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Swimming Pool and Spa Warranty

                   Modern West, Inc. guaranties and warrants that any and all pool and/or spa  

                        facilities and appurtenances thereto will be free from defects in material and 

                        workmanship and that such pool facilities, including plumbing, skimmers and 

                        drains in, under, and around the pool and spa,  will remain structurally sound for  

                        the life of the pool and/or spa.  As used herein, the phrase “remain structurally 

                        sound” shall mean that:

            1.  Modern West, Inc. guarantees and warrants the heating, lighting, auto-

chlorination, auto-filler, filtration, skimming, pumping, and other systems 

and the outdoor and indoor control system installed by Modern West, Inc. 

pursuant to the Agreement in the pool and spa shall be free from defects 

in material and workmanship for a period of one (1) year from installation 

of such systems.  As used in this section the phrase “free from defects in 

material and workmanship” shall mean that each of such systems are 

capable of performing their intended functions, including adequate heat, 

water flow, filtration, chlorination and light and that each of the waterfalls 

function properly.

                                                2.  Gemstone aggregate pool finish is covered by the manufacturer 

                                                warranty which  in essence warrants the finish to be free from defects in 

                                                material and workmanship for a period of five (5) years from installation.

3.  Specific warranties on all Pentair Pool Products shall be transferred 

directly to the customer and are included in the customer service binder 

under the Pool and Spa equipment section.

            Specifically excluded from this guaranty and warranty is any claim that the 

            plaster or aggregate finish, such as Gemstone, is discolored or staining, 

            since such plaster defects generally result from local water conditions, 

            improper use of chemicals, or lack of or improper cleaning of the pool 

            and/or spa.