Terms of Service

Section 01

Scope of Cooperation

These Terms of Service ("Terms") apply to all purchase orders, sales agreements, and cooperative arrangements entered into between NOVA Pool Cover ("NOVA," "we," or "us") and any individual, company, or entity ("Customer," "Buyer," or "Partner") that purchases or intends to purchase NOVA products or services.

These Terms cover the following customer categories:

Homeowners -- individuals purchasing NOVA enclosures for personal residential use, directly from the factory.
Distributors & Resellers -- businesses or individuals purchasing NOVA products at wholesale prices for resale, including private-label arrangements.

By placing an order or signing a purchase agreement with NOVA, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms. NOVA reserves the right to update these Terms at any time; the version in effect at the time of order confirmation shall govern that transaction.

Section 02

Order Rules

1

Set MOQ

Minimum order quantity is one (1) complete enclosure set per order.

50/50

Payment Split

50% deposit upon order confirmation; 50% balance before shipment.

45

Working Days

Standard lead time from deposit receipt to production completion.

2.1 Minimum Order Quantity (MOQ)

The minimum order quantity is one (1) complete enclosure set. There is no upper limit on order quantity. Volume pricing may apply for orders of five (5) or more sets -- please contact NOVA for a wholesale quotation.

2.2 Payment Terms

All orders require a 50% non-refundable deposit to confirm production scheduling. The remaining 50% balance must be paid in full before the order is released for shipment. NOVA will not dispatch goods until full payment is received and confirmed.

Accepted payment methods include T/T (bank wire transfer) and other methods as agreed in writing. All payments must be made in the currency specified on the proforma invoice.

2.3 Lead Time

Standard production lead time is approximately 45 working days from the date NOVA receives and confirms the deposit. Lead times for custom-sized or private-label orders may vary and will be specified in the order confirmation. NOVA will notify the Customer promptly of any delays caused by force majeure or supply chain disruptions.

2.4 Order Confirmation & Cancellation

An order is considered confirmed only upon receipt of the deposit and written acknowledgment from NOVA. Orders may not be cancelled after production has commenced. If a Customer cancels before production begins, the deposit may be forfeited in whole or in part to cover administrative and material costs already incurred.

Section 03

Customization Terms

3.1 Custom Sizing

NOVA manufactures enclosures to custom dimensions upon request. Customers must provide accurate pool measurements and specifications in writing prior to order confirmation. NOVA is not liable for dimensional errors resulting from inaccurate measurements supplied by the Customer.

3.2 Sampling & Prototyping Fees

For new custom designs, structural modifications, or private-label configurations, a sampling fee will be charged prior to mass production. The sampling fee covers design, engineering, and prototype fabrication costs. The exact fee will be quoted on a per-project basis and must be paid before sampling commences.

If the Customer proceeds to a full production order following sample approval, the sampling fee may be partially or fully credited toward the production order at NOVA's discretion, as specified in the quotation.

3.3 Mold & Tooling Ownership

All molds, tooling, jigs, fixtures, and production equipment developed or procured by NOVA in connection with any custom order -- regardless of whether the Customer has contributed to the tooling cost -- remain the exclusive property of NOVA Pool Cover. Customers do not acquire any ownership rights, licensing rights, or rights of possession over such tooling.

NOVA retains the right to use, modify, or repurpose such tooling for other production purposes, provided that any proprietary design elements unique to the Customer's brand are kept confidential.

3.4 Design Approval

Before mass production begins, NOVA will provide the Customer with design drawings or a physical sample for approval. Production will only proceed upon the Customer's written confirmation of approval. Any changes requested after approval may result in additional fees and extended lead times.

Section 04

Quality & Warranty

4.1 Pre-Shipment Inspection

NOVA conducts internal quality checks on all products before shipment. Customers or their appointed third-party inspectors are welcome to arrange a pre-shipment inspection at the factory, provided that NOVA is notified at least 5 working days in advance. Inspection costs are borne by the Customer.

4.2 Receiving Inspection

Upon delivery, the Customer must inspect all goods within 7 calendar days of receipt. Any claims regarding missing items, visible damage, or non-conformance must be submitted to NOVA in writing within this period, accompanied by photographic or video evidence. Claims submitted after this window may not be accepted.

4.3 Warranty Coverage

NOVA warrants that all products are free from defects in materials and workmanship under normal use and installation conditions. The standard warranty period is as follows:

Aluminum frame: 2 years from the date of shipment against structural defects and corrosion under normal conditions.
Polycarbonate panels: 1 year from the date of shipment against manufacturing defects, yellowing, or UV coating failure.
Hardware & accessories: 1 year from the date of shipment.

4.4 Warranty Exclusions

The warranty does not cover damage resulting from: improper installation, misuse, unauthorized modifications, extreme weather events (e.g., hail, hurricane-force winds), normal wear and tear, or failure to follow NOVA's installation and maintenance guidelines.

4.5 Warranty Remedies

Upon verification of a valid warranty claim, NOVA will, at its sole discretion, repair or replace the defective component(s) or issue a partial credit toward a future order. NOVA's liability under warranty is limited to the value of the defective goods and does not extend to installation costs, consequential losses, or third-party expenses.

Section 05

Liability & Dispute Resolution

5.1 Limitation of Liability

To the maximum extent permitted by applicable law, NOVA's total liability to the Customer for any claim arising out of or related to a purchase order shall not exceed the total amount paid by the Customer for the specific order giving rise to the claim. NOVA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of use, or business interruption.

5.2 Customer Breach

If the Customer fails to fulfill payment obligations, provides false specifications, or otherwise breaches these Terms, NOVA reserves the right to:

Suspend or cancel the order without refund of the deposit;
Withhold shipment until outstanding payments are settled;
Seek compensation for direct losses incurred as a result of the breach, including material and production costs already expended.

5.3 NOVA Breach

If NOVA fails to deliver goods that materially conform to the agreed specifications, or fails to deliver within the agreed lead time without prior notice, the Customer may request a remedy in the form of replacement, repair, or a partial refund proportional to the non-conformance. NOVA's liability shall not exceed the value of the affected goods.

5.4 Force Majeure

Neither party shall be held liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, port closures, or raw material shortages. The affected party must notify the other in writing within 5 working days of the event.

5.5 Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 calendar days of written notice of the dispute. If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC), with the seat of arbitration in Guangzhou, China. The language of arbitration shall be English.

5.6 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions.