This contract involves special manufacture and is not subject to cancellation. Refunding deposits is at the discretion of management and shall only be considered where reasonable notification of cancellation has been given by the customer with respect to the purchase date. Upon paying the deposit for the spa which denies any liability for subsequent damage caused to the spa or property during delivery.
We will take all due care to avoid such damage but cannot be held responsible for anything that does arise. NB: the spa is insured by the delivery contractor from warehouse door to customers front verge. A standard delivery should take no more than 30mins. Should the delivery contractors take longer for access reasons not advised or should the customer not have the payment ready at the time of delivery additional time charges will apply.
These will be charged at $100/hr with a minimum charge of $75. Whilst Just Spas WA, hereinafter described as the Seller, undertakes to makes every effort to adhere to the delivery/collection date set down elsewhere in the contract, the seller shall not be liable for any claim whatsoever for failure to supply the goods on any specified date. Goods not collected within seven (7) days of notification will incur storage fees calculated on a daily basis. Should the purchaser fail to collect good ordered by him/her within thirty (30) days of notification having been given to him/her that the said goods are available for his/her collection/delivery then the Seller may exercise any one or more of the following remedies.
• Rescind this agreement and thereupon any monies paid by way of deposit or instalments of the purchase price but not in all exceeding 50% of the total value of the purchase excluding delivery charges shall be absolutely forfeited to the Seller as liquidated damages.
• Sue for specific performances
• Re-sell the product and other equipment allocated to the purchaser and sue the Purchaser for any loss. Any profit made on such resale shall belong to the Seller.