Terms and Conditions

 

1) Agreement, Acceptance, and Communications  

These Terms and Conditions (“Terms”) govern the purchase and use of StainlessSwim DIY kits, components, and related products (collectively, the “Products”) sold by StainlessSwim (“StainlessSwim,” “Company,” “we,” “us,” “our”). By placing an order through the website, paying an invoice, or otherwise purchasing Products from StainlessSwim, the purchaser (“Customer”) confirms that these Terms have been made available, have been reviewed, and are accepted as a condition of purchase. Acceptance is confirmed by completing checkout or paying an invoice after selecting the “I have read and agree to the Terms and Conditions” checkbox (or equivalent acknowledgment), and no handwritten or electronic signature is required.

These Terms apply to the Customer’s order and the Products shipped under that order. Any descriptions, photos, FAQs, and general guidance provided on the website or in communications are provided for convenience and general information and do not change these Terms or create additional obligations unless StainlessSwim expressly agrees in writing for the specific order.

Orders, acknowledgments, notices, and updates may be provided electronically, including by email, text message, or through the website, and such electronic communications are considered adequate and effective for purposes of the transaction. The Customer is responsible for providing accurate contact and delivery information and for monitoring messages related to the order, delivery, and warranty instructions.

If any portion of these Terms is found unenforceable, the remaining Terms remain in effect.

2) Product Scope and DIY Project Responsibility

StainlessSwim Products are sold as do-it-yourself kits and components intended to be installed by the Customer or by a contractor selected and supervised by the Customer. The Products are provided as materials and parts, not as a completed or installed swimming pool, and StainlessSwim does not provide on-site installation, construction supervision, engineering services, or jobsite inspection unless expressly agreed in writing.

Each order includes the components shown in the Customer’s selected package and options as presented at checkout and/or on the final invoice. Certain components may be supplied with updated packaging, minor finish variations, or manufacturer documentation. Such variations do not affect the intended use of the Product and are not, by themselves, considered defects.

The Customer is responsible for determining that the project is suitable for the intended location and use. This includes, without limitation, responsibility for site selection, excavation (if any), base and leveling work, drainage and water management, backfill or soil contact conditions (if any), and any surrounding construction such as pads, platforms, decks, retaining structures, or enclosures. The Customer is also responsible for obtaining and complying with any applicable permits, approvals, building or electrical requirements, zoning rules, HOA requirements, fencing and barrier requirements, and other laws or safety standards that may apply to pool ownership and installation.

Plumbing connections, electrical work, bonding/grounding, and any other trade work must be performed in accordance with applicable codes and manufacturer instructions and are the responsibility of the Customer and the Customer’s chosen professionals. StainlessSwim is not responsible for workmanship, materials, or performance of third-party contractors, service providers, freight carriers, or any other parties engaged by the Customer.

3) Ordering, Payment, Changes, Cancellations, and Returns

Orders are accepted only after payment is received in full through the website checkout or by invoice payment. The final order details are the items and options selected at checkout and/or shown on the paid invoice for the Customer’s order. The Customer is responsible for confirming kit size, options, and shipping information before completing purchase.

Product dimensions, model names, and listed sizes are approximate and may be nominal descriptions. Due to the custom nature of the Products, manufacturing methods, corrugating/forming processes, and material availability, actual component dimensions may vary. For the 4 ft depth model, actual wall panel height may vary by up to approximately three (3) inches. For custom-height models, including 52 in and 60 in options, actual wall panel height may vary by approximately two to three (2–3) inches. Such variation is expected and is not, by itself, considered a manufacturing defect, incorrect manufacture, or basis for cancellation, refund, replacement, or warranty claim, provided the Product remains suitable for its intended use.

Once an order is placed and paid, StainlessSwim begins processing and preparing the order for shipment. Requests to change an order must be submitted promptly in writing and may not be possible once processing has begun or once components have been allocated, packaged, or scheduled for freight pickup. If a change is approved, the Customer is responsible for any difference in price, taxes, and shipping costs that result from the change.

Cancellations requested before the Customer is notified that the order is ready to ship may be accepted. In that case, StainlessSwim will process a refund minus a 5% payment and processing fee to cover non-refundable payment processing costs and administrative handling. Refunds are issued to the original payment method. Cancellations requested after the Customer has been notified that the order is ready to ship, or after shipment has been scheduled with a carrier, may not be possible and may be treated as a return as described below.

Returns may be accepted only with written approval from StainlessSwim. If approved, returns are accepted within 30 days from the carrier pickup date shown on shipment records. Returned Products must be unused, uninstalled, unmodified, and in original packaging. Any boxes must be unopened and sealed as new. The Customer is responsible for all return transportation and associated costs, including packing, freight charges, carrier fees, and any accessorial charges.

If a return is approved and received in acceptable condition, StainlessSwim will issue a refund of the purchase price paid for the returned Products, minus (i) all outbound shipping and delivery charges, (ii) a 10% restocking fee, and (iii) any costs incurred by StainlessSwim that were specific to the Customer’s order, including customizations, special-order items, packaging, carrier fees, storage fees, or other non-recoverable costs. StainlessSwim may inspect returned Products before issuing any refund. Returns are not accepted for Products that have been installed, modified, used, cut, drilled, coated, or otherwise altered.

Refusal of delivery or failure to accept delivery after shipment has been tendered to the carrier will be treated as a return. In such cases, the Customer remains responsible for applicable shipping, carrier, storage, and return transportation costs and the refund will be processed in accordance with the return terms stated above.

4) Shipping, Delivery, Inspection, and Shipping Claims  

Shipping and delivery are provided in accordance with the delivery method selected at checkout or shown on the paid invoice. Any stated processing times, lead times, transit times, or delivery estimates are provided for planning purposes only and are not guaranteed. Once a shipment is tendered to a carrier, routing, terminal scheduling, and timing are controlled by the carrier and may be affected by weather, routing constraints, terminal capacity, holidays, and other circumstances outside of StainlessSwim’s control.

StainlessSwim will send an email notice when a shipment is scheduled with a carrier and/or when carrier pickup details are available. The Customer is responsible for monitoring email (including spam/junk folders) and for maintaining accurate contact information on the order. Failure to review or respond to shipment communications does not delay pickup deadlines or relieve the Customer of responsibilities described in this section.

Where terminal delivery is selected, the Customer selects the terminal location (city/area) during checkout and StainlessSwim will provide the carrier’s pickup details for that shipment, including the carrier name, phone number, and terminal address. Terminal addresses may be located within approximately 25 miles of the selected terminal location. Terminals are carrier facilities and may be located outside city centers; the selected terminal location is a general area selection and does not guarantee proximity to downtown or a particular neighborhood, and travel time may vary based on traffic and routing. Terminals may have different pickup rules and requirements; it is the Customer’s responsibility to contact the terminal to confirm pickup instructions, hours, identification requirements, and any other terminal-specific procedures.

Terminal shipments must be picked up within 48 hours after the carrier makes the shipment available at the terminal. Storage fees assessed by the terminal or carrier after that time are the Customer’s responsibility. If a terminal shipment is not picked up within 7 days after it becomes available at the terminal, or if the Customer does not communicate and coordinate pickup within that period, StainlessSwim may request that the shipment be returned. In that event, all costs and fees associated with storage, handling, reshipment, and return freight will be deducted from the payments made, and any remaining balance will be refunded to the original payment method.

Where warehouse pickup is selected, StainlessSwim will provide the pickup location and an available pickup window timeframe. Warehouse pickup is a pickup method and is not home delivery. The Customer is responsible for arriving during the scheduled window and for transporting the Products from the pickup location. If the Customer is more than one (1) hour late beyond the scheduled appointment time, the pickup must be rescheduled and a $100 rescheduling fee applies. The person picking up the kit must arrive prepared to load the kit manually onto the Customer’s trailer. The Customer is responsible for loading and securing the shipment. StainlessSwim may provide limited assistance as a courtesy; however, such assistance is not a loading service and does not change the Customer’s responsibility for loading and securing the shipment.

Where local home delivery is selected for eligible addresses within approximately 200 miles of StainlessSwim’s Austin-area and DFW-area locations, delivery is provided by a StainlessSwim driver. The Customer is responsible for unloading the kit at delivery and must have at least two (2) people on site to unload the kit manually. The driver may assist as a courtesy when available; however, unloading assistance is not included as part of the delivery service and is not guaranteed. The Customer is responsible for ensuring delivery access and a safe unloading area.

For all pickup and delivery methods, the Customer is responsible for appropriate transportation and assistance. A trailer of at least 6×12 is required for terminal or warehouse pickup. Loading is dependent on location capabilities. Some terminals may be able to load by forklift when available; where forklift loading is not available or not permitted, the kit must be loaded manually by the Customer. Any fees assessed in connection with delivery or pickup, including storage fees, missed pickup fees, re-consignment fees, address correction fees, limited access fees, liftgate fees, or other accessorial charges, are the responsibility of the Customer.

All shipments must be inspected at the time of pickup or delivery before acceptance is signed. Visible damage, crushed packaging, punctures, tears, missing cartons, and other apparent shortages must be recorded on the delivery or pickup paperwork at the time of acceptance, and the Customer must take clear photos of the packaging and the damage. Shipping damage, shortages, and missing cartons are shipping matters and are not manufacturing defects. Notice of shipping damage, shortages, or missing cartons must be provided to StainlessSwim within 48 hours of pickup or delivery, together with photos and the signed paperwork showing the recorded notations. Claims submitted without both the required photos and the required paperwork may be denied and any further shipping damage claim will be void. StainlessSwim may assist with documentation; however, carrier claim requirements and outcomes are determined by the carrier.

5) Limited Warranty and Manufacturer Warranties  

StainlessSwim provides a limited warranty only as stated in this section. This warranty applies only to the original retail purchaser, is not transferable, and requires proof of purchase. This limited warranty is intended to address manufacturing defects in covered components as shipped and does not extend to site conditions, installation workmanship, or project outcomes.

StainlessSwim provides a ten (10) year limited warranty for the wall system components supplied by StainlessSwim, consisting of the galvanized steel walls and the matching wall hardware (bolts, nuts, washers). The wall system is warranted against manufacturing defects in materials and workmanship as shipped. If a defect in material or workmanship is confirmed to be a manufacturing defect in a covered wall system component, StainlessSwim will, at its option, provide replacement of the affected component, repair of the affected component, or a refund/credit for the affected component. Cosmetic variations, minor surface imperfections, and conditions that do not affect intended function are not covered.

This warranty does not apply to conditions caused by, related to, or resulting from site preparation, installation, alteration, misuse, neglect, improper maintenance, improper winterization, ground movement, drainage conditions, backfill, impact, or the use of non-approved parts, materials, methods, or accessories. Leaks and related damage caused by improperly installed or maintained gaskets, seals, faceplates, screws, cutouts, or penetrations at the skimmer, return, and any wall-mounted pool light are not covered, and leaks must be corrected promptly. Damage caused by freezing conditions, ice shifting or movement, or a pool that is not supported by a stable water level is not covered, including damage that results when water level drops due to punctures, cuts, tears, or other liner damage. It is the Customer’s responsibility to assure the pool does not leak if it is to be subjected to subfreezing temperatures.

Rust, corrosion, staining, and deterioration caused by environment, chemicals, fertilizers, coastal exposure, galvanic action, stray electrical current, or water chemistry are not manufacturing defects and are not covered. The Customer is responsible for maintaining proper water chemistry and following chemical manufacturer instructions; damage resulting from failure to do so is not covered. Use of a saltwater chlorine generating system or other salt-based sanitation method may accelerate corrosion and is not covered.

To submit a warranty claim, the Customer must contact StainlessSwim in writing at diy@stainlessswim.com with proof of purchase and supporting photos/video. StainlessSwim may require the claimed component to be shipped to the StainlessSwim warehouse for inspection before any warranty determination. The Customer is responsible for inbound packaging and freight; if a covered manufacturing defect is confirmed, inbound freight will be reimbursed only for a shipment method and carrier approved by StainlessSwim in writing in advance, and StainlessSwim will ship the replacement component at StainlessSwim’s cost. If the component is determined not to be a covered manufacturing defect, the claim will be denied and any return shipment of the component (if requested) will be at the Customer’s expense.

The pool liner is covered by a separate warranty provided by the liner manufacturer. Liner warranty information and claim instructions are provided with the liner packaging. Liner warranty coverage applies to seam separation as described in the liner manufacturer’s warranty and does not cover tears, punctures, cuts, abrasion, or other mechanical damage, and does not cover conditions arising from installation, handling, chemical imbalance, or maintenance. Liner warranty claims must be submitted directly to the liner manufacturer in accordance with the liner manufacturer’s procedures, and the liner manufacturer determines eligibility, approval, and remedy.

Pumps, filters, heaters, chlorinators, skimmers, pool lights, and any other equipment or third-party components (if purchased through StainlessSwim) are covered by their respective original manufacturer warranties provided with the product packaging and manuals. Warranty claims for those items must be submitted directly to the applicable manufacturer. Registration requirements, claim procedures, and maintenance requirements are determined by the applicable manufacturer; the Customer is responsible for timely registering any manufacturer warranty and maintaining equipment and water chemistry in accordance with manufacturer instructions.

This limited warranty does not include, and under no circumstances will StainlessSwim reimburse, any labor costs, service calls, installation costs, removal or reinstallation costs, water replacement, chemical loss, downtime, freight/accessorial charges, or any incidental, special, indirect, or consequential damages. StainlessSwim’s obligations under this warranty are limited to the remedies stated in this section for covered wall system manufacturing defects.

6) Maintenance, Water Chemistry, and Corrosion Conditions

The Products require ongoing maintenance. The Customer is solely responsible for operation, maintenance, water chemistry, water level, leak monitoring, cleaning, and winterization of the pool and all components. StainlessSwim does not provide pool operation services, maintenance instructions, water testing, chemical selection, dosage recommendations, or chemical management. Maintenance may be performed by the Customer or by a qualified pool professional selected by the Customer.

Damage, deterioration, or failure resulting from improper maintenance, chemical imbalance, improper winterization, failure to maintain a stable water level, or failure to promptly correct leaks is not a manufacturing defect and is the Customer’s responsibility. Conditions that may accelerate corrosion, staining, or deterioration include chemical misuse, over-chlorination, improper pH/alkalinity control, shock treatments not performed as directed, storage or use of pool chemicals near metal components, fertilizer exposure, salt exposure, coastal or corrosive environments, galvanic action, stray electrical current, and improper bonding/grounding. Use of saltwater chlorine generating systems or other salt-based sanitation methods may accelerate corrosion and is undertaken at the Customer’s risk.

If any instructions or manuals are included with third-party equipment or components, the Customer is responsible for operating and maintaining those items in accordance with the applicable manufacturer requirements. Failure to maintain the pool, equipment, and water chemistry may void applicable warranty coverage. StainlessSwim is not responsible for any damage, loss, or costs arising from maintenance failures, chemical conditions, or corrosion-related conditions.

7) Safety and Proper Use

The Products are intended for normal residential pool use only. The Customer assumes all risk of use and operation of the Products, whether such use is by the Customer, household members, guests, invitees, contractors, or any other persons. The Customer is solely responsible for safe use, supervision, and control of access to the pool area at all times.

The Customer is solely responsible for compliance with all applicable laws, codes, ordinances, and safety requirements relating to pool ownership, installation, and operation, including fencing/barrier requirements, self-closing/self-latching gate requirements, alarms, covers, ladders/steps, signage, and any other safety measures required or recommended for the property and location. The Customer is responsible for maintaining the pool area in a safe condition, restricting access, and preventing unauthorized or unsupervised use, including by children. The Customer is responsible for ensuring that any electrical work, bonding/grounding, and equipment placement are performed safely and in compliance with applicable requirements.

The Products are not designed for diving or jumping and are not intended for sports play, roughhousing, heavy swimming, or similar high-impact activity. The Products are intended for casual residential use, including cooling off, lounging, and plunge-style use. The Customer is responsible for preventing unsafe use, including running, horseplay, diving, jumping, or any use that could cause injury, death, or damage. The Customer acknowledges and accepts the inherent risks associated with pool use and water activity and is responsible for taking all measures necessary to reduce risk.

To the maximum extent permitted by law, the Customer releases StainlessSwim from, and StainlessSwim will not be liable for, any claims for personal injury, death, or property damage arising from or related to use, misuse, access to, or operation of the pool or Products, including claims asserted by third parties and including claims arising from or related to the design of the Products or the information provided with the Products. StainlessSwim does not guarantee safety outcomes and does not assume responsibility for injuries, death, or damages arising from unsafe conditions, failure to supervise, failure to comply with applicable requirements, or use of the Products in a manner inconsistent with intended residential pool use.

8) Limitation of Liability and Remedies

StainlessSwim’s obligations to the Customer are limited to those expressly stated in these Terms, including the limited warranty remedies stated in Section 5 for covered wall system manufacturing defects. All Products are sold as DIY components and materials, and StainlessSwim does not assume responsibility for project results, installation outcomes, site conditions, or performance of any third parties. The remedies stated in these Terms are the Customer’s exclusive remedies.

To the maximum extent permitted by law, StainlessSwim will not be liable for any incidental, indirect, special, exemplary, punitive, or consequential damages arising from or related to any order, the Products, or their use, including property damage, loss of use, loss of time, loss of enjoyment, loss of profits, personal injury, death, water loss, chemical loss, electrical costs, towing or transportation, substitute products, contractor costs, or claims by third parties, even if StainlessSwim has been advised of the possibility of such damages.

To the maximum extent permitted by law, StainlessSwim’s total liability arising from or related to any order, the Products, or these Terms, whether in contract, warranty, tort (including negligence), strict liability, or any other theory, will not exceed the amount paid to StainlessSwim by the Customer for the specific Product(s) giving rise to the claim. Where a claim concerns only a particular component, StainlessSwim’s liability is limited to the amount paid for that component. Any remedy provided by StainlessSwim may be conditioned on return, inspection, or other reasonable requirements.

Except as expressly stated in Section 5, StainlessSwim makes no warranties, express or implied, regarding the Products, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any implied warranties that cannot be disclaimed under applicable law are limited in duration to the shortest period permitted by law.

The Customer is responsible for verifying Product suitability, selecting proper installation methods, and ensuring ongoing maintenance. StainlessSwim is not responsible for compatibility or performance of third-party components, accessories, chemicals, or equipment, including items provided by third-party manufacturers and covered under separate manufacturer warranties. Any general guidance, responses, or information that may be provided does not create any warranty, obligation, or liability beyond what is expressly stated in these Terms.

Any claim by the Customer arising from or related to an order, the Products, or these Terms must be submitted in writing within a reasonable time after discovery and, in any event, no later than one (1) year after the event giving rise to the claim, unless a shorter period is required by applicable law.

Some states do not allow the exclusion or limitation of certain damages or warranties, so the above limitations may not apply in full to every Customer. In such cases, StainlessSwim’s liability is limited to the fullest extent permitted by applicable law.

9) Disputes, Governing Law, and Miscellaneous

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles, except to the extent that applicable consumer protection laws of the Customer’s state of residence cannot be waived. Before initiating any formal dispute, the Customer must provide written notice to StainlessSwim describing the dispute and the relief requested and allow a reasonable opportunity to resolve the matter informally. Notice must be sent to diy@stainlessswim.com and must include the Customer’s name, order number, current contact information, and a description of the claim with any supporting documentation reasonably available.

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to an order, the Products, or these Terms will be resolved by binding arbitration administered on an individual basis and not as a class, collective, representative, or private attorney general action. The arbitration will be conducted remotely (by written submissions, phone, or video) unless the arbitrator determines an in-person hearing is necessary. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Customer and StainlessSwim waive any right to a jury trial and waive any right to participate in a class action or representative proceeding to the maximum extent permitted by law.

If a claim is determined by a court of competent jurisdiction to be ineligible for arbitration, then, to the maximum extent permitted by law, any such claim must be brought exclusively in the state or federal courts located in Travis County, Texas, and the Customer consents to jurisdiction and venue in those courts.

The Customer agrees to defend, indemnify, and hold harmless StainlessSwim and its owners, officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees and costs) arising out of or related to the Customer’s purchase, installation, handling, use, misuse, maintenance, or operation of the Products, the Customer’s breach of these Terms, or the acts or omissions of the Customer or any third party acting on the Customer’s behalf or accessing the pool at the Customer’s property, including claims for personal injury, death, or property damage.

StainlessSwim may update these Terms from time to time. The Terms applicable to the Customer’s order are the Terms in effect at the time the order is placed and paid. These Terms constitute the entire agreement between StainlessSwim and the Customer regarding the order and the Products and supersede all prior or contemporaneous statements, communications, or understandings. No waiver of any provision is effective unless in writing by StainlessSwim. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. StainlessSwim may assign its rights and obligations under these Terms. The Customer may not assign any rights or obligations without StainlessSwim’s prior written consent.