of time and materials. The additional expenses will include travel, labor, lodging and meals and the installation labor rate will be $250 per hour. Payment for this trip shall be made in advance of departure by the HydroWorx technician(s) via wire transfer or overnight check payment.
    10. In-service training (product introduction/protocols) will take place following the installation completion and will be coordinated according to a mutually agreeable schedule between the customer and the HydroWorx sales representative.
Standard Features THRIVE
  • Pre-plumbed spa jets
  • In-line erosion feeder
  • 1kW electric heater
  • Air cooled chiller
  • Plunge cover
  • 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.