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.