Swimsmith Company

MANUFACTURER LIMITED LIFETIME WARRANTY

I.  What Is Covered

Clayton & Lambert Manufacturing Company (C&L) warrants to the original Retail Purchaser of C&L manufactured items used in the construction of a swimming pool, to the extent set forth herein, the following: (1) items of C&L's manufacture will be free from defects in materials and workmanship at the time of shipment; (2) wall panels of C&L manufacture will not corrode to perforation so long as the Original Retail Purchaser lives and owns the pool; (3) C&L will furnish the replacement part(s) for any claim approved by C&L under this lifetime limited warranty, FOB its factory, at no charge during the first year following installation or at a price equal to 5% of the then current list price of the part times the number of full years elapsed since installation, up to a maximum of 60%.

II.
What Is Not Covered

(A) This warranty is necessarily limited because C&L (1) does not manufacture, sell or install completed swimming pools (C&L manufactures components used by independent contractors who are not agents of C&L); (2) has no control over pool owners' operation and maintenance practices; (3) has no control over adverse local conditions, or acts of God.

For these reasons, this warranty does not cover failure, damage, wear or corrosion due to improper installation; improper maintenance or use; adverse ground conditions; failure to maintain the proper water level at all times; improper use of chemicals in and around the pool; abuse or misuse by owner or any third party; not using potable water; freezing, flooding, add rain, or acts of Cod; failure to follow all local building codes; site problems; or abnormal environmental conditions. For the same reasons, this warranty does not cover changes in appearance such as discoloration, blistering, peeling, chipping, rust and corrosion other than to perforation.

(B) This warranty does not cover any labor or other costs necessary to effect removal and replacement of a warranted item in a pool, or for the cost of water or chemicals lost or replaced as a result of such removal and replacement.

(C) C&L is not responsible for any incidental or consequential damages, including injury to person or property, resulting from any condition confirmed by C&L to be a valid claim under this warranty or for owner's loss of pool resulting, directly or indirectly, from such a condition.

(D) Any pool component, material, accessory or other item not of C&L's manufacture, even if supplied by C&L, is not warranted by C&L. In the event of any defect of any such equipment, purchaser's rights shall be only those provided by the manufacturer. Such items include, but are not limited to, vinyl liners, skimmers, drains, lights, steps, ladders, handrails, filters, pumps and motors.

(E) This warranty is not transferable or assignable. This warranty is enforceable only by the Original Retail Purchaser.

III.
Claim Procedure

(A) In order to claim any rights under C&L's limited warranty, the owner should: (1) contact the contractor or person from whom the pool was purchased, describe the problems and request an inspection and (2) send a letter promptly with photos and written description to C&L identifying the item of C&L's manufacture and describing its condition as well as the date of installation and by whom it was installed.

(B) Upon receipt of a properly filed and confirmed claim. C&L will inform the Original Retail Purchaser as to the disposition of the warranty claim within 30 days after either U) its receipt of the item in the stated claim at its factory or (2) at C&L's option, inspection and confirmation of the stated claim by an authorized C&L representative at the pool site. Freight charges for any materials returned to C&L must be prepaid by sender.


IV.      The foregoing warranty specifically excludes warranties of merchantability or fitness for any

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