Getting Ready For Delivery!

Thank you for the opportunity to serve you! Here is some information you may find helpful. Please call or text (303) HOT-TUBS anytime if you have questions. Sincerely, your team at Colorado Custom Spas

Electrical Requirements

Most spas need a dedicated 220-volt, 50- or 60-amp, GFCI-protected power source (4 wires: 2 hot, 1 neutral, 1 ground.) Use 6- or 8-gauge copper wire. For details and for 110-volt spas, please refer to the manufacturer’s manuals. Electrical hook-up is the responsibility of the buyer and should be performed by licensed electrician in compliance with National Electrical Code and any other building, city, county, etc. code requirements.

Location Requirements

Spas require a uniform, load-bearing, flat surface. (Ex. 4” thick cement slab, properly built deck, gravel bed, etc.) See manufacturer’s instructions. The bottom of the spa must be completely in contact with foundation. Any gaps under spa may cause damage not covered under warranty. Sprinklers near spa should be adjusted/capped off. Consult a licensed contractor before installing any type of platform. DO NOT locate spa near high efficiency windows (Low-E Glass.) They can reflect and magnify sunlight which can cause damage to the spa not covered under warranty.

Access and Clearance

For most deliveries, a minimum of 38” clearance through gates is required, as well as between the house and 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 fence prior to delivery to provide adequate clearance. Measure the areas between obstructions (rain gutters, meters, air conditioner, low-hanging roof line, tight corners, etc.) Any trimming of trees/bushes, removal of debris or snow, leveling of ground, or other preparation must also be done prior to delivery and is the sole responsibility of the buyer. If hauling away or disposing of existing spa, it must be completely drained, disconnected and free standing. Adequate space must be available to safely remove old spa. Delivery personnel will have final say if it’s safe to attempt. Please measure carefully and call (303) HOT – TUBS for any concerns prior to delivery.

Spa Delivery Procedure

1. When spa is ready, we will coordinate a 2-hour arrival window time for your delivery, Mon.-Fri., weather permitting.

2. Outstanding balance must be paid on delivery via check or, for credit card payments, please call at least 48 hours prior to delivery.

3. Delivery team is usually on site 30-60 minutes. For complex deliveries, additional time may be required.

4. Delivery team is NOT RESPONSIBLE for providing access, preparing foundation, hooking up spa or filling with water.

5. Delivery team will deliver spa to ground level. Raised decks, stairs, hillsides, etc. may be possible only if customer has provided all photos/measurements beforehand and delivery personnel deem it is safe when they arrive.

6. Delivery team will take precaution to avoid property damage on delivery, but Buyer will be responsible should any damage occur. (Ex. Damage to deck/concrete from moving equipment.)

7. Buyer is responsible for paying for crane service if needed to safely install your spa. Spa may be left in driveway or curbside if adequate clearance is not provided or if it is unsafe to deliver spa by hand.

8. Check your sales agreement carefully, you should not expect anything not written on the front of this 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.

TERMS AND CONDITIONS

1. COMPANY. Colorado Custom Spas is hereinafter referred to as “SELLER”.

2. “OTN” (Owner To Notify) means that BUYER is not ready to receive spa at the time of the sale, but will call SELLER when they want order to be submitted to the factory. Lead times for different manufacturers can vary greatly. Call your salesman for current estimated lead time.

3. DROPSHIP ORDERS. If spa is being drop-shipped to BUYER’S home, it will arrive on a large truck and delivered to curbside. BUYER will be responsible for moving spa to its final position in yard and should have help ready on delivery day.

4. BALANCE DUE. By signing this agreement, BUYER understands that this sale is final (no modification.) SELLER shall transfer goods identified on reverse in the manner set forth on the reverse, and BUYER shall accept and pay balance upon delivery. All deposits are non-refundable.

5. BREACH OF CONTRACT. A BREACH OF CONTRACT will exist if for any reason the BUYER refuses to accept the goods and/or cancel contract. BUYER agrees to pay to SELLER either A) 20% of contract amount, no less than $500 or B) LIQUIDATED DAMAGES if greater than $500.

6. 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.

7. COLLECTIONS. BUYER shall be responsible for reasonable pre-and post-collection agency costs and all attorney fees.

8. 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.

9. INSTALLATION. SELLER is not responsible for site preparation, electrical connection, or any other pre-installation work. BUYER acknowledges that the determination of the final location of the spa, including compliance with 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 spa. Spas are heavy and difficult to move. SELLER will take reasonable precautions to prevent damage to pathway while transporting spa, but ultimately BUYER is responsible for protecting pathway (ex. put down plywood or cardboard over deck boards, stamped concrete, etc.)

10. 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.

11. SERVICE. Service and repairs are made Mon-Fri. Assistance is required of the BUYER to perform basic troubleshooting via telephone to properly diagnose any problems. BUYER is responsible for trip fee to perform warranty or non-warranty repairs (currently $150 within 50 miles of Denver). In the event repair is not covered under manufacturer’s warranty, BUYER is responsible for all repair costs. To avoid additional costs, BUYER must provide adequate space around spa for repairs. If additional time and/or personnel are required to make repairs, there will be an additional charge. In event spa is damaged/not working properly upon delivery, this will constitute a warranty claim and is separate from any balance owed.

12. SMALL CLAIMS AND ARBITRATION. The parties agree to settle any controversy arising out of this agreement in small claims court in county where SELLER is located. If amount of any claim exceeds the jurisdictional limits of small claims court in SELLER’S home state, parties agree to submit claim to binding arbitration in county where the SELLER is located. Judgment upon the award rendered in the arbitration shall be final and non-appealable.

13. COMPLETED SPAS/STORAGE. BUYER must take delivery of spa within 30 days of being notified of completion. If BUYER fails to take delivery within 30 days after being notified, a $15/day storage charge will be assessed.

14. RETURNED CHECKS. A $100 charge is assessed on returned checks. Delinquent payments may be collected electronically.

15. COLOR VARIANCE. Minor color variances may exist since this is a custom-made product.

16. 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.