Hot Tub Response Terms and Conditions
- Terms and Conditions of Trading
1.1 These are reproduced below and shall apply to all services supplied by Hot Tub Response.
Except where the context otherwise requires, the following expressions shall have the meaning shown against them:
‘Company’ Hot Tub Response.
‘Conditions’ these Terms and conditions of Trading.
‘Contract’ an agreement between the Company and the Customer for the supply of Services.
‘Customer’ either the purchaser or end user of the Services.
‘Services’ any service provided by the Company at the Customer’s request.
‘Writing’ includes any communication effected by letter, telex, cable, facsimile, electronic mail or other comparable means of communication.
3.1 Any supply of Services by the Company shall be subject to these Conditions.
3.2 No term or condition of the Customer’s standard terms of trading contained or referred to in the Customer’s order, acceptance or otherwise shall form part of any Contract and no such term or condition shall modify or amend these Conditions or any Contract.
3.3 No change to any Contract or any change to or waiver of these Conditions shall have any legal effect unless agreed to in writing by a Director of the Company, provided the Company may amend these Conditions by notice in writing with regard to Contracts entered into after such notice.
3.4 The headings in these Conditions are for convenience only and shall not affect its interpretation.
- Orders, Reservations, Quotations and Cancellation of Contract
4.1 The Customer’s order for Services shall be made or confirmed by the Customer in writing but a Contract shall not be made until an order is accepted by the Company. The Company may communicate its acceptance to the Customer either in writing or by dispatching (or procuring the despatch of) the Goods.
4.2 Any offer by the Company to sell Services to the Customer shall be made in a written quotation. Any quotation made by the Company is given on condition a Contract shall not be formed until the Company has received the Customer’s written acceptance thereof.
The Company may amend or withdraw a quotation at any time before it has received the Customer’s acceptance.
5.1 Except where any quotation by the Company provides the price for services which shall be fixed for a given period, the price for the services shall be the price prevailing when the service is provided.
5.2 The Company reserves the right to make additional charges when there is any delay in being supplied with delivery instructions or if prior to delivery the company incurs any additional costs.
- Parts Guarantee, Warranties and Limitation of Liability
6.1 All parts provided by the Company are in their opinion, suitable for domestic use by the original owner and are covered by the original manufacturer’s warranty, which is fully supported by the Company and does not limit the Customer’s statutory rights in law.
6.2 The guarantee in clause 10.1 is made subject to the following Conditions:
(a) The parts must not have been neglected, modified, repaired by anyone other than the Company or its agents or be used for commercial purposes such as a rental property or AirBnB rental in any manner whatsoever. Use for in a rental property voids the Warranty
(b) The parts must be installed by suitably qualified personnel in accordance with the company’s or manufacturer’s installation instructions.
(c) The parts must have been properly maintained and serviced by suitably qualified personnel as recommended by the Company or manufacturer and only parts produced by the manufacturer of the Goods have been fitted to the Goods.
(d) The guarantee does not apply to pipework or to equipment not supplied by the Company.
(e) Any equipment, part or component repaired or replaced under this warranty will be covered for the balance period of the original warranty.
(f) Any defect shall be notified to the Company in writing as soon as possible after it becomes apparent
(g) The Goods must have been paid for in full.
(h) The customer has completed and returned to the company either the warranty card within 15 days of purchase
6.3 The warranty may not be transferred to a subsequent purchaser.
6.4 The company reserves the right from time to time to contact the customer or end user who have freely provided their information with details of any services or updated information that the company feels will be of benefit to the customer or end user.
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO CONDITIONS 6.5 to 6.8
6.5 The guarantee does not cover any costs incidental to the replacement or repair of the parts, including without limitation the cost to the Customer of returning parts to the Company, the delivery to the Customer and installation of replacement parts.
6.6 Except as provided in these Conditions all warranties, Conditions (except as to the Company’s title to sell parts) and statements, express or implied, statutory or otherwise or contained in any literature concerning the Goods, are excluded.
6.7 Except as provided in this clause 10 the Company shall not be liable for any loss or damage whatsoever, whether in contract, (including negligence) or otherwise and including, without limitation, loss or damage caused by or arising out of any failure or any defect in the services, or for any loss or damage caused by or arising out of the use of the Services.
6.8 The Company, its directors or employees shall not, in any event, be liable or responsible for any indirect, incidental or consequential loss or damage including loss of use, revenue, goodwill, or profit, loss or damage to property, however caused.
6.9 The limitations and exclusions contained in clauses 6.6 and 6.7 shall not apply to:
(a) Death and/or personal injury caused by negligence and/or
(b) Damage caused by any defect in the parts (and ‘damage’ and ‘defect’ shall have the same meaning as in the Consumer Protection Act 1987).
7.1 Where Hot Tub Response undertakes a Hot Tub Move and/or Installation all access to the intended position of the equipment must be clear prior to arrival. If access is not clear then an additional cost may be incurred. Arrangements can be made prior to arrival for Hot Tub response to provision access at the time of move/installation at an agreed additional cost.
8.1 Account terms are available subject to status.
8.2 Representation of cheques will be charged at £20 per presentation.
8.3 The Company reserves the right to charge a 3% surcharge for services using a credit card. No surcharges apply for the use of debit cards.
9.1 Subject to any special terms agreed in writing between the company and the customer, payment for the services shall be made in cash net or cleared funds with order, and delivery shall not be made until payment has been received in full by the company.
9.2 Any grant of credit must be agreed in advance in writing by an authorised representative of the company. Full payment is then due 30 days after the date of delivery.
9.3 All sums not paid by the due date will become liable for interest charged at 8% above the Bank of England base rate until paid in full.
9.4 Timely payment shall be of the essence of the Contract and in the event of any failure or delay by the Customer to pay for services, the Company shall have the rights set out in clause 9.
9.5 Payment for Goods is immediately due and payable upon commencement of any event referred to in clause 9.
9.6 The Company shall have a right of set-off and the Customer hereby authorises the Company to apply any money owed by it to the Customer against any monies which may be due from the Customer to the Company.
If any payment or instalment falls due and is not paid in full within 7 days, the Company may without prejudice to any other rights, suspend performance of any of its obligations under these Conditions or terminate the Contract and/or any other Contract for sale of Goods by notice in writing with immediate effect.
9.1 If the Customer becomes insolvent or enters into liquidation, whether compulsory or voluntary (other than for the purposes of amalgamation or reconstruction) or compounds with its creditors generally or has a receiver, administrator, administrative receiver or liquidator appointed over all or any of its assets, or suffers execution or distress or takes or suffers any similar action in consequence of debt or becomes unable to pay its debts as they fall due or fails to perform any obligation required to be performed by it hereunder for a period of 30 days after receipt of notice from the Company of such failure the Company may, without prejudice to any of its rights, terminate the Contract forthwith by notice to the Customer.
No Contract shall be assigned or transferred in whole or in part by the Customer directly or indirectly without the prior written consent of the Company.
If any part of these Conditions or any other term or condition of the Contract is judged by any competent court to be invalid or unenforceable, the remaining part or parts shall continue in full force and effect.
Any neglect forbearance or indulgence on the part of the Company, relating to rights under these Conditions shall in no way be deemed a waiver, implied or otherwise, of such rights.
Notice will be in writing and will, for all purposes, be deemed to have been fully given and received when actually received and will be sent by registered or recorded delivery mail, postage pre-paid (unless otherwise provided), properly addressed to the parties at their registered office or at such other address for either party as may be specified by such party for such purpose, or by fax transmission or electronic mail.
- Force Majeure
Except with respect to the payment of money, neither party shall be liable for failure to perform its obligations under these Conditions if such failure results from circumstances beyond such party’s reasonable control.
16.1 Should a change in the Company number occur then the liability will remain with the company originating that order.
16.2 The Company shall not be under any liability in any respect of specification, colour variants, illustrations or other matters in relation to goods contained in any material such as brochure, advertising and trade publications. We reserve the right to modify, wholly or in part the features or specifications including the information contained herein without prior notice
16.3 The company may at its sole discretion subcontract any or all of its obligations hereunder without the prior consent of the
16.4 The customer shall not assign or delegate any duties hereunder.
- Law and Jurisdiction
The construction, validity and performance of these Conditions and any Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection therewith shall be subject to the exclusive jurisdiction of the English courts.