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. 

Without exception all goods shall be paid for in full in the following manner. o Deposit of 10% of the total purchase price upon signing of the contract o Final payment prior to collection or delivery of product NOTE: All goods and equipment remain the property of the seller until paid in full and may be removed from the purchaser's premises if default is made in payment for all or part of the purchase price.

Spas and goods sold by the Seller are covered by the manufactures warranty. The Seller is not responsible for damages which occur during deliveries. Any damages are the responsibility of the subcontractor. Manufactures warranty shall be void if: • Damage occurs due to flooding, storms or other acts of god, war, vandalism or general misuse or failure to operate equipment in accordance with instruction supplied by the seller. This includes commercial use or use outside prescribed Australian standards. • Discolouration or staining of the spa surface or corrosion or any equipment supplied by the Seller due to the condition of the local water supply or atmosphere or failure by the purchaser to maintain the spa water in accordance with the instructions supplied by the seller or any chemical attack, or the addition of any chemicals to the water other than those recommended by the Seller for spa water care. • Damage caused by the settlement or heaving or other movement of subsoil or supporting structures. • Customers fail to ensure the product is inspected annually for white ants. The product is sold with all available precautions against white ants but it remains the purchaser's responsibility to monitor their environment and the product at all times.

• The purchaser is responsible for obtaining all building permits and licenses applicable to their local shire. Every effort will be made by Wilton Industries staff to assist where possible. • The purchaser is responsible for all statutory fencing and security requirements in accordance with the applicable building license and Australian Standards AS 1926.1:1993 or what ever standards are applicable at the time. • Price excludes electrical and/or gas connection, crane hire, removal of fencing and concrete pad. • Payment of amounts over the first $1000 (deposit, no fee) will incur a credit card surcharge of 1.5% for all Visa, MasterCard and/or BankCard. American Express and/or Dinners Club surcharge will be 3% if facility is available.

• The purchaser will be instructed on their invoice to pay direct an installation contractor of their choice. Wilton Industries may recommend a suitable contractor if the customer is unable to source for themselves. • This installation is a private contract between the purchaser and his/her installation contractor. • The purchaser is responsible to inform the installation contractor of all relevant issues relating to the installation site and/or have the installation contractor visit the site to provide a comprehensive quote. • The purchaser must retain all relevant receipts from the installation contractor's work as the installation contractor is responsible for any follow up and also guarantees their work for a period of 12 months from installation date. • The purchaser is responsible for all building licensing requirements. Just Spas WA will help when required but we are not a builder.

Customers who wish to purchase a spa on these terms agree to the statutory provisions of a Lay-By agreement. To clarify the customer, amongst other things, is required to make a minimum of 2 payments at intervals advised by them (ideally regular and ideally as a % of the advised time at the signing of the contract). Just Spas WA is not responsible to administer the timing of these payments and if a customer fails to make these payments they are in breach of contract which will result in termination costs. These termination costs are 25% of the total invoice value or $1500 (whichever is greater) and are the same termination costs if a customer wishes to cancel the contract themselves for whatever reason. These costs are reasonable in our determination as a spa sale contract is a specific manufacturer order and as such our financial responsibility to the manufacturer to make good on the order needs to be taken into account.