Binding Agreement
This Change Order, upon execution by the Client, constitutes a legally binding contract supplement between Pool Life, LLC (dba Seaport Homes, LLC) and the Client. It is incorporated into and subject to the terms of any prior agreements between the parties. Electronic signature is accepted as a valid and enforceable signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and South Carolina's Uniform Electronic Transactions Act.
No Work Commencement
Pool Life will not commence any portion of this scope of work, order any materials, or schedule installation until payment in full has been received and cleared. Execution of this change order alone does not authorize Pool Life to begin work or procure materials.
Market Price Fluctuation
Material and hardware prices are subject to change based on market conditions, supplier availability, tariffs, and supply chain factors beyond Pool Life's control. The quoted price is valid for 10 business days from the date of execution. After this period, Pool Life reserves the right to re-price this scope prior to ordering. Client will be notified and must re-authorize any price change before Pool Life proceeds.
Material Substitution
If specified materials become unavailable due to supplier discontinuation, allocation, or lead time exceeding 30 days, Pool Life reserves the right to substitute materials of equal or greater quality and value. Client will be notified of any substitution prior to procurement.
Warranty
Hardware warranties are those provided directly by the respective manufacturers and are pass-through to the Client. Pool Life's installation workmanship is warranted for one (1) year from the date of substantial completion. Warranty does not cover damage caused by misuse, unauthorized modification, acts of nature, or failure of GC-provided rough-ins. Electronic ignition components are subject to manufacturer warranty terms; Pool Life is not the manufacturer and assumes no liability for component failure beyond the installation workmanship period.
GC Dependency
Pool Life's installation is contingent on the timely and code-compliant completion of all GC-provided rough-ins (natural gas lines, electrical runs, and permits). Pool Life is not responsible for delays caused by the Client's GC or subcontractors. If rough-ins are not completed and inspected prior to Pool Life's scheduled installation date, rescheduling fees may apply.
No Verbal Modifications
This change order may not be modified, amended, or supplemented except by a written instrument signed by both parties. No verbal agreement, text message, or email exchange shall constitute a modification to the scope, price, or terms of this document unless formalized in a signed written amendment.
Late Payment
Invoices unpaid beyond 30 days from the date of issuance are subject to a finance charge of 1.5% per month (18% annually) on the outstanding balance. Pool Life reserves the right to suspend all work on any active projects with the Client until outstanding balances are resolved.
Force Majeure
Pool Life shall not be liable for delays in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, supplier failures, material shortages, labor disputes, or acts of war. In such events, Pool Life will notify Client promptly and the parties will work in good faith to establish a revised timeline.
Dispute Resolution
In the event of a dispute arising from this change order, the parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to mediation in Greenville County, South Carolina, before any litigation is initiated. The prevailing party in any legal proceeding shall be entitled to recover reasonable attorneys' fees and costs.
Governing Law
This change order shall be governed by and construed in accordance with the laws of the State of South Carolina. Venue for any legal proceedings shall be Greenville County, South Carolina.
Entire Agreement
This document, together with any prior written agreements between the parties, constitutes the entire agreement with respect to the scope described herein and supersedes all prior negotiations, representations, or warranties, whether oral or written, not contained in this document.