Pool Rails – Terms & Conditions, Warranty & Liability
Effective Date: 6 December 2025
This Agreement governs the sale and supply of pool rails by Pool Rails (“we,” “our,” “us”) to customers (“you,” “your”) within the Republic of South Africa. By purchasing or using our website and services, you accept these Terms and Conditions.
1. Company & Legal Compliance
PoolRails (Pty) Ltd, trading as Pool Rails is a company duly registered in South Africa in accordance with the Companies Act 71 of 2008 and complies with the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPIA), and the Electronic Communications and Transactions Act 25 of 2002 (ECTA), including all amendments and regulations.
2. Product Types
2.1 Baseplate Model Pool Rails
Designed for secure bolt-down installation using galvanized threaded rods / stainless steel bolts through the baseplate of the pool rail and secured with dome nuts on top of each threaded rod in order to stabilize the rail.
Installation requires:
Drilling appropriate holes into a sufficiently thick, solid foundation.
Using a chemical anchor to secure six galvanized threaded rods / stainless steel bolts through the base plate into the holes.
Securing six stainless steel dome nuts onto all six threaded rods / bolts in order to stabilize the pool rail.
You are responsible for ensuring rails are installed correctly according to the installation guide.
The installation guide will be provided to each customer upon purchase of any baseplate model pool rail / pool rail installation kit.
The installation guide is not relevant to any other pool rail, including but not limited to contractor model pool rails.
Pool Rails is not liable for injuries, damages, or failure resulting from improper installation, incorrect use of the chemical anchor, or failure to follow the installation guide.
2.2 Contractor Model Pool Rails
Designed for professional installation, requiring core drilling into a sufficiently thick, solid foundation, with depth exceeding double the diameter of the pool rail.
Customers may optionally contact Pool Rails for a referral to a contractor if professional installation is required.
Pool Rails is not liable for damages, improper installation, or injuries resulting from unqualified installation.
3. Payment & Ownership
3.1 Payment Methods
We accept EFT (electronic funds transfer), cash on delivery, and cash on collection.
3.2 Ownership
Goods remain the property of Pool Rails until full payment has been received.
3.3 Non-Payment / Breach
Failure to pay the balance on the agreed date constitutes a breach of contract.
Pool Rails reserves the right to:
Retain possession of the product
Suspend or cancel services
Pursue legal action to recover the outstanding balance, including any associated legal costs, collection fees, or interest on overdue amounts
3.4 Customer Liability
The customer is liable for all costs, including attorneys’ fees, collection agency fees, and court costs incurred to enforce payment on the attorney and client scale.
By placing an order, the customer expressly agrees to these terms and acknowledges that failure to pay constitutes legal grounds for immediate recovery of funds, and that further steps may be taken without further notice.
4. Ordering & Payment
Orders are legally binding once submitted through our website or platform and full payment (or agreed cash payment) has been made.
Users warrant that they are over 18 and legally capable of entering into a transaction.
5. Delivery & Risk
Delivery timelines are estimates. Pool Rails is not liable for delays caused by couriers, weather, strikes, or other unforeseen events.
Risk of loss or damage passes to you upon delivery or collection.
Customers must inspect goods immediately upon receipt and notify Pool Rails of any issues within 48 hours.
Where the customer cancels or varies any of the products offered by Pool Rails before the delivery date for any reason other than a breach on the part of Pool Rails, Pool Rails has the right to charge the customer anticipatory costs incurred because of the cancellation or variation, payable on demand.
6. Warranty
All Pool Rails products carry a 3-year defect warranty from the date of purchase.
The warranty covers manufacturing defects only.
The warranty does not cover:
Improper installation (Baseplate or contractor models)
Corrosion caused by incorrect pool chemical balance
Physical damage, abuse, or unauthorised modifications
If a valid warranty claim is made, Pool Rails’ liability is limited to repair or replacement of the defective product. No consequential, incidental, or indirect damages are covered.
The consumer may elect to claim a refund, replacement, or repair of the product(s) for any defects not caused by misuse within six months after the date of purchase, in line with section 56 of the Consumer Protection Act.
7. Installation Disclaimer
Baseplate model rails: Must be bolted down securely using the baseplate and chemical anchor according to the provided installation guide. Pool Rails assumes no responsibility for injuries, accidents, or damages arising from improper installation, incorrect use of the chemical anchor, or failure to follow the guide.
Contractor model rails: Installation by a professional is essential. Customers may request a referral to a contractor through Pool Rails. If you choose not to use a qualified installer, Pool Rails is not liable for injury, damage, or failure.
8. Limitation of Liability / Indemnity
Pool Rails shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to:
Injury, death, or property damage
Data loss, cyber incidents, or breaches
Delays, defective installation, or improper use
Any disputes arising from misuse, neglect, or failure to follow installation guides
Pool Rails shall not be liable to the customer or to any third party for claims that arise or occur because of the customer’s use of the product, whether such claim, action, or damage is direct, indirect, consequential, or contingent.
Pool Rails shall not be liable for any loss of life; injury; medical expenses; support; financial loss or financial support; loss of earnings; loss of profit and/or income; loss of revenue; loss of business or goodwill; any other special damages; or any general damages, regardless of whether it was foreseeable or flowed naturally from the use of the product.
The Customer hereby indemnifies and holds Pool Rails harmless against any and all liabilities of whatsoever nature (including indirect or consequential loss, as permitted under applicable laws) arising from the dissemination of any information pertaining to any Data Subject to any third party. Save in the event that the Disclosing Party agrees in writing, the Receiving Party will not copy, delete, alter, remove, or in any manner process data pertaining to any Data Subject. Personal Information may only be processed by the Receiving Party subject to the terms and conditions of this Agreement as read with POPIA.
You waive any right to initiate legal action or claim damages against Pool Rails for the above scenarios.
This clause is enforceable to the fullest extent permitted by South African law.
9. Returns & Refunds
Returns are accepted only for defective products covered under the 3-year warranty.
Custom or installed products are non-refundable unless covered by warranty.
Refunds are processed after inspection and at Pool Rails’ discretion.
10. Data Protection (POPIA)
Pool Rails collects personal data only to process orders and provide services.
Data collected may include: Name, delivery address, email, phone, and payment information (via secure third-party gateways).
Pool Rails does not use customer data for marketing or third-party advertising.
We implement reasonable technical and organisational measures to protect personal data.
Pool Rails is not liable for data breaches beyond its control.
11. Governing Law
This Agreement is governed by the laws of the Republic of South Africa.
Disputes shall be subject to the exclusive jurisdiction of South African courts.
Purchase of the product by the customer is not made pursuant to any direct marketing by Pool Rails as defined by the Consumer Protection Act.
12. Amendments
Pool Rails reserves the right to update these Terms at any time.
Continued use of our website or services constitutes acceptance of the updated Terms.
13. Contact Information
For inquiries regarding orders, warranty claims, or data privacy:
Email: info@poolrails.co.za
Phone: 0615449343 (Thomas) / 0834140181 (Krassie)
Address: 3 Ruth Avenue, Douglasdale, Sandton, 2191 GP
