Terms & Conditions
DIAMOND SPAS TERMS & CONDITIONS
Contract: means the Customer enters into a contract with the Company when they sign the acceptance of the quotation/order or upon the Company accepting an order for the purchase of the Goods from the Customer. For the avoidance of doubt the Contract includes these Terms and Conditions.
Company: means Diamond Spas
Customer: means any individual/s, company, firm and/or agent thereof to whom the Company has addressed its quotation/order and/or accepted an order for Goods
Delivery: means the delivery of Goods to the front of the Customer’s property being the address provided by the Customer to the Company. Any other siting of Goods is that stated in the quotation/order and/or agreed expressly in writing by the Company
Goods: means all and/or any goods which the Company has agreed in written form to sell to the Customer and to which the Customer has agreed to purchase.
Installation: means the siting and commissioning of the Goods including the filling, demonstrating the spa controls and water chemistry. The Company always recommends that the Customer employs the services of an approved electrician to carry out the electrical supply to the Goods. If the Customer has decided to install the Goods themselves, the Company will not be liable for any damage whatsoever and/or howsoever caused to:
- the Goods, and/or
- any other property including that belonging to the Customer and/or
- to any third person’s belongings
- the Customer or any third persons
Manufacturer: means the manufacturer of the Goods purchased under the terms of the Contract
- Terms of payment: unless otherwise agreed in writing by the Company, the Customer shall pay a 50% (of the Contract price) non-refundable deposit on acceptance of the quotation for the purchase of the Goods. The remaining 50% outstanding balance must be paid seven days prior to Delivery. For the avoidance of doubt, the non-refundable deposit is to cover all shipping/incidental costs and also the fact that the Goods are to be ordered to the Customer’s own specification. Goods remain the property of the Company until paid in full.
- Price: All verbal quotations are invalid unless confirmed in writing by the Company by way of formal written quotation. If there is any discrepancy between a verbal quotation and a written quotation, the written quotation shall prevail.
All prices are inclusive of V.A.T. and Delivery. For the avoidance of doubt Installation is not included in the quotation unless expressly stated in writing by the Company. Any other additions/variations are only valid if included in the Company’s written quotation and signed for and on behalf of the Company.
- Interest shall be charged at the rate of 8% per annum on any sum not paid by way of cleared funds on the date of Delivery. Time is of the essence in respect of payment.
- Once an order has been accepted by the Company, it may not be cancelled without the consent of the Company. All costs incurred by the Company including shipping as a result of cancellation shall be paid on demand by the Customer if not covered by the non-refundable deposit.
- The Goods shall be at the Customer’s risk as from Delivery until the Contract price has bee paid in full by way of cleared funds.
- Title to the Goods remains with the Company and will not pass to the Customer until such time as the Company is paid by the Customer for all Goods (by way of cleared funds) and no other amounts are owed by the Customer to the Company in respect of any other goods or services undertaken by the Company on the Customer’s behalf.
- If after the time of an order being placed by the Customer, the Customer requires any variations or additional works then such variations or additional works shall be charged on the basis of reasonable time spent and materials required at such rates and at such costs current of such work required, unless separately agreed in writing prior to the variations/additional works starting.
- In the event that one or more of the conditions within the Contract are held to be invalid as unreasonable or for any other reason whatsoever then the remaining conditions shall be valid to the extent that they are not held to be so invalid. Further, in the event that any conditions shall be found to be void but will be valid if some part thereof was deleted then such conditions shall apply with such modification as may be necessary to make it valid and effective. For the avoidance of doubt, should any provisions within the Contract be held by a competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions shall not therefore be affected.
- Any notice required under or in connection with the Contract shall be in writing and shall be served by first class post or hand delivery on the other party or sent by recorded delivery.
- The Company may assign, transfer or sub-contract any or all of its rights and obligations under the Contract. Except as stated herein, a person who is not the Customer and/or the Company has no right pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these conditions.
- This Contract is subject to the law of England and Wales and all and any disputes arising out of this Contract shall be subject to the jurisdiction of the courts of England and Wales.
- Delivery shall be a date agreed between the Customer and the Company. Time is not of the essence in respect of Delivery.
- The Company reserves the right to charge an additional fee if the Customer delays Delivery and/or Installation of the Goods by more than one calendar month after the original Delivery and/or Installation date agreed. The additional fee will be valued on the Contract value of the Goods in storage multiplied by a percentage equal to 4% above the Bank of England’s base rate.
- No liability shall be taken by the Company if the date arranged for Delivery and Installation cannot be met due to delays of the Manufacturer and/or shipping delays or any other delays which are out of the Company’s control. If such a delay occurs, then the period for the Company to perform its obligation shall be extended by such period as the Company may reasonably require.
- All Delivery dates are estimates only and the Company shall not be liable for any loss or damage caused by delay. Any delay will be reported to the Customer as soon as the Company is notified of the same.
- Goods delivered will be deemed to be accepted on signature of a delivery note. The Company will withhold all and any Goods if payment has not been made in full in accordance with paragraph 1 of these terms and conditions.
- Unless the Company receives written notice from the Customer that Delivery is to be made only to a specific person, any person accepting Delivery at the Customer’s address shall be deemed to have the Customer’s authority to accept the goods.
- The quotation price does not include any extraneous work, making good, building or carpentry work etc. unless expressly and specifically stated within the written quotation.
- The Customer shall be responsible for ensuring adequate access for Delivery and Installation (where appropriate) and give the Company all reasonable assistance to enable Delivery and Installation (where appropriate) to be completed on time. The Customer shall ensure that appropriate facilities and utilities are available if Installation is included. The engineer and delivery team must have unhindered access to the point where the Goods are to be sited.
- The Company will not be responsible for any loss, damage or any other liability suffered by the Customer or any third parties, Goods or property during the Delivery and/or Installation (as appropriate) of the Goods due to any acts, omissions or other circumstances outside the control of the Company and/or the Company’s agents, employees or sub-contractors.
- Any Installation and/or quotation is based on particulars/information supplied to the Company by the Customer. Any additional works or materials found to be necessary subsequently which were not apparent from the particulars or information supplied to the Company by the Customer will be charged extra.
- The site must be level and must be of suitable and adequate material to withhold the Good’s weight when in operation, loading requirements is 95lbs per square foot. The Goods should also have a water supply within a hosepipe reach.
- All Goods are supplied in accordance with the Manufacturer’s warranties. The Company shall not in any event be liable for loss of profits, revenue and/or any other consequential loss or damage arising from any cause of any kind.
- Upon Delivery any missing and/or damaged Goods should be stated by the Customer on the date of Delivery to the Company.
- Any complaints by the Customer regarding faulty Goods must be made known to the Company by way of written notice within three working days. The Company will arrange a convenient appointment as soon as reasonably practicable to attend upon the Customer and inspect any damaged or faulty Goods and report this to the Manufacturer on the Customer’s behalf. The Company accepts no responsibility and/or liability for the time it will take for the Manufacturer to replace or repair the damaged or faulty Goods.
- If the goods upon examination are found not to be defective, the Company’s costs of inspection shall be borne by the Customer. If the Goods are found to be defective, the Company shall at its option either await the Manufacturer’s decision or if applicable (due to the Customer’s statutory rights) repair or replace the Goods as appropriate or credit the Customer with part of their invoice value.
- All Goods are covered by the Manufacturer’s warranties. The Customer should make its own investigations as to the time period to which the warranties remain effective and their terms.
- The Customer should refer to and adhere to the Manufacturer’s terms of warranty and any other manuals and/or instructions provided by the Company and the Manufacturer.
- The Company accepts no liability whatsoever or howsoever caused for any damage to persons, Goods and/or property through any deviation from the Manufacturer’s warranty instructions.
- All safety instructions should be followed at all times. The Company accepts no liability to the Customer and/or any other persons, Goods and/or property through misuse of chemicals.
- Customers and/or any other persons using the Goods should always follow all instructions carefully including any provided by the Company and those provided by the Manufacturer and chemical companies.
- Any personal injury and/or damage to the Customer’s property should be reported by the Customer to the Company within forty-eight hours of the occurrence giving grounds for such a claim.
- The Company accepts no liability for any change in specification of any Goods delivered to the Company owing to an alteration made by the Manufacturer.
- The terms and conditions do not in any way affect the customer’s statutory rights.
- Save as herein provided, all representations, conditions, warranties and/or other terms whether expressed or implied or whether statutory otherwise are hereby expressly excluded to the fullest extent permitted by law.