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.
Prices charged are those ruling at the agreed date of contract. In the event of any alterations required by the buyer to specification, quality, place or date of delivery, the seller is entitled to vary the price.
a) All orders require a minimum 20% deposit, unless agreed in writing on the contract.
b) Company Cheques or personal cheques must clear through the bank 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 to recover associated costs as assessed by the seller.
a) Final payment is required 5 days or sooner of the agreed date of delivery and must be by Bankers Draft, Building Society Cheque, BACS transfer, Credit or Debit Card. Cheque and banker's drafts will need to clear into sellers account prior to delivery.
b) Liability and costs for any damage and/or alterations to goods following delivery to the installation site is the buyer's responsibility.
c) When a spa is purchased and a spa is currently held in the importers stock, payment in full must be made within 4 weeks of signing the purchase order, this can be extended with the sellers expressed consent as agreed on the sales contract
d) When a spa is purchased under a finance agreement, it will only be installed after the relevant paperwork has been satisfactorily completed.
e) Should a refund be required, any agreed refund can take up to 30 days from date of agreement.
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 payments received.
c) The seller shall not be liable to the buyer or any third party for loss, damage or alterations whether direct or indirect or consequential to any property, undertaking, or event caused by, or arising from or connected with any delay in the 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 buyers agrees to be responsible and accept the risks and liabilities thereof including accidental damage.
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, or via details provided at the site survey. The buyer shall direct the location of the goods and there shall be no liability on the part of the seller for the 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, including a re delivery or commissioning cost
g) The seller or his agents will not be held liable for any damages or injuries to goods, property or personnel arising from the inadequate site preparation on the part of the buyer or his agent.
h) The seller is not responsible for ANY costs relating to crane hire, should the need arise. The buyer is directly responsible for arranging the crane lift and payment of directly to the lift company.
I) A minimum space of 500mm is required to all sides for access to carry out any required warranty/service work.
a) The seller is not responsible for providing any electrical connection service, unless stated in writing on this 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.
b) 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 or liable for such work or for loss or damage which may result there from.
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.
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 of the manufacturer.
b) Warranties are effective only if the buyer has complied with all the terms and conditions, payment and provisions of the contract. The buyer must follow all the manufacturer's written instructions to ensure performance of the manufacturer's written warranty.
c) The seller/importer guarantees to repair or at the seller's/importer'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 Hot Tub, unless approved or conducted by the seller will void any warranty.
e) Warranties start from date of delivery, unless the seller has agreed in advance and agreed in writing.
f) Buyer agrees to be bound by all manufacturer's warranty including their terms and conditions and performance of the warranty.
g) A 6-month labour warranty is provided for Platinum and Thermals Spas. A 12-month labour warranty is provided on Vita Spa's. A 12-month labour warranty is provided on Roto Spa's by themselves.
h) A warranty call out charge will be payable in advance of £75 for labour and travel but will be refunded if the fault/defect is within the warranty terms and conditions and therefore qualifies for free labour.
I) A minimum space of 500mm is required to all sides for access to carry out any required warranty/service work, if there is insufficient access of 500mm the buyer is responsible for moving the hot tub to allow access with a minimum access of 500mm.
The manufacturer or seller will not be responsible for any adverse consequences to the goods, property or person resulting from the buyer's failure to comply with the manufacturer's operating and or maintenance instructions. Changes or alterations to parts or components, unless approved or performed by the seller or his agent, are at the buyer's risk.
Charges may be charged by the seller to the buyer for call out visits other than initial site survey visit, installation visit. Or performance of service under manufacturer's warranty within the warranty labour period of 6 or 12 months from date of delivery depending on the brand of hot tub purchased as per section 7h.
The purchaser agrees to either take delivery of their Hot Tub or pay for it in full within 4 weeks of the original purchase date. If the buyer pays for the Hot Tub in full and cannot take delivery due to circumstances out of their own control, the seller may be able to hold the Hot Tub for the buyer within the importers warehouse for up to 6 weeks free of charge or longer if agreed in writing by the seller, a charge for storage may be payable. After this time, if the buyer is still not able to take delivery, then the seller will place the Hot Tub back into stock. It will then be the buyer's responsibility to re-order the Hot Tub and allow up to 12 – 20 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 reorder of the new product.
We will need to share your details with the UK importer at point of order for delivery and warranty purposes, including the manufacturers for warranty purposes. Your details, including address and phone number will be held on Somerset Hot Tubs data base for accounting purposes, delivery, and warranty related issues only. We do not sell your information provided to us to any third parties.
The customer is responsible for disposal of the hot tub packaging
These terms and conditions do not affect your statutory rights
