By Purchasing From MODTUB, LLC, You Agree to The Following Terms and Legal Agreements
Most spas need a dedicated 220-volt/50-amp, GFCI-protected power source (4 wires: 2 hot, 1 neutral, 1 ground.) Use 6 or 8-gauge copper wire only. Electrical hook-up is the responsibility of the buyer and should be performed by a licensed electrician. All electrical and installation work must comply with National Electrical Code and any other building, city, county, etc. code requirements.
Surface and Pad Requirements
Spas require a uniform surface that is firm and flat. (Ex. 4” thick cement slab, properly designed deck, gravel bed, EZ Pad, etc.) The bottom of the spa must be completely in contact with the foundation you have prepared. Any gaps under the spa may cause damage not covered under warranty. Sprinklers near the spa should be adjusted/capped off. Consult a licensed contractor before installing any type of platform.
Access and Clearance
For most deliveries, a minimum of 40” clearance through gates is required, as well as between the house and side fences, and a minimum overhead clearance of 96”. For exact clearance requirements, ask your salesperson. It may be necessary for you to remove a gate or section of the fence prior to delivery to provide adequate clearance. Measure the areas between obstructions (rain gutters, meters, air conditioners, low-hanging roofline, tight corners, etc.) Anything limiting access to the site must be removed prior to delivery. Any trimming of trees, bushes, removal of debris or snow, leveling of ground, or other preparation must also be done prior to the delivery and is the responsibility of the buyer. If hauling away or disposing of the existing spa, it must be completely drained, disconnected, and free-standing. Adequate space must be available to safely remove the old spa. Delivery personnel will have the final say if it’s safe to attempt. Please measure carefully and call your dealer for any concerns prior to delivery.
Spa Delivery Procedure
- When the spa is ready, you will be contacted to arrange a convenient delivery time.
- Any outstanding balance must be paid prior to delivery.
- The delivery team is usually on-site for approximately an hour. For complex deliveries, additional time may be required.
- The delivery team is NOT RESPONSIBLE for providing access, preparing the foundation, hooking up the spa, or filling with water.
- The delivery team will deliver a spa to the ground level. Raised decks, stairs, hillsides, etc. may be possible only if the customer has provided all photos/measurements beforehand and delivery personnel deem it is safe when they arrive.
- Customer may be responsible for coordinating a crane service if needed to safely install your spa. The spa may be left in driveway or curbside if adequate clearance is not provided or if it is unsafe to deliver spa by hand.
- Check your purchase agreement carefully, you should not expect anything not written on the contract. If an item is missing upon delivery, please inform the delivery team and they will fill out a report. The missing item will be mailed or delivered to you.
IMPORTANT TERMS AND CONDITIONS
- COMPANY. MODTUB, LLC is hereinafter referred to as “SELLER”.
- BALANCE DUE. By signing this agreement, BUYER understands that this sale is final (no modification.) SELLER shall transfer goods identified on the purchase agreement in the manner set forth in the purchase agreement, and BUYER shall accept and pay the balance upon delivery. All deposits are non-refundable.
- BREACH OF CONTRACT. A BREACH OF CONTRACT will exist if for any reason the BUYER refuses to accept the goods and/or cancel the contract. BUYER agrees to pay to SELLER either A) 50% of the contract amount, no less than $500 or B) LIQUIDATED DAMAGES if greater than $500.
- LIQUIDATED DAMAGES. If BUYER refuses to accept the goods, BUYER will forfeit to SELLER, in lieu of the enforcement of this contract, as liquidated damages, the full amount of the non-refundable deposit, and shipping costs.
- COLLECTIONS. BUYER shall be responsible for reasonable pre-and post-collection agency costs and all attorney fees.
- LIMITED WARRANTY. All warranties are direct with the manufacturer(s). No other express warranty is given and no affirmation of SELLER, by words or action, will constitute a warranty. BUYER is responsible for following ALL instructions included in operation manuals. NEVER leave any spa exposed to direct sunlight unless it is filled with water. In no event, shall SELLER be liable for any incidental or consequential damages.
- INSTALLATION. SELLER is not responsible for site preparation, electrical connection, or any other pre-installation requirements. BUYER acknowledges that the determination of the final location and installation of the spa, including compliance with all applicable building and safety code requirements, is the sole responsibility of BUYER, and SELLER shall not be liable for any damages resulting from improper installation of the spa, including, but not limited to, damage from fire, electrical shock, damage to the equipment, or improper support for the spa. Spas are heavy and difficult to move. SELLER will take reasonable precautions to prevent damage to a pathway while transporting spa, but ultimately BUYER is responsible for protecting the pathway (ex. put down plywood or cardboard over deck boards, stamped concrete, etc.)
- INDEMNITY. BUYER shall defend, indemnify, and hold SELLER harmless from and against any and all claims, demands, causes of action, liabilities and/or obligations arising from BUYER’S unlicensed installation of the spa and/or any installation of the spa not in strict compliance with pre-installation and installation requirements provided by SELLER, manufacturer, and any applicable building and safety codes, and this Agreement.
- SERVICE. Service and repair requests must be made Mon-Fri. Assistance is required of the BUYER to perform basic troubleshooting via telephone to properly diagnose any problems. BUYER is responsible for reasonable trip fees to perform in-home repairs and, in the event, the repair is not covered under the manufacturer’s warranty, all associated repair costs. The BUYER must provide adequate space around the spa for repairs. In the event spa is damaged/not working properly upon delivery, this will constitute a warranty claim and is separate from any balance owed.
- SMALL CLAIMS AND ARBITRATION. The parties agree to settle any controversy arising out of this agreement in small claims court in the county where SELLER is located. If the amount of any claim exceeds the jurisdictional limits of small claims court in SELLER’S home state, parties agree to submit a claim to binding arbitration in the county where the SELLER is located. Judgment upon the award rendered in the arbitration shall be final and non-appealable.
- COMPLETED SPAS/STORAGE. BUYER must take delivery of the spa within 90 days of being notified of completion. If the BUYER fails to take delivery within 90 days after being notified, a $10/day storage charge will be assessed.
- RETURNED CHECKS. A $50 charge is assessed on returned checks. Delinquent payments may be collected electronically.
- COLOR VARIANCE. Minor color variances may exist since this is a custom-made product.
- SEVERABILITY. If any provision of this agreement is determined by a court or arbitrator to be invalid or unenforceable, that provision shall be severed and the remaining provisions in this agreement shall remain in effect.
- NO REFUNDS. No returns or cancellations are approved once the customer agrees to the hot tub purchase, has put any money down towards the purchase, or an order form has been submitted in store which triggers an order to be placed with the manufacturer.