POINTS FOR YOUR REFERENCE
You are confirming that:
All details of your order have been explained.
• You have been made aware if steps and/or cover lifter have been included in your order (Please see invoice for reference).
• All details of the guarantees, warranties, and any labour/call-out costs have been explained (warranty document sent/provided on installation).
• You have been made aware of our Peace of Mind Plan, this covers call out charges, labour, annual servicing, and discount on chemicals/accessories.
• You are confirming that the access is wide enough, for the hot tub to be delivered on its side (where applicable). Where access is restricted and a crane or Hi-Ab is required, you are confirming that you are aware this is not included within the contract.
• You are confirming that you have read and understood the information below: • A firm, level base is required. Concrete, patio, reinforced deck are some examples of suitable bases.
• The electrical circuit to your hot tub is not included within the contract.
• There is no cable supplied with the hot tub. An electrician would need to provide suitable cable and/or plug from your isolation point/socket, to reach to your hot tub. We will connect the cable to the hot tub only.
• No extension cords are to be used in conjunction with the operation of the hot tub. Damage could result which is not covered under warranty.
• The circuit used for the hot tub must have RCD protection and must be certificated by a qualified electrician.
• Please check your hot tub specification for the amperage that is required. • All 32amp spas require an isolated, dedicated circuit. No appliances or lights can be on this circuit at any time.
• It is recommended to leave enough cable to reach the furthest point away from the hot tub. • Please check your access is relative to the size (width and height) of your spa. Please check the hot tub specification for these dimensions and allow at least a further 6cm width and 20cm height for packaging/equipment. Providing access to install the hot tub is the full responsibility of the customer.
• If we attempt to deliver and discover a crane is necessary, or the area is not fully prepared, there will be a charge for a second delivery, or waiting time. Customer pays for crane service required.
• Lead time for a special-order spa may be up to 24 weeks.
• Any outstanding balance is due 7 days before installation, or once the hot tub has arrived and is available for installation.
• If payment is via 3rd party finance - All Satisfaction Notes must be signed on the day of installation by the person who has been approved for finance by the 3rd party finance company. • The full 50% deposit is required for a hot tub to be specially ordered (this may not apply to customers using 3rd party finance).
TERMS AND CONDITIONS
1.1. The Buyer means the party named on The Invoice attached and does not include any successors in title. The Seller means Award Leisure Ltd. The Goods means the description of products and/or services specified on The Invoice attached. Estimated Delivery Date means the delivery date which is agreed. The Invoice means the purchase order attached to these terms and conditions and signed by The Buyer and The Seller. The Lender means the approved company of The Seller, whom The Buyer will contract to pay The Seller for products and/or Services. The Loan Agreement is the contract between The Lender which regulates the mutual
promises made by The Buyer and The Seller. The Contract means The Invoice and the terms and conditions specified herein.
2.1. The Buyer accepts the Terms and Conditions specified herein which together with The Invoice, constitutes a legally binding contract for the sale and purchaser of The Goods, which shall be constructed in accordance with English Law. The product purchased will not be reserved, allocated or ordered until The Invoice is signed, and deposit paid by cleared funds. Anything which is not specified on The Invoice or in these Terms and Conditions does not form part of The Contract.
2.2. Under the Consumer Rights Act, if the consumer is dissatisfied or concerned that the product(s) supplied is of unsatisfactory quality, unfit for purpose or not as described, the consumer must make the seller aware of their concerns with the first 30 days of receiving the product. The consumer is then entitled under this law to opt for either a full refund, repairs at no cost or a replacement item. If a fault is discovered outside of 30 days but within 6 months, the retailer may assess the item and if the issue is an inherent fault from the point of sale, the retailer has the right to perform one repair at no cost to the consumer, before the consumer then has the right to reject the product for a full refund. NOTE: Any costs incurred by the consumer to either install or remove the product(s) will not be included in any refund. On rejection of the product(s), the refund amount will exclusively and only be related to the product(s) purchased, unless otherwise agreed in writing by the seller and their management team.
Specifically, any refund does not include the following costs relating to the rejection of the product(s).
• Any 3rd party costs to install the product(s).
• Costs relating to the power supply. e.g., connecting or disconnecting the hot tub. • Groundworks or landscaping costs relating to the product(s). • Any costs incurred for lifting vehicles/apparatus required to install of remove the product(s)
3. ORDERS AND SPECIFICATIONS
3.1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by signing the Seller’s terms and conditions.
3.2. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods purchase and services within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3. The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (as accepted by the Buyer) or the Buyer’s order (as accepted by the Seller).
3.4. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer the Buyer shall indemnify the Seller against all loss damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim of infringement of any patent, copyright, design, trade mark or other industrial or intellectual
property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.5. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.6. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of any cancellation. However, from the date of the order, a 14 day cooling off period will be allowed during which cancellations or reducing the order will be accepted by the seller without penalty. Without prejudice to the generality of the foregoing, should the Buyer purport without the agreement in Writing of the Seller to cancel any order which has been accepted by the Seller or refuse to accept delivery of any of the Goods such action shall constitute in the Buyer being chargeable for all delivery and installation associated costs but any other monies will be refunded by the Seller.
4.1. A 50% deposit is required on order and signing of The Invoice (unless on finance, as per finance agreement), a further 25% top up due 6 weeks from order date, and balance due once shipping has been confirmed. If The Deposit is made by a method which does not make cleared funds available immediately, then The Seller shall have no obligation to The Buyer until such time as the funds are cleared in The Seller’s account. (this may not apply to customers using 3rd party finance).
4.2. The Deposit amount is determined by The Goods and specified in The Contract. The Buyer and The Seller will agree The Deposit amount, and this will be written on The Invoice.
4.3. If cleared funds for The Deposit are not received by The Seller within 14 days on The Buyer signing The Invoice, then The Contract shall automatically be terminated.
4.4. The Deposit is not refundable to The Buyer if The Buyer decides to cancel The Contract. The Deposit amount deemed not refundable is specified in The Invoice. See clause 3.6.
4.5. Full payment (The Balance) of the price specified on The Invoice must be made in cleared funds prior to collection or delivery of The Goods.
4.6. The Seller will inform The Buyer once The Goods has arrived in stock and The Buyer must pay The Balance of the price in cleared funds within 14 days of such notification and arrange for delivery or collection. If The Buyer does not comply with this provision, then The Seller shall be entitled to cancel The Contract and retain The Deposit, but such action shall be at the discretion of The Seller.
4.7. Any balance which remains outstanding shall incur interest at the rate of 2% above the Bank of England Base Rate per month for every month or part month such balance remains outstanding.
4.8. Any payments made by The Buyer will be retained by The Seller and used for associated costs incurred by The Seller in respect of delivery, additional work, and subsequent damage to The Goods following delivery, interest accrued, storage costs or such other reasonable costs incurred by The Seller until such time as full payment is made by The Buyer.
4.8.1. Notwithstanding the fact that The Seller has agreed to correct any minor faults with The Goods, The Buyer must make full payment (The Balance), once The Goods is in use and is not entitled to make any deductions or offset any amount. Any such deductions will be treated as an outstanding balance due to The Seller.
4.9. If The Buyer chooses to purchase The Goods using a Loan Agreement, The Deposit and The Balance shall be the amount, as agreed in The Contract and paid as per the terms and conditions of the The Lender. Loan Agreement terms and The Deposit are specified on The Invoice and can only be changed if agreed by The Seller’s authorised sale’s management.
5.1. The Seller shall use all reasonable endeavours to ensure The Goods is available for delivery to The Buyer by the Estimated Delivery Date. However, The Seller shall not be liable for, nor shall The Buyer be entitled to receive, compensation for any delay in delivery of The Goods beyond the Estimated Delivery Date caused by factors outside the direct control of The Seller, including, but not limited to adverse weather conditions, failure of the manufacturer to deliver the goods, government control, accident, shortage of materials, strike, acts of war, civil disturbance. The Buyer must take delivery and or, pay in full, for The Goods, within 20 weeks of Point of Sale, unless otherwise agreed in writing. If The Buyer does not accept delivery of The Goods within the 20-week period, storage will be charged at £100 per month or part thereof. If such circumstances continue for 6 months beyond the Delivery Date either party may terminate The Contract by written notice to the other party and if The Contract or part of it is terminated, then The Seller will repay any monies received in respect of that part or the entire amount of The Contract to The Buyer.
5.2. Should The Buyer authorise access through any adjacent properties not belonging to The Buyer during delivery, The Buyer must produce written authorisation to The Seller from the property owner. The Seller shall be under no liability to any third party and The Buyer will accept full liability towards any other property owners.
6. TITLE AND RISK
6.1. Title to The Goods shall remain with The Seller absolutely until such time as full payment is made by The Buyer. If The Goods have been delivered, The Seller shall be entitled to recover it in default of full payment and The Buyer will also be responsible for any associated costs.
6.2. Once delivery of The Goods has taken place, regardless of whether full payment has been made, liability for The Goods and costs for any damage to it is the sole responsibility of The Buyer.
7.1. The Seller, manufacturer or their agents will not be held liable for any damage or loss of function to The Goods, other property or persons which has resulted from The Buyer's failure
to ensure that full compliance with the manufacturer's or The Seller's operating or maintenance instructions have been adequately followed.
7.2. Any changes, alterations or modifications to The Goods or any component, unless approved by The Seller in writing, are the full liability of The Buyer and will deem any warranty void.
7.3. The Seller shall not be liable to The Buyer or any third party, for any loss or damage incurred by The Buyer because of the delay in delivery of The Goods, or the termination of The Contract under clause 4.3 or 5.1, or for any costs associated with alterations or building work to a property whether direct, indirect or consequential or for any undertakings given or any event that may have been affected by such delay or termination.
7.4. From time to time, The Seller may provide The Buyer with details of contractors who can undertake site preparation or electrical installation work. The Seller accepts no responsibility for the service, pricing or conduct provided by such contractors, nor does The Seller guarantee or warrant such work or accept any liability in connection with any direct or indirect loss or damage suffered by The Buyer.
This clause applies if installation or delivery is specified on The Invoice to the extent the clauses are relevant to installation or delivery.
8.1. The Buyer shall agree the location of The Goods prior to and at the beginning of the installation visit. There shall be no liability on the part of The Seller for the incorrect location, encroachment or interference with any third-party rights or easements. The Buyer is responsible for completing all construction, electrical or other work to prepare the site prior to the Estimated Delivery Date to meet the requirements specified by The Seller to enable The Seller to install The Goods; The Buyer agrees to carry out these works at the sole expense of The Buyer.
8.2. The Seller is not responsible for providing any electrical connection service. The Buyer must ensure that an NICEICC registered electrician has carried out any electrical work and an appropriate Certificate issued which must be shown to The Seller's installer before installation work commences. Compliance with the manufacturer's electrical installation instructions and
specifications must be adhered to otherwise any warranty will be void.
8.3. Failure to ensure that all preparations are made to allow for a safe delivery and installation at the agreed time may result in The Seller returning The Goods to The Seller's premises. The Seller reserves the right to make any additional charges for direct, indirect, or consequential loss and for restocking, storage and any subsequent re-delivery or installation. This also applies to condition 8.7.
8.4. The Seller, his agents or employees will not be liable for any damage to goods or property or injury to persons arising from inadequate or poor site preparation on the part of The Buyer. The Buyer is under a duty to The Seller to ensure that the site is safe and provide a good, clear, stable working environment for the delivery and installation of The Goods.
8.5. The Seller shall not be liable for, nor shall The Buyer be entitled to receive, compensation for any incomplete, delayed, or defective work(s) and/or service(s) carried out by contractor(s) who are not directly employed by The Seller (this includes, but is not limited to: Landscapers,
Builders, Transportation and Crane Services and Electricians). While The Seller may recommend specific contractors from time to time, The Seller will not be held liable for any work(s) and/or service(s) that are not included within the invoice.
8.6. Following the initial installation any further site visits must be paid for by The Buyer unless they are specifically covered under the warranties – see clauses 9.3, 9.5, 9.6, 9.7.
8.7. If installation or removal of The Goods (for ANY reason and without exception) requires lifting apparatus of any description or a third party, The Seller shall not be liable and accepts no responsibility for any additional charges to The Buyer or any third party. The Buyer agrees to arrange and carry out these works at the sole expense of The Buyer, unless separately agreed in writing by The Seller. The Buyer will be charged a restocking fee which will be 10% of the total order value as specified on The Invoice. The Deposit is non-refundable, if such issues as detailed in clauses 8.7, result in The Buyer cancelling The Order – see clause 3.6 and 4.4.
9.1. The Goods carries a manufacturer’s warranty. A copy of which is attached or will be provided on delivery and or installation.
9.2. The Seller also provides a Supplementary Warranty on some products and if this applies it will be specified on The Invoice and a copy attached – any warranty information provided on The Invoice will invalidate any other warranty information related to The Goods.
9.3. The manufacturer's warranty and Supplementary Warranty only have effect if The Buyer has fulfilled all maintenance requirements and complied with all terms and conditions and written instructions provided by The Seller and the manufacturer.
9.4. The warranty will be deemed to be void if The Goods have been relocated during the term of the warranty unless such relocation has been carried out by The Seller.
9.5. The guarantee is limited to the cost of the components required to repair the product. The Seller or manufacturer will not be held liable for any financial loss incurred in connection with the failure of any product to operate in accordance with the expected standards. Such financial loss includes but not limited to loss arising from: Time taken off work. Accidental damage to property caused through attempted access. Water damage caused to property through product water loss.
9.6. Before requesting a service for your hot tub, please check the troubleshooting guide & your operating manual as a charge may be levied where no fault is found, even though your product may still be under guarantee. The area around the product must be easily accessible to the engineer without the need to remove furniture or hard landscaping such as decking, gazebos, or such. It is your responsibility to ensure our engineers have a clean and safe environment to carry out any repairs.
9.7. The Seller’s engineers work Monday to Friday 9.00 to 5.00pm. Appointments outside these hours may be possible at the sole discretion of the manufacturer but cannot be guaranteed. Whilst The Sellers’s engineers will endeavour to minimize inconvenience and to meet requests for specific timed appointments, this cannot be guaranteed. The Seller will not be liable for delays or if The Seller are unable to carry out repairs because a convenient appointment cannot be arranged.
10. THIRD PARTY RIGHTS
10.1. Pursuant to s1(2)(a) of the Contracts (Rights of Third Parties) Act 1999 the parties intend that no term of this agreement may be enforced by any person who is not named on The Invoice.
10.2. The warranties are not transferable to any party not named on The Invoice. 11. NOTICES
11.1. Any notice given under this, The Contract shall be in writing and may be served personally or by registered or recorded delivery mail to the address specified in these terms and conditions or alternatively, The Seller's registered address. Or for The Buyer, an address notified to The Seller after the date of this, The Contract.
12. ENTIRE UNDERSTANDING
12.1. This, The Contract, embodies the entire understanding of the parties, in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied, other than those contained in The Invoice, these terms and conditions and any attached warranty. The Seller is committed to a duty of care to ALL their customers and aims to exceed ALL their customer’s expectations. The purpose of this contract is to protect both The Buyer and The Seller from undue anxiety, stress, and unnecessary expense.