The Buyer, at its sole expense, will be responsible for preparing the site for the installation of the spa including, but not limited to the clearing of obstructions, leveling and providing framing and/or structural support for the spa unless otherwise specified in the agreement.

The buyer must provide clear and open access to the location needed for the spa. The Buyer shall provide electrical power, filling and draining of the spa.

The Seller shall not be responsible for damage or delay due to acts of nature, strife, fire, accident, unavailability of materials or other causes beyond the Sellers control.

The Seller reserves the right to substitute materials of equal or greater value. The total purchase price indicated is valid for 30 days from the date of order only, unless otherwise agreed in writing.

The Buyer shall make all delivery and final payments prior to the commencement of work or removal of products from the Seller’s vehicles. All delivery and final payments must be made with cashiers or bank check or cash only.

Spas must be delivered and/or paid in full within 10 days from first attempt to arrange delivery. If Buyer is unable to take delivery, paid spas may be stored up to one year at no charge to the Buyer. Storage beyond one year is at a rate of $5.00 per day (for paid balances only).

The Buyer will be responsible for a redelivery fee of $250.00 if the spa is refused upon delivery to the Buyer’s location on the pre-scheduled delivery date or spa or (item) cannot be delivered due to missed or forgotten appointments on scheduled date, or cancelled with less than 48 hours notice.

Title to said equipment shall remain with the Seller and shall be deemed for all purposes to be the Sellers personal property until the Buyer pays the entire purchase price of materials. If the Buyer is deemed in default of the terms of this agreement, they agree to be liable for reasonable costs of collection, including attorney’s fees and interest of 2% per month of the max rate allowed by law,
whichever is higher.

Factory Direct Sales LLC agrees to repair or replace any defective components (travel charges may apply) for 90 days parts and labor.
After 90 days, there will be a service charge to repair or replace any such defective components.

Factory Direct Sales LLC agrees to pass on to the Buyer any manufacturer’s warranty that may exceed FactoryDirect Sales LLC’s warranty but is not responsible for them.

Factory Direct Sales LLC reserves the right to revoke all warranties in case of neglect, abuse or improper usage. This includes but is not limited to improperly balanced water, improper operating procedures, use of nonrecommended chemicals, frozen pipes, a dry spa exposed to sunlight or left in areas of excessive temperature or improper electrical work performed by a licensed
or non-licensed electrician.

This warranty does not cover the costs of removal of any decking, walls, flooring, woodwork or any removals or replacements necessary for the repair or replacement of any defective equipment, piping, plumbing, fittings etc. No work by Factory Direct Sales LLC technician is to begin until the Buyer has provided full accessibility.

This agreement and warranty contain the entire agreement between parties. Any variance to the terms of this agreement must be
in writing.

This agreement cannot be cancelled unless otherwise stated. The Buyer agrees to be liable for all or part of the entire purchase price upon cancellation as deemed necessary by Seller, with a minimum charge of 25% of the total purchase price plus any attorney, clerical or collection fees. All deposits will be forfeit if the delivery of the spa or (item) does not occur within 12 months of the order date and carries an unpaid balance. Unpaid balances are subject to interest at a rate of 2% per month or the max rate allowed by law whichever is higher and a storage charge of $5.00 per day. Effective 10 days from first attempt to arrange delivery with the exception of immediate delivery spas and floor model spas. These spas must be delivered within 30 days of the purchase date or are subject to interest rate of 2% per month on unpaid balances and storage fee of $10.00 per day commencing 30 days from the purchase date.

DELIVERY ACCESS AND FOUNDATION REQUIREMENTS

1. All portable spas require 42 inches of clearance through gates, doors, between houses, side fences and around corners. Your spa will require proper overhead clearance based on the size of your spa. In most cases add 12” to the width of the spa.
2. All debris, limiting or blocking access to or on set up location should be removed prior to delivery. The buyer will be responsible for a redelivery fee of $250 if the spa is refused upon delivery to the buyers location on the prescheduled delivery date or spa cannot be delivered due to missed or forgotten appointments on scheduled date or cancelled with less than 48 hours notice.
3. Factory Direct Sales does not provide crane services. If a crane is needed for delivery, a crane will be arranged with an outside contractor for an additional fee. While the crane operators are fully insured they will require the homeowner to sign a waiver absolving the crane company in the unlikely event of driveway damage caused by crane.
4. All portable spas must be set on a solid, level surface. We recommend a 4” (inch) thick concrete slab. However, properly supported decks, pavers and synthetic “spa pads” are also acceptable.
5. If a “cover lift” system is to be installed, then you must allow for 24” (inches) of clearance behind the spa to allow for it to fold out of the way.
6. We do not recommend in-ground, sunken or enclosed spa installations. This makes it impossible for service technicians to access the spa's equipment area. Installations of this nature could create ground water situations, which could cause damage to the spa’s internal equipment and void the warranty.

DELIVERY AND SET UP REQUIREMENTS

1. The time required to set-up your portable spa varies due to the complexity of each delivery. However, most spa deliveries typically require approximately one hour.
2. Standard two-person ground level delivery is included. Any additional people or equipment needed for your delivery may require an additional cost.
3. Please allow a two-hour time window for our delivery crew to arrive to your site. It is impossible to guarantee an exact delivery time due to certain complications that sometimes occur with previous job sites, traffic or when bad weather occurs.
4. It is the responsibility of the spa owner to fill with water and add chemicals to the spa.

ELECTRICAL REQUIREMENTS

1. For liability reasons, Factory Direct Sales does not do any electrical wiring.
2. Our delivery crew is not licensed to connect or disconnect any electrical.
3. A licensed electrician must wire all portable spas.
4. Improper wiring by a third party electrician, which results in a service call, is not covered under warranty.
5. All Portable spas require an isolated, dedicated circuit. No other appliances or lights can be on this circuit at any time. No extension cords are to
   be used in conjunction with the operation of the spa. Low voltage damage could result which is not covered by your warranty.
6. All electrical hookups must meet N.E.C. (National Electric Code) and permanent local codes.
7. The electrical wiring of the spa must be 240-volt, 3 wire plus ground (#6 AWG copper).
8. All 240-volt equipment packs require a double pole GFCI breaker hard wired to the spa as shown in the owner’s manual.
9. The spa must be hooked up to a dedicated 240-volt, 50-amp breaker with GFCI protection. Your licensed electrician should know the N.E.C. Codes for the proper location of the GFCI Breaker Box.
10. We recommend that the GFCI Breaker Box be located somewhere near the spa (per N.E.C. Electric Codes) and be easily accessible. This is important when the spa owner is not home and our service technicians are there for service.
11. In most cases it is best for the licensed electrician to perform their work after the spa has been delivered.
12. The spa must be filled with water before any electrical power is turned on.
13. Any damage resulting from the failure to follow these requirements or due to improper electrical installation will not be covered under the warranty.

SERVICE REQUIREMENTS

1. It is the customer's responsibility to allow for access to all sides of your spa for servicing. If our technicians are unable to access your spa then the spa may not be serviceable. If your spa is not readily accessible you may be subject to additional service fees to drain and move your spa to gain adequate access, which is not covered under warranty. It is the homeowner's responsibility to have the spa disconnected if the spa needs to be moved for servicing. It is also the homeowner's responsibility to have the spa reconnected following any servicing of your spa.
2. Weekly check-ups on your spa and regular water maintenance and filter cleaning will prevent many service issues from arising. Please review your owner's manual and make sure to follow all guidelines as stated for your spa.
3. Please contact Factory Direct Sales directly for all hot tub and swim spa warranty claims. Please contact the respective accessory manufacturer for all other items and accessories, as they are warrantied by the respective manufacturer. This includes cover lifts, umbrellas, covers and other add on accessories.

FINAL BALANCE MUST BE PAID BY CERTIFIED FUNDS ON DELIVERY MADE PAYABLE TO “FACTORY DIRECT SALES”. CREDIT CARDS WILL NOT BE ACCEPTED FOR FINAL PAYMENT.

I HAVE READ, UNDERSTAND AND AGREE THE ABOVE REQUIREMENTS AND CONDITIONS: