For Vinyl, Concrete, and Fiberglass Pool Projects
Important: This document is intended to be used together with the signed proposal, approved drawings, approved estimate schedule, equipment selections, manufacturer documents, and any written change orders. Where a manufacturer warranty applies, coverage is limited to the manufacturer’s terms, exclusions, and claim procedures.
1. Agreement and Contract Documents
The signed contract, together with the approved proposal, estimate schedule, drawings, selected options, manufacturer documents, written change orders, and this Master Limited Warranty and Conditions document, forms the entire agreement between the Owner and Mayascapes Pools. It replaces all prior verbal, text, and email discussions. Only authorized representatives of Mayascapes Pools may approve or change the agreement. Unless another responsible party is identified in writing at the time of signing, the person signing the contract is the responsible party under the agreement.
2. Permits, Surveys, Engineering, and Excluded Soft Costs
Unless expressly listed as included in writing, the contract price does not include permit fees, municipal fees, conservation fees, grading deposits, curb or sidewalk deposits, inspection deposits, permit renewals, or similar authority charges.
By signing the contract, the Owner authorizes the Contractor to apply for permits on the Owner’s behalf where required; however, all related fees and deposits remain the Owner’s responsibility.
Unless expressly included in writing, the following are excluded:
- property surveys and updated surveys
- arborist reports and tree protection review costs
- BCIN, forestry, engineering, geotechnical, environmental, structural, and soil testing services
- fencing and pool enclosure compliance work required by applicable by-laws
3. Scope of Work and Included Items
The Contractor shall perform only the work expressly described in the approved proposal and estimate schedule. No work, service, allowance, model, or upgrade is included unless marked as included in writing.
Final inclusion status, pricing, model numbers, quantities, colours, finishes, and allowances are governed by the final approved estimate schedule for the selected pool type and any approved change orders.
- 3.1. Vinyl Pool Scope
Where a vinyl pool is selected, the scope may include excavation, vinyl pool wall and support system installation, plumbing, safety cover, skimmer(s), return(s), suction point(s), floor preparation, and related installation items only to the extent listed in the approved proposal. Concrete hard-bottom, soft-bottom, coping, in-pool steps, liner track colours, skimmer and return colours, step upgrades, and related accessories are included only if specifically selected and approved in writing.
- 3.2. Concrete Pool Scope
Where a concrete pool is selected, the scope may include permit administration where authorized, excavation, rigid PVC plumbing, skimmer(s), return inlets, floor suction ports, hydrostatic relief provisions, automatic chemical feeder, selected equipment package, heater where selected, lighting, equipment pad, under-drain and dewatering provisions, winter cover, maintenance equipment, and water feature supply line rough-ins only to the extent itemized in the approved proposal.
Concrete pools may also include a reinforced shotcrete or concrete shell with rebar placement and compressive strength as specified in the approved engineering or proposal notes, together with the selected interior finish installed to manufacturer standards.
- 3.3. Fiberglass Pool Scope
Where a fiberglass pool is selected, the scope may include shell supply and placement, crane installation where required, excavation, leveling, plumbing tie-ins, commissioning, and related installation items only to the extent marked included in the approved proposal.
Shell model, dimensions, colour, benches, tanning ledges, integrated step configurations, equipment selections, and accessory colours must match the final approved manufacturer specification sheet and estimate schedule.
Where marked included, the fiberglass scope may also include permit administration, skimmer, inlets, suction ports, sanitization equipment, filter, pump, heater, lighting, equipment pad, maintenance equipment, water feature supply line, hard-bottom or shell-support system, and winter cover or safety cover items.
- 3.4. Optional Add-Ons
Optional upgrades, allowances, and add-ons remain excluded unless marked INCLUDED in the final signed scope of work.
4. Additional Exclusions Unless Specifically Included
Unless specifically included in writing, the following are excluded:
- air-conditioner removal, relocation, or protection
- landscape repair, restoration, sodding, and reinstatement beyond the listed scope
- electrical services, including panel supply, trenching, bonding, connections at equipment, panel upgrades, permits, inspections, renewals, and associated restoration
- gas services, including gas line supply, trenching, permits, inspections, and final equipment connections
- water costs for filling the pool
- additional work arising from unforeseen obstructions, groundwater, unstable soils, restricted access, utility conflicts, imported fill, stump grinding, tree removal, or re-routing services
5. Site Access, Parking, Utilities, and Work Site Safety
The Owner shall provide the Contractor, its employees, agents, and equipment with unrestricted and unhindered access to the work site, including adequate parking and delivery access.
All water, hydro, tree hoarding, and gas costs required for construction, filling, service, winterizing, warranty work, or site use are the Owner’s responsibility unless otherwise stated in writing.
The work area is an active construction site. The Owner must keep children, pets, invitees, and unauthorized persons out of the work zone and must maintain any owner-controlled fencing or barriers in safe condition.
6. Payment, Completion, Extras, and Change Orders
The contract is deemed complete when the work, materials, and equipment have been substantially performed and supplied by the Contractor.
Progress draws are due upon receipt, subject only to any statutory holdback required by law. Final payment is due upon substantial completion or as otherwise set out in the approved schedule. Warranty coverage does not commence until all outstanding amounts are paid in full.
Withholding payment may suspend work and may reduce or suspend warranty coverage for the period of non-payment.
Any extras requested by the Owner, or made necessary by unforeseen conditions including groundwater, cave-ins, rock, underground obstructions, water seepage, unstable soils, utility conflicts, imported fill, stump grinding, tree removal, or service rerouting, are chargeable extras plus administration.
All changes must be approved in writing by both parties. A restocking charge of up to 25% may apply to cancelled items or cancelled work. Third-party meetings or consultation during installation may be billed hourly.
7. Standard Payment Schedule
Unless a different signed estimate governs, payment shall be made as follows:
Pool payment schedule
| On Acceptance of Contract: | 10% |
| Pre – Excavation of pool | 30% |
| Pre – Installation and placement of pool | 40% |
| Pre – Installation of equipment | 15% |
| On Delivery of Maintenance Equipment & Client Orientation | 5% |
Landscaping payment schedule
- 10% on acceptance of contract
- 30% prior to excavation
- 30% prior to delivery of materials
- 30% upon completion
Where milestone percentages or payment stages differ between signed proposals, the approved estimate for the selected scope shall govern. All pricing is in Canadian dollars and subject to HST.
8. Restoration, Access Damage, Storage, and Security
The Contractor will leave the site in as presentable a condition as is reasonable given the nature of the work.
Unless specifically listed as included, grading, backfilling, imported fill, lawn repair, yard restoration, driveway or walkway restoration, irrigation repair, interlock reinstatement, and landscape reinstatement are excluded.
Heavy machinery may be required. Except to the extent caused by proven negligence, the Contractor is not responsible for damage to driveways, patios, walkways, lawns, planting beds, irrigation, curbs, septic systems, or other site features used to perform the work.
Materials and equipment delivered to or stored on the Owner’s property are at the Owner’s risk for theft, vandalism, and damage and shall be secured by the Owner.
9. Construction Standards and General Workmanship Warranty
All work shall comply with the Contractor’s methods, applicable industry practice, and manufacturer requirements. Pool dimensions, depths, layout, and finish appearance are subject to reasonable construction tolerances.
The Contractor may substitute comparable equipment models based on availability and performance.
Provided the Owner exercises due care in maintaining the pool and its operation, the Contractor provides a two-year limited warranty from installation, except where a longer or different period is expressly stated below.
This workmanship warranty is void or suspended if:
- payment terms are not met
- required seasonal service is not maintained where such service is a condition of coverage
- the Owner uses unqualified or unauthorized service providers
- the Owner or a third party performs corrective work without the Contractor’s written approval
10. Seasonal Service, Winterizing, and Warranty Continuity
Pool winterizing and summerizing during construction may be charged as extras unless revised in writing.
Where stated below, continued warranty coverage requires the pool, underground plumbing, or related systems to be winterized by Mayascapes Pools.
All warranty and repair work necessary to preserve Contractor-issued warranties must be initiated and completed by the Contractor. If the Owner or another contractor performs corrective work without written approval, Contractor-issued warranties may be null and void.
The pool industry is seasonal. Preferred openings and closings should be booked three to four weeks in advance. Service requests are prioritized by request date, severity, safety concerns, and routing. Service windows are estimates only and may be affected by weather, emergency calls, staffing, parts availability, and seasonal demand.
11. Owner Maintenance and Hydrostatic Responsibility
The Owner must:
- maintain proper water chemistry and keep water test records where required for warranty claims
- maintain proper water level at all times
- safely add chemicals
- clean skimmer and pump baskets
- clean filters
- clean the salt cell annually
- service the heater seasonally where required
- monitor the sump pit and groundwater relief system throughout the year
Failure to maintain groundwater control may result in hydrostatic pressure, lifting, shifting, cracking, liner floating, shell movement, structural movement, or related damage, none of which is covered unless expressly stated otherwise in writing.
12. Draining of Pool and Environmental Handling
Due to unpredictable hydraulic and hydrostatic conditions, the Contractor is not responsible for damage resulting from draining the pool in whole or in part.
The Owner assumes liability for personal injury, property damage, structural damage, and municipal or environmental compliance issues arising from a drained pool or the discharge of treated water.
Additional costs may apply for water haulage, wastewater handling, and refilling.
13. Equipment and Manufacturer Warranty Conditions
Manufactured equipment is covered only by the applicable manufacturer warranty and claim procedure. Mayascapes Pools does not manufacture these products.
A one-year manufacturer warranty on replacement equipment generally applies to parts only, with labour extra, unless the manufacturer states otherwise.
- 13.1. Equipment Schedule
- Jandy Pump: 3-year manufacturer warranty, parts and labour. Excludes improper usage, electrical failure, power surge, improper winterization, and clogged impeller.
- Jandy Filter: 3-year manufacturer warranty, parts and labour. Excludes clogged unit due to dirty filters and pressure gauge issues.
- Jandy Heater: 3-year manufacturer warranty, parts and labour. Excludes improper chemical maintenance, lack of proof of chemical testing, gas flow issues, spider or rodent damage, and lack of seasonal servicing. Gas heater warranty work must be completed by a manufacturer-approved service contractor.
- Jandy Salt Cell: 3-year manufacturer warranty, parts and labour. Excludes improper chemical balancing, improper winterization, mishandling, and failure to clean the cell annually.
- Pro Logic Control Box: 3-year manufacturer warranty, parts and labour. Excludes electrical surges, rodent damage, and broken wires.
- Jandy Incandescent Light Bulbs: 1-season manufacturer warranty, parts and labour.
- Jandy LED ColorLogic Lights: 3-year manufacturer warranty on parts only. Excludes improper winterization, physical damage, and electrical surges. Light replacement labour does not include covered deck boxes such as flagstone or brick.
- Jandy Light Transformer: 3-year manufacturer warranty, parts and labour.
14. Common Feature Coverage
Unless otherwise stated in the approved proposal or manufacturer documents:
- Stone Coping: 5-year Mayascapes warranty on coping remaining in place, parts and labour. Sand and mortar joints are warranted for 1 year. Excludes staining, frost damage, impact damage, and acts of God.
- In-Pool Thermoplastic Steps: 25-year manufacturer limited warranty, with 1 year manufacturer coverage on the acrylic surface against splitting, cracking, blistering, or tearing, parts only. Excludes staining, discoloration, impact damage, and failure to maintain proper water level.
- Sheer Descent Waterfall / Sheer Fixture: 1-year manufacturer warranty on parts only. Underground plumbing associated with the feature is covered only where the applicable underground plumbing warranty remains in force. Frost heaving is not covered.
- Rock Waterfall: Natural product; no warranty.
- Spas: 1-year manufacturer warranty on acrylic shell, parts only, against splitting, cracking, or blistering, plus any stated 5-year limited manufacturer defect coverage where applicable. Excludes chemical damage, impact damage, and frost heaving. Underground plumbing lines connecting spa to pool equipment may be covered where expressly stated, but plumbing and jets installed by the manufacturer are excluded.
- Spa Lights: 1-year manufacturer warranty on parts only.
- Clip-In Cover: 5-year manufacturer warranty, generally limited to seams or stitches. Excludes rips, stains, rodent damage, heavy snow, ice, and acts of God.
- Safety Cover: Limited manufacturer warranty; see applicable manufacturer warranty card.
- Spa Covers: 2-year manufacturer warranty on parts only. Excludes ripping, stains, and water in the cover or foam.
- Auto Covers: 20-year manufacturer warranty; see applicable Coverstar warranty for exclusions.
15. Pool-Type-Specific Structural and Finish Coverage
- 15.1. Vinyl Pools
- Underground Plumbing: Lifetime warranty, provided Mayascapes Pools winterizes the pool annually. Excludes rodent damage, termites, external damage to pipes, digging or puncture damage, and clogged lines.
- Plumbing on Equipment Pad: 3-year warranty, only if Mayascapes Pools winterizes the pool annually. Excludes damaged pressure gauges and worn seals or gaskets.
- Pool Structure: Lifetime warranty on the structure of the pool, provided Mayascapes Pools winterizes the pool annually. Excludes external damage, acts of God including windstorms or unstable or shifting ground, chemical damage, and failure to maintain proper water level.
- Pool Liner: As per applicable PoolWerx manufacturer and installation warranty. Excludes tears, wrinkling or floating caused by groundwater, hydrostatic pressure, ground water damage, chemical damage, staining, failure to maintain the sump well, acts of God, and falling branches.
- Vinyl liner wrinkling or movement caused by groundwater, hydrostatic pressure, chemical imbalance, improper water chemistry maintenance, or drainage conditions is not covered.
- Visible seams are a normal characteristic of vinyl liner installations and are not defects.
- Damage caused by sharp objects, toys, incompatible pool cleaners, wheeled vacuums, pets, animals, or ice is not covered.
- 15.2. Concrete Pools
- Concrete Pool Structure: 5-year Contractor limited warranty against structural defects from substantial completion, including qualifying delamination and bond failure where applicable under the written proposal.
- Interior Finish and Surface Conditions: Finish-related rights depend on strict compliance with start-up, curing, balancing, brushing, and water chemistry requirements. Recommended chemistry targets include LSI at 0 ± 0.3, alkalinity 80–120 ppm, pH 7.2–7.8, calcium hardness 200–400 ppm, stabilizer 30–50 ppm, and TDS under 1,500 ppm, or as otherwise directed by the finish manufacturer.
- Normal shading, mottling, marbling, hydration effects, colour variation, scaling, staining, etching, wear, deterioration, shrinkage checking, craze cracking, efflorescence, and minor surface irregularities caused by ordinary use, environmental conditions, maintenance practices, or chemistry imbalance are not defects unless expressly covered in writing.
- Frost damage, hydrostatic pressure, groundwater issues, shifting ground, expansive soil, earth movement, drainage failure, improper maintenance, chemical abuse, external impact, third-party alterations, and failure to maintain proper water level are not covered.
- Repairs, patching, crack repair, or replacement work to concrete, plaster, marblelite, tile, coping, stone, or finish surfaces are not guaranteed to match the original colour, texture, tone, sheen, or appearance exactly.
- Concrete Pool Plumbing: Underground plumbing and plumbing lines associated with concrete pools are covered only to the extent expressly stated in the approved proposal, estimate schedule, or written warranty framework for the concrete scope. Plumbing on the equipment pad remains subject to the 3-year seasonal-service condition above where applicable.
- 15.3. Fiberglass Pools
- Fiberglass pool coverage is subject to full payment, approved selections, manufacturer documents, and required seasonal maintenance obligations.
- Shell model, dimensions, colour, benches, tanning ledges, integrated step configurations, and related shell features are governed by the final approved manufacturer specification sheet and estimate schedule.
- Installation Workmanship: Covered by the general one-year limited workmanship warranty above.
- Structural / Shell Coverage: Any shell or structure-specific warranty applicable to the fiberglass pool shall be governed by the approved proposal and applicable manufacturer documents.
- Underground Plumbing: Where the approved fiberglass proposal provides underground plumbing coverage, continued coverage is subject to any stated seasonal winterization requirement and the exclusions for external damage, puncture, digging damage, pests, rodents, termites, clogs, and third-party damage.
- Fiberglass shell movement, lifting, cracking, shifting, or related damage caused by hydrostatic pressure, groundwater, unstable or shifting soil, improper drainage, chemical abuse, external impact, improper maintenance, or failure to maintain proper water level is not covered unless expressly stated otherwise in writing.
16. Material Approval, Non-Transferability, and Final Conditions
The Owner is responsible for reviewing and approving all materials before signing the contract. Once approved, selections become binding. Later changes to materials, colours, models, or scope are subject to additional cost.
All warranties are non-transferable without the Contractor’s written consent.
There are no warranties, express or implied, beyond those specifically described in the agreement, this document, and applicable manufacturer documents.
In the event of repair, replacement, refinishing, or patching, the warranty applicable to the repaired area does not restart or extend beyond the original expiry date. Repaired areas may differ in colour, tone, texture, sheen, or finish from the original installation.
The Contractor does not recommend and accepts no responsibility for diving or slide apparatus unless specifically supplied and warranted in writing.
17. Insurance, Photography, Taxes, and Governing Law
The Contractor maintains liability insurance in the amount of $5,000,000.
The Contractor may photograph the site and project at any stage of construction for internal records, warranty administration, or promotional use.
Applicable taxes shall be added as required by law.
This agreement shall be governed by the laws of Ontario and the applicable laws of Canada. The courts of Ontario shall have exclusive jurisdiction. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
18. Acceptance Period and Cancellation
Contract pricing and conditions are generally based on acceptance within 30 days unless otherwise stated. Cancellation, regulatory failure, or post-approval changes may result in deductions, administration charges, restocking charges, or cancellation fees as provided in the contract