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Specific Terms and Conditions of Product Sale
Additional Terms and Conditions
Return / Cancellation policy: Cancellations on Return of stock items must be made within 3 days and may be subject to a 20% restocking charge. You may NOT cancel or return custom or special ordered items (which includes any item purchased that was not in inventory at the time of the sale) or any item marked as Red-Tag, Floor-Model, In-Stock Out of box, Clearance or sold at Clearance prices in offsite shows. These sales are final. REDUCED PRICED ITEMS: Red-Tag, Floor Model, Clearance, Offsite Shows and any open box item may be in less than perfect condition and the price has been discounted to reflect this fact. By purchasing a REDUCED PRICE ITEM, you acknowledge the less than perfect status and understand such items may not be returned or refused at the point of delivery for any such reason, including but not limited to: nicks, scratches, and ill fitting components, missing pieces, discoloration or any other reason. You agree that any manufacturer and/or Distributor delay relating to Custom and/or Special Ordered items will not be grounds for cancellation. Price hold sales orders for special ordered items with or without a deposit do not protect the purchaser from manufacturer price increases related to model changes, end of year price increases, and model discontinuation or configuration changes. Price increases will be passed through to purchaser or similar products will be substituted.
Payment: All sales must be PAID IN FULL 7 days before delivery, no CODs or exceptions. A minimum 50% down payment is required to order custom product or a minimum 20% down payment with a signed and approved finance agreement. In the event a check is returned for any reason, you agree to pay a $25 administrative fee in addition to all amounts allowed by law. Discount Spas ‘n More does not offer credit terms, as such finance charges on unpaid balance accrue immediately at 1.5% per month (or maximum allowed by law). Legal – You grant to Discount Spas ‘n More a Security Interest in any product sold under this agreement in the amount of any unpaid balance, and in the event of failure to pay for such product in full on demand, you agree to the immediate issuance of a writ of possession to recover the product without requiring Discount Spas ‘n More to post bond. In the event that any action is undertaken to enforce this agreement, the prevailing party will be entitled to all costs and expenses, including reasonable attorney fees. Any dispute arising under this agreement shall be decided by binding arbitration before the Judicial Arbitration and Mediation Service (JAMS) in San Bernardino, California. A single arbitrator will be utilized and both parties specifically waive any right to conduct discovery prior to arbitration. Such arbitration shall be binding on both parties and non-appealable. Storage and Rescheduling Fees will apply if due to no fault of Discount Spas ‘n More (including non-payment of any balance) the product cannot be fully delivered within the terms described on the face of this document. These fees are not interest nor a penalty, but Discount Spas ‘n More’s best estimate of the cost storing the product.
Financing – If you desire Discount Spas ‘n More to assist you in obtaining credit through a third party, you authorize Discount Spas ‘n More to check your credit through any appropriate credit agencies and to submit credit applications to multiple financing companies. If a third party grants credit to you, you agree to pay the third party for such credit extended and any applicable accrued finance charges and will hold Discount Spas ‘n More harmless if you fail to make payment for any reason to such third party. You understand that you agreement is not with Discount Spas ‘n More but with the lender and your obligation is to that lender and you further agree to carefully read all finance documents prior to financing a purchase. If a lender provides a special promotional rate (such as No Pay/Same as Cash delayed payment periods with no interest) you understand that if you do not pay your obligation within the special promotion period, finane charges and/or interest will assessed by the lender, which may be retroactive to the original date of the purchase. Contact prior to making any claim of dispute: Discount Spas ‘n More Is not making any promise that credit will be extended by any third party lender. In the event that you purchase the product using a credit card, you agree to contact Discount Spas ‘n More to resolve any dispute regarding your purchase prior to filing any dispute with any credit card agency. If you fail to contact Discount Spas ‘n More prior to filing any dispute, you agree to pay to Discount Spas ‘n More the sum of $250 as an administrative fee for costs Discount Spas ‘n More will incur in resolving such dispute.
Delivery and site inspections: (pre-measures) – It is the customer’s responsibility to ensure access is unobstructed and delivery of the product to the final destination is possible. Access must be clear, flat, and level. If you are designing concreted pads, vaults, or a deck, you agree to provide easy access for service and repair. Onsite delivery access inspections and pre-measurements may be required for delivery. Discount Spas ‘n More will try to coordinate any inspection or delivery at a time convenient to both you and Discount Spas ‘n More. You agree to allow limited access to the delivery location and understand and agree that regardless of who conducts the pre-delivery site inspection you are responsible for all incremental delivery costs including cranes, forklifts, and extra delivery personnel. Discount Spas ‘n More employees or designated contractors may after calling, ringing the doorbell, and/or knocking open unlocked gates to access the backyard for measurement, photography, and inspection purposes without your presence. You agree to hold Discount Spas ‘n More harmless for nay damage caused in delivery or servicing any product including any damage to your property.
At the discretion of the delivery crew or the person performing pre-measurements, the delivery ma6y be aborted and rescheduled if there is any safety concern in their sole and absolute discretion. Unless specifically agreed to in writing, delivery crews will not negotiate steps, stairs, significant slopes, or traverse loose gravel, sand, mud, creeks, trenches, fences and walls, saturated ground or deliver to 3 or 4 sided drop-in vault applications. At customer’s expense heavy rental equipment and additional delivery laborers may be required. If delivery to the final destination is not possible due to customer error or delay and if the product cannot be left on the customer’s property, you agree to pay to Discount Spas ‘n More any additional delivery costs that are incurred, including administrative time, if such product cannot be left on the premises. You agree in the event that Discount Spas ‘n More assists you with the coordination of 3rd party service providers, contractors, or obtaining heavy equipment, you authorize Discount Spas ‘n More to release your personal contact information to such persons. Payment to such 3rd parties is not included in the purchase price.
Electrical and Plumbing Services: Discount Spas ‘n More does NOT provide any electrical or plumbing service including wiring, conduit and drainage trenching, GFI installation, or electrical troubleshooting outside of servicing the originally purchased product. It is your responsibility to provide these services. At your request Discount Spas ‘n More will recommend licensed contractors.
Heavy Equipment Rental: Conditions on your property may require a crane or other heavy equipment rental; as a courtesy Discount Spas ‘n More will schedule the rental of this equipment for you with a licensed contractor. You agree to hold Discount Spas ‘n More harmless for any damages or injuries related to the installation of your product by said contractor. You are contracting these services independent of Discount Spas ‘n More, as such all costs, risks, and liabilities associated with said services are the responsibility of you and/or the contractor. It is your responsibility to pay these charges in full and directly to the contractor at the point of delivery or service. Crane fees can vary widely depending on the length of boom, street or neighboring access, and weight. Discount Spas ‘n More encourages you to obtain onsite written estimates from third party equipment rental companies prior to ordering custom merchandise. Delivery costs are NOT a valid reason for canceling or returning a purchase.
Spas: Require 38” to 50” of horizontal gate and corner clearance and up to 10’ of vertical clearance free of overhanging obstructions. The spa pad must be level to 1”, larger than the footprint of the spa, and be built to MFT specifications, typically 4” thick concrete pad with drain channel. All (220V) spas require 6/3 or 6/4 AWG with ground dedicated circuit (3 wires), a 60 amp breaker and a double pole single throw/GFCI – (110V) spas require a dedicated and grounded 20amp outlet at least 7’ from the spa. Extension cords are NOT recommended and can cause low voltage damage. Failure to follow manufacturer specifications for any of these items may damage your spa nd void the manufacturer warranty.
BBQ Islands: All gas plumbing, electrical, and phone/cable sub ups must be NO higher than 6”. Gas requires a ½” shut off valve, cold water a 1.5” drain and ½” line.
Permits: You understand Spas, Pools, fireplaces, fire Pits, and gas BBQs may require county, city, or homeowner association approval and/or permits. Discount Spas ‘n More is not making any determination of any permit or authorization. You understand it is your responsibility to determine such requirements before the purchase and secure these prior to installation.
Service Fees and Trip Charges: You agree that Discount Spas ‘n More at its sole discretion may provide service on any product that was properly installed and is being properly maintained while such product is covered by a manufacturer’s warranty. Such product may be serviced by Discount Spas ‘n More or a designated authorized service agent. You acknowledge t hat manufacturers only reimburse Discount Spas ‘n More for onsite labor and parts and you agree to pay to Discount Spas ‘n More a standard flat rate “Trip Charge” for travel time when performing a local warranty or non-warranty service call and an additional per/mile trip fee for non-local service calls. You understand and agree if your product is no longer covered by the manufacturer’s warranty that you will pay a service fee of $85/hour (with a one hour minimum). If your product is no longer covered by the manufacturer’s warranty you agree to be fully responsible for the costs of any parts and labor. If the problem is a result of owner/operator error regardless of warranty condition you understand that you will be fully responsible for the cost of all repairs. Payment for all service is due at time such service is rendered. Discount Spas ‘n More does NOT provide payment terms, payment is required in full at the time of service and must be guaranteed with a major credit card in advance.
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