terms & conditions

The American Hot Tubs Company terms and conditions of sale.

 

1.  General
These Terms and Conditions override any conditions stipulated by the buyer unless the others are expressly accepted by the seller, in writing. The placing of a sales order with the seller is deemed to be acceptance of these Terms and Conditions by the buyer,

2.  Prices
Prices charged are those ruling at the agreed date of contract. In the event of any alterations required by the buyer to specification, quantity, place or date of delivery, the seller is entitled to vary the price.

3.  Deposits
a) All orders require a minimum 50% deposit, unless agreed in writing on this contract
b) Company cheque or personal cheque must clear through the banks prior to delivery of goods.
c) Deposits are not refundable unless otherwise agreed in writing. Any such agreement will be subject to a charge reflecting any costs incurred by the seller in the course of making a refund.
d) Any deposits or payments can be held in part or in full by the seller so as to recover associated costs as assessed by the seller.

4. Payments
a) When a spa is purchased under a finance agreement, it will only be installed after the relevant paperwork has been satisfactorily completed.
b) Final payment is required on collection or prior to delivery and must be by cash, by Bankers Draft, Building Society cheque, credit card or debit card.
c) Liability and costs for any damage and / or alteration to goods following delivery to the installation site is the buyer's responsibility.
d) When a Spa is purchased and a Spa is currently held in dealers stock, payment in full must be made within 4 weeks of signing the Purchase Order.

5.  Delivery
a) Title of the goods does not pass to the purchaser until full payment is made, by cleared funds. Any time or day of delivery named is intended as an estimate only and is not the essence of the contract.
b) If any cause outside the seller's control, or any unforeseen contingency renders it impracticable for the seller to execute any order or delivery, the seller reserves the right to cancel the order and to repay any deposit payment received.
c) The seller shall not be liable to the buyer or any third party for loss, damage or alteration whether direct or indirect or consequential to any property, undertaking, or event caused by, or arising from or connected with any delay in delivery of goods or failure to execute an order or delivery, or cancellation of the contract pursuant to clause 5b.
d) In the event the buyer authorises access through adjacent properties for the seller's use during delivery and installation, the buyer is required to obtain permission from the owner(s) of the adjacent properties for such use and the buyer agrees to be responsible and accept the risks and liabilities thereof.
e) The buyer is required at his expense to do all construction and other acts necessary and to meet all conditions necessary to allow the seller to install the goods as provided in the contract The buyer shall direct the location of the goods and there shall be no liability on the part of the seller for incorrect location, or for encroachment or interference thereby upon the property easements or rights of any other parties.
f) Failure on the part of the buyer to ensure all preparations completed for goods installation and operation for the agreed time and date can result in the seller returning the goods to the security of the seller's premises and the seller reserves the right to make additional charges for any direct indirect or consequential cost.
g) The seller or his agents will not be held liable for any damages or injuries to goods, property or personnel arising from inadequate site preparation on the part of the buyer or his agents.

6. Additional works
a) Where the buyer has work performed by others that is not provided for in this contract the seller does not guarantee or warrant such work and the seller shall not be held responsible for such work or for loss or damages which may result there from.
b) The seller is not responsible for providing any electrical connection service, unless specified in writing in the contract. The buyer is advised to use a professional, N.I.C.E.I.C., registered electrician and must ensure compliance with the goods manufacturer's electrical instructions and specifications.
c) Referrals from the seller are given as a professional courtesy only. The seller is not responsible for any conduct or service provided by these referrals.

7. Warranties
a) All manufacturers' equipment and apparatus installed as provided for in this contract shall carry the full warranties of sold hot tub, supported by the limited warranties on the manufacturer.
b) Warranties are effective only if the buyer has complied with all the terms and conditions, payments and provisions of the contract. The buyer must follow all of the manufacturer's written instructions to ensure performance of the manufacturer's written warranty,
c) The seller guarantees to repair or at seller's option replace under issued warranties any products or parts found defective in materials or workmanship under terms of the manufacturer's warranties.
d) Relocation of the spa, unless approved or conducted by the seller or his agent, will void any warranty.

8. Operation and maintenance
The manufacturer, seller or his agent will not be held responsible for any adverse consequences to the goods, property or person resulting from the buyer's failure to comply with manufacturer’s operating and; or maintenance instructions. Changes or alterations to parts or components, unless approved or performed by the seller or his agents, are at the buyer's risk.

9.   Site visits
Charges may be made by the seller to the buyer for call out visits other than initial survey visit, installation visit or performance of services under manufacturer's warranty.

The Buyers Commitment to Delivery
The purchaser agrees to either take delivery of their spa or pay for it in full within 4 weeks of the original purchase date. If the purchaser pays for the spa in full and cannot take delivery due to circumstances out of their own control, the seller will store the spa for the purchaser for up to 4 weeks free of charge. After this time, if the purchaser is still not in a position to take delivery, then the seller will place the spa back in to stock. It will then be the purchaser's responsibility to re order, and allow up to 10 weeks delivery time for the new order. At all times the seller will retain the non-refundable deposit.

The seller reserves the right in the above two examples to change the price of the original purchase order in line with the timing of the re order of the new product.

The American Hot Tub Company Retail Shop premises:
We are situated at Winterburn House, Millennium Road, Skipton, North Yorkshire BD23 2TZ. Also at Vincents Garden Centre, 300 Southport Road, Scarisbrick Southport PR8 5LF. Within these premises purchases can view all hot tubs & Spas, Sauna’s, Gazebos and Bespoke Decking platforms. With 12 models on display and 4 models are working and can be tested at any time. A dedicated wet test room is available. Within this room there is a changing room and shower cubicle, towels and bathrobes can be provided.

Company Registration Number: 05268887. VAT Number: 856347105.

Contact us for more information or, call 08000 27 38 49 to talk to someone.

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