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.
Without exception all goods shall be paid for in full in the following manner.
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:
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.