Terms & Conditions

1. DEFINITIONS:

The Buyer means the party named on the invoice and does not include any successors in title. The Seller means Best British Hot Tubs Limited t/a British Hot Tubs. The Goods means the
description of products and/or services specified on The Invoice. Estimated Delivery Date means the delivery date which is agreed. The Invoice means the
purchase order attached to these terms and conditions and signed by The Buyer and The Seller. The Lender means the approved company of The Seller , whom The Buyer
will contract to pay The Seller for products and/or Services. The Loan Agreement is the contract between The Lender which regulates the mutual promises made by The
Buyer and The Seller. The Contract means The Invoice and the terms and conditions specified herein.


2. GENERAL

The Buyer accepts the Terms and Conditions specified herein which together with The Invoice, constitutes a legally binding contract for the sale and purchase of The
Goods, which shall be constructed in accordance with English Law. The product purchased will not be reserved, allocated or ordered until The Invoice is signed, and
deposit paid by cleared funds. Anything which is not specified on The Invoice or in these Terms and Conditions does not form part of The Contract.


3. DELIVERY

3.1 The Seller shall use all reasonable endeavours to ensure The Goods is available for delivery to The Buyer by the Estimated Delivery Date. However, The Seller shall not
be liable for, nor shall The Buyer be entitled to receive, compensation for any delay in delivery of The Goods beyond the Estimated Delivery Date caused by factors
outside the direct control of The Seller, including, but not limited to adverse weather conditions, failure of the manufacturer to deliver the goods, government control,
accident, shortage of materials, strike, acts of war, civil disturbance. The Buyer must take delivery and or, pay in full, for The Goods , within 20 weeks of Point of Sale ,
unless otherwise agreed in writing. If The Buyer does not accept delivery of The Goods within the 20-week period, storage will be charged at £100 per month or part
thereof. If such circumstances continue for 6 months beyond the Delivery Date either party may terminate The Contract by written notice to the other party and if The
Contract or part of it is terminated, then The Seller will repay any monies received in respect of that part or the entire amount of The Contract to The Buyer.


3.2 Should The Buyer authorise access through any adjacent properties not belonging to The Buyer during delivery, The Buyer must produce written authorisation to The
Seller from the property owner. The Seller shall be under no liability to any third party and The Buyer will accept full liability towards any other property owners.


4. TITLE AND RISK

4.1 Title to The Goods shall remain with The Seller absolutely until such time as full payment is made by The Buyer. If The Goods have been delivered, The Seller shall
be entitled to recover it in default of full payment and The Buyer will also be responsible for any associated costs.


4.2 Once delivery of The Goods has taken place, regardless of whether full payment has been made, liability for The Goods and costs for any damage to it is the sole
responsibility of The Buyer.


5. LIABILITY

5.1 The Seller, manufacturer or their agents will not be held liable for any damage or loss of function to The Goods, other property or persons which has resulted from
The Buyer's failure to ensure that full compliance with the manufacturer's or The Seller's operating or maintenance instructions have been adequately followed.


5.2 Any changes, alterations or modifications to The Goods or any component, unless approved by The Seller in writing, are the full liability of The Buyer and will deem any
warranty void.


5.3 The Seller shall not be liable to The Buyer or any third party, for any loss or damage incurred by The Buyer because of the delay in delivery of The Goods, or the
termination of The Contract under clause 3.3 or 4.1, or for any costs associated with alterations or building work to a property whether direct, indirect or consequential or
for any undertakings given or any event that may have been affected by such delay or termination.


5.4 From time to time, The Seller may provide The Buyer with details of contractors who can undertake site preparation or electrical installation work. The Seller accepts no
responsibility for the service, pricing or conduct provided by such contractors, nor does The Seller guarantee or warrant such work or accept any liability in connection
with any direct or indirect loss or damage suffered by The Buyer.


6. INSTALLATION/DELIVERY

This clause applies if installation or delivery is specified on The Invoice to the extent the clauses are relevant to installation or delivery.


6.1 The Buyer shall agree the location of The Goods prior to and at the beginning of the installation visit. There shall be no liability on the part of The Seller for the incorrect
location, encroachment or interference with any third-party rights or easements. The Buyer is responsible for completing all construction, electrical or other work to
prepare the site prior to the Estimated Delivery Date to meet the requirements specified by The Seller to enable The Seller to install The Goods; The Buyer agrees
to carry out these works at the sole expense of The Buyer.


6.2 The Seller is not responsible for providing any electrical connection service. The Buyer must ensure that an NICEICC registered electrician has carried out any
electrical work and an appropriate Certificate issued which must be shown to The Seller's installer before installation work commences. Compliance with the
manufacturer's electrical installation instructions and specifications must be adhered to otherwise any warranty will be void.


6.3 Failure to ensure that all preparations are made to allow for a safe delivery and installation at the agreed time may result in The Seller returning The Goods to The
Seller's premises. The Seller reserves the right to make any additional charges for direct, indirect, or consequential loss and for restocking, storage and any subsequent
re-delivery or installation. This also applies to condition 6.6.


6.4 The Seller, his agents or employees will not be liable for any damage to goods or property or injury to persons arising from inadequate or poor site preparation on the
part of The Buyer. The Buyer is under a duty to The Seller to ensure that the site is safe and provide a good, clear, stable working environment for the delivery and
installation of The Goods.


6.5 Following the initial installation any further site visits must be paid for by The Buyer unless they are specifically covered under the warranties – see clauses 7.3, 7.5, 7.6,
7.7.


6.6 If installation or removal of The Goods (for ANY reason and without exception) requires lifting apparatus of any description or a third party, The Seller shall not be
liable and accepts no responsibility for any additional charges to The Buyer or any third party. The Buyer agrees to arrange and carry out these works at the sole
expense of The Buyer , unless separately agreed in writing by The Seller. The Buyer will be charged a restocking fee which will be 10% of the total order value as
specified on The Invoice, should the installation not take place, due to reasons stated in clause 6.6, on the agreed date of delivery.


7. WARRANTIES

7.1 The Goods carries a manufacturer’s warranty. A copy of which is attached or will be provided on delivery and or installation.


7.2 The Seller also provides a Supplementary Warranty on some products and if this applies it will be specified on The Invoice and a copy attached – any warranty
information provided on The Invoice will invalidate any other warranty information related to The Goods.


7.3 If an Air Source Heat Pump is included in your order (please see The Invoice for reference), please note it is provided with a manufacturer’s warranty of 24 months
parts and 5 years compressor & heat exchanger.


7.4 The manufacturer's warranty and Supplementary Warranty only have effect if The Buyer has fulfilled all maintenance requirements and complied with all terms and
conditions and written instructions provided by The Seller and the manufacturer.


7.5 The warranty will be deemed to be void if The Goods have been relocated during the term of the warranty unless such relocation has been carried out by The Seller.


7.6 The guarantee is limited to the cost of the components required to repair the product. The Seller or manufacturer will not be held liable for any financial loss
incurred in connection with the failure of any product to operate in accordance with the expected standards. Such financial loss includes but not limited to loss arising
from: Time taken off work. Accidental damage to property caused through attempted access. Water damage caused to property through product water loss.


7.7 Before requesting a service for your hot tub, please check the troubleshooting guide & your operating manual as a charge may be levied where no fault is found, even
though your product may still be under guarantee. The area around the product must be easily accessible to the engineer without the need to remove furniture or
hard landscaping such as decking, gazebos, or such. It is your responsibility to ensure our engineers have a clean and safe environment to carry out any repairs.


7.8 The Seller’s engineers work Monday to Friday 9.00 to 5.00pm. Appointments outside these hours may be possible at the sole discretion of the manufacturer but cannot be
guaranteed. Whilst The Sellers’s engineers will endeavour to minimize inconvenience and to meet requests for specific timed appointments, this cannot be guaranteed.
The Seller will not be liable for delays or if The Seller are unable to carry out repairs because a convenient appointment cannot be arranged.


8. THIRD PARTY RIGHTS

8.1 Pursuant to s1(2)(a) of the Contracts (Rights of Third Parties) Act 1999 the parties intend that no term of this agreement may be enforced by any person who is not
named on The Invoice.


8.2 The warranties are not transferable to any party not named on The Invoice.


9. NOTICES

9.1 Any notice given under this, The Contract shall be in writing and may be served personally or by registered or recorded delivery mail to the address specified in these
terms and conditions or alternatively, The Seller's registered address. Or for The Buyer, an address notified to The Seller after the date of this, The Contract.


10.ENTIRE UNDERSTANDING

10.1 This, The Contract, embodies the entire understanding of the parties, in respect of the matters contained or referred to in it and there are no promises,
terms, conditions or obligations oral or written express or implied, other than those contained in The Invoice, these terms and conditions and any attached warranty.
The Seller is committed to a duty of care to ALL their customers and aims to exceed ALL their customer’s expectations. The purpose of this contract is to protect both
The Buyer and The Seller from undue anxiety, stress, and unnecessary expense.