Policies and Procedures
(The Fine Print)
(Things Our Attorneys Make Us Say)
AGREEMENT, WARRANTY. TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS "AGREEMENT"APPLY TO THE USE OF THIS WEBSITE, OUR SERVICES, PARTS, REPAIRS, AND ALL OTHER BUSINESS CONDUCTED ON BEHALF OF HOT TUB URGENT CARE, LLC. BY ACCESSING THIS WEBSITE, CONTACTING US, AND/OR PLACING AN ORDER, SCHEDULING AN APPOINTMENT OR RECEIVING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR OUR SERVICES. EFFECTIVE DATE NOTICE: NOTE THESE ARE THE MOST CURRENT AND UP TO DATE TERMS AND CONDITIONS.
All other notices are superseded herein.
Thank you for the opportunity to earn your business!
Names, Doing Business As (d/b/a) Hot Tub Urgent Care, LLC may be herein after referred to as We, Seller, dealer or us. Our technicians may use initials, pseudo names or nicknames in the course of conducting business. With the increase in identity theft, we encourage them to do so. We also ask you, the customer to please refrain from posting a technician's last name, address or personal phone number on any public website or blog. (Please use just the first initial of their last name.) We investigate and supervise all employees along with tracking via GPS latitude and are able to differentiate which technician serviced your spa and on which date and at what time. If you need this info, we will be happy to help.
The website is operated by: Hot Tub Urgent Care, LLC
Our contact details are as follows:
4605 Ashmont Drive, Raleigh, NC 27614
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process, by telephone or upon request from an employee of Hot Tub Urgent Care, LLC. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you confirmation by email. Unless we have notified you that we did not accept your order, it will ship within 24-48 hours. If you request urgent processing, your item can ship as soon as 2 hours after successful processing of your payment.
2.3 We may refuse to accept an order; where goods are not available; where we cannot obtain authorization for your payment; or we determine based on actions or statements by buyer that we no longer desire to business with said buyer; or if there has been a pricing or product description error; or we decide we merely do not want to do business with buyer. if you do not meet any eligibility criteria set out in our terms and conditions.
3.1 Our prices do not include any Taxes for any locale or state other than North and South Carolina; however, we are currently working on accepting tax payments for all 50 states. You agree as the customer to abide by your state laws and submit use tax as required by your state.
3.2 Where we charge separately for packing and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed monthly and the next review will be on the 5th of each month.
4. CANCELLATION AND RETURNS POLICY
4.1. If you wish to cancel your order: you must notify us in writing before items have shipped; or if goods have already been dispatched, by returning goods to us in accordance with 2 below.
4.2. You can return goods you have ordered from us for any reason; however, you must obtain an RMA # prior to return and submit a copy of the tracking information within 7 days of product receipt for a full refund or exchange credit. Shipping Costs are non-refundable and return shipping shall be the customers responsibility. Damage in transit must be documented at time of delivery.
4.3. Upon return receipt of the goods we will give you full credit of the purchase price.
4.4. The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances:
in the event that the product has been used or improperly installed.
to any products that we have made or customized specifically for you
defective items shall be replaced with similar or better-quality products
Damage in transit was not documented at time of delivery.
The provisions of this clause do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis: no documents or related graphics on this Website are modified in any way; no graphics on this Website are used separately from accompanying text; and, any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licenses and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the US or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of the logo; you do not create a frame or any other browser or border environment around this Website; you do not in any way imply that we are endorsing any products or services other than our own; you do not misrepresent your relationship with us nor present any other false information about us; you do not otherwise use any trade marks displayed on this Website without our express written permission; you do not link from a website that is not owned by you; and, your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); fraud; misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. DISPUTES, GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with North and South Carolina law.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
12.3 By utilizing our services you agree and bind yourself to this agreement the same as if you signed your name hereon. In the event of any dispute, claim, question, or disagreement arising from or relating to our services or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 10 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. If a dispute arises out of or relates to this agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, or some other dispute resolution procedure. Any controversy or claim arising from or relating to this agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association or any other national arbitration association recognized by the courts - under its [applicable] Procedures for Disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them.
13.4 PAYMENT & COLLECTION: Payment is required the same day service is provided. Cash; All major Credit Cards and checks made out to Hot Tub Urgent Care, LLC are acceptable. The credit card or check must have the same address as the location we are providing service and you must show your state issued ID to confirm identity. A valid phone # and DL # are mandatory with all checks. If any of these are not correct, it is the techs determination as to whether he shall accept a check or card due to fraud strictures. In these cases, cash payment may be required. Please advise us of any possible glitches here so we can iron issues out before they become problems. For this assistance we thank you.
Upon Buyer’s request, a technician of seller and pursuant your request, will provide a diagnostic / service call and or labor. As detailed online and as explained by the technician, our diagnostics fees are $145 and are due and payable the day services are rendered. Repair labor as of May 1, 2019 is $120 hourly onsite, $60 hourly for commute time and $25 hourly for research. You may ask the technician if these apply; however, you must get a waiver in writing (verifiable text, email or noted on the invoice is acceptable.). Any and all discounts are only applicable if paid timely. For the purposes of this statement, timely payment is payment the day of service and no later than 10 calendar days from the date of service. All charges are past due 10 days after any and all service calls. If payment is not made and no dispute has been noticed to Seller, Seller has the right to file a lien on customers property to effect payment. If after 90 days, payment has not been made, Seller reserves the right to initiate civil proceedings. Buyer agrees to pay any and all costs Seller incurs in obtaining payment. Buyer further understands all unpaid balances will be pursued by collection agency licensed in the State in which Buyer resides, in addition to any other legal avenues open to seller. Seller does not waive any right herein if Seller fails to pursue all options within the time prescribed. SOL notwithstanding.
Additionally, interest, late fees and collection charges will be applicable and accruing daily at 24% annum or at the maximum rate prescribed by Law, in the state in which you reside, beginning on day 11. A billing charge of $5 per bill may apply. Additionally, all costs incurred in the pursuit of the balance will be added to the amount owed.
If you dispute that services were rendered, you must state so within 30 days of the date of service or we will be forced to forward your file to collections.
Furthermore, North and South Carolina supports service providers such as ourselves with laws that allow us to file PROPERTY LIENS and CIVIL SUITS if we are not paid. You have the right to pay any discounted balance within 10 days of receipt of Services without incurring additional fees; however, not only do discounts become inapplicable; collections and legal expenses then become due and pursuable thereafter. To this date, we have NEVER had a court not provide us 100% of our pursued amount.
Additionally, North and South Carolina state law allows for treble (triple) damages in certain cases. We suggest you contact an attorney if you do not fully understand the ramifications of non-payment.
We are certain you, just like our technicians and our company, depend on income - to live. If you dispute services were provided, please itemize your dispute and provide in writing via USPS postal mail if you prefer.
13.5 SERVICE CALLS or DIAGNOSTIC SERVICE consists of a Hot Tub Urgent Care, LLC technician attempting to diagnose the issue over the phone, retrieving the parts from our warehouse that he believes will correct the problem (if applicable or possible), and commuting to your residence. The tech, under your direction will diagnose components in your spa before he completes an inspection report and 1-3 work estimates (verbal or in writing). At this time, the diagnostic fee is due and payable. Once the tech is paid the diagnostic fee of $145, he will either complete the repair or if time constrained or lacking inventory, will schedule the repair to suit all parties. If the buyer is unable to make payment prior to the tech leaving the property, no additional work will be completed until payment has been received. If you prefer to complete the repair yourself; we will, upon payment in full of said diagnostics, provide a list of defective parts and even instruct you briefly on the proper techniques to install the parts. If you decide to fix it yourself based on us telling you what is wrong, you still have to pay all applicable charges. If you plan on paying with a credit card you must advise at time of appt scheduling. We will email you an invoice so you can PayPal, Google Checkout or use our Secure Server so you can pay online once the tech has completed the diagnostics. If parts are to be shipped to you, payment via credit card in full is recommended and appreciated. We are easy to get along with and obviously want your business and happiness.
13.6 CONTEMPORANEOUS WORK: This is work completed as a separate task from diagnostics. (e.g. cleaning spa, replacing screws, cleaning filter, repairing unrelated items such as plumbing failures, cabinet deterioration, landscaping etc.). Upon completion of the initial visit - full payment is required for all services prior to scheduling any follow-up appointment (if applicable and foreseen).
13.7 LIMITED WARRANTY: To Buyer, as original purchaser of the Goods, Hot Tub Urgent Care, LLC warrants its repairs, services and products free from defects in materials and workmanship for a period of 90 days from the date of purchase. Parts which fail or become defective during the warranty period, except as a result of freezing, negligence, improper installation, use or care, shall be repaired or replaced, at our option, within ninety (90) calendar days of the receipt of the defective product, barring unforeseen delays. To obtain warranty, replacements or repair, defective components or parts should be returned, transportation paid, to the place of purchase. No returns may be made directly to the factory without the express written authorization of Hot Tub Urgent Care, LLC. Pump housing/strainers which become defective during the warranty period, except as a result of freezing, negligence, improper installation, use or care, or as the result of use in association with an automatic valving system, shall be repaired or replaced, at Hot Tub Urgent Care, LLC’s option, without charge for material. A labor charge may occur if applicable based on your distinct warranty. All other conditions and terms of the standard warranty apply. Hot Tub Urgent Care, LLC shall not be responsible for cartage, removal and/or reinstallation labor or any other cost incurred in obtaining warranty replacements. The foregoing warranty does not apply to components manufactured by others. For such products, the warranty established by the respective manufacturers will apply.
13.8 LIMITATION ON IMPLIED WARRANTIES: Implied warranties, including any warranty of merchantability imposed on the sale of the goods under state law, are limited to one-year duration for the goods or any parts.
LIMITATIONS OF LIABILITY: THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT Hot Tub Urgent Care, LLC’S LIABILITY HEREUNDER. EXCEPT FOR BODILY INJURY OR DEATH OF A PERSON, UNDER NO CIRCUMSTANCES WILL Hot Tub Urgent Care, LLC, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANYONE UNDER ANY PRODUCT ORDER, SCHEDULE OR TERMS AND CONDITIONS HEREIN, UNDER ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE OR FORESEEN, FOR:(1) BUSINESS INTERRUPTION COSTS, COST OF REWORK, RETESTING, PROCUREMENT OF SUBSTITUTE GOODS, REMOVAL AND REINSTALLATION OF GOODS; OR(2) ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LITIGATION COSTS, LOSS OF EQUIPMENT, PRODUCTION OR PROFIT, GOODWILL, LOSS OF REVENUE, OR LOSS OF UNITS; COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF Hot Tub Urgent Care, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THERE IS A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT OR WHETHER ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. Hot Tub Urgent Care, LLC’S LIABILITY AND BUYER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER WARRANTY, IN TORT (INCLUDING NEGLIGENCE,) IN STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND SHIPMENT COSTS.
13.9 INDEMNIFICATION: Buyer will defend and indemnify Hot Tub Urgent Care, LLC and its directors, employees, agents, customers, end users, successors and assigns from and against all actual and alleged claims, liabilities, suits, damages, losses and expenses (including attorney’s fees and legal costs) arising from, or caused in whole or in part, by buyers breach of any provision, term or condition of purchase.
14.0 BINDING EFFECT: All sales transactions are binding on Hot Tub Urgent Care, LLC and the buyer and their respective directors, officers, employees, agents, subcontractors, successors and permitted assigns.
14.1 GOVERNING LAW: All transactions will be interpreted and enforced under the laws of the State of North and South Carolina (including without limitation the Uniform Commercial Code as adopted by North and South Carolina), without recourse to the conflict of laws provision thereof. In no event will the provisions of the UN Convention of the International Sale of Goods apply to any purchases. Hot Tub Urgent Care, LLC and buyer agree that any action or proceeding arising out of or in connection with any sale of product or service, will be brought exclusively Para 12.3 Supra.
14.2 THE LIMIT OF LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT PAID OR PREPAID ON ACCOUNT BY BUYER FOR THE GOODS GIVING RISE TO SUCH CLAIMS. BUYER SHALL BE DEEMED TO ASSUME ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR MISUSE OF THE GOODS BY BUYER, ITS EMPLOYEES, CUSTOMERS AND OTHERS. SELLER SHALL NOT BE LIABLE FOR AND BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY GOODS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS.EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS HEREIN ARE MATERIAL, BARGAINED FOR BASES OF ANY ORDER OR CONTRACT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER ANY ORDER OR CONTRACT AND IN THE DECISION BY EACH PARTY TO ENTER INTO SUCH ORDER OR CONTRACT.
14.3 Copyright Notices: Cal Spas® is a registered trademark of California Acrylic Industries, Inc., Aqua-flo® is the registered trademark of LSP Products Group, Inc., Vico® is a registered trademark of Vico Industries, Waterway® is a registered trademark of Waterway Plastics, Federal Copyright - Hot Tub Urgent Care, LLC, Tub Urgent Care, LLC © 2019
All comments, inquiries and requests relating to our terms and conditions are welcomed and should be addressed to Hot Tub Urgent Care, LLC, 4605 Ashmont Drive, Raleigh, NC 27614.
15.0 LEGAL AGREEMENT AND DISPUTE RESOLUTION PROCESS FOR ALL DISPUTES
INFORMATION THAT WE COLLECT FROM YOU
When you visit, register or order products or services you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us. To maintain customer service standards and to assist staff training, we may record and monitor incoming and outgoing emails and or calls.
USE OF YOUR INFORMATION
Your information will enable us to provide you with repair or service-oriented assistance as well as access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you were necessary concerning your orders. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know and we will immediately halt all communication.
DISCLOSURE OF YOUR INFORMATION
The information you provide to us may be accessed by or given to third parties who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfill and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties, but this will not include information that can be used to identify you.
Where you have consented when providing us with your details, we may also allow other companies in our group, to contact you occasionally about products and services which may be of interest to you. They may contact you by e-mail. If you change your mind about being contacted by these companies in the future, please let us know at firstname.lastname@example.org.
Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy. Unless required to do so by law, we will not otherwise share, sell or distribute any of the
information you provide to us without your consent.
Cookies are small amounts of information which we may store on your computer.
Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalize the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at . In that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know.
SECURITY AND DATA RETENTION
We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires
ACCESSING AND UPDATING
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at email@example.com - We are entitled by law to charge a fee of $10.00 to meet our costs in providing you with details of the information we hold about you.
CHANGES TO OUR POLICY
Any changes to our policy in the future will be posted to the website and, where appropriate, through e-mail notification.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to 4605 Ashmont Drive, Raleigh, NC 27614.
16.0 ADDITIONAL LEGAL PROVISIONS
Notice - Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by facsimile, or (d) by email with return receipt requested; or e) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as
Hot Tub Urgent Care, 4605 Ashmont Drive, Raleigh, NC 27614
or to such other address as either party may from time to time specify in writing to the other party. Any notice shall be effective only upon delivery, which for any notice given by facsimile shall mean notice which has been received by the party to whom it is sent as evidenced by confirmation slip.
Modification of Agreement This Agreement may be supplemented, amended, or modified by the Seller without notice and at any time.
Entire Agreement This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
Attorney Fee Provision In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
Severability of Agreement If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
Survival Except as otherwise expressly provided in this Agreement, representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to be a part of this Agreement, shall survive for 20 years after the date of this Agreement, or as long as allowed by law.
Ambiguities Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
Waiver No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
Headings The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.
Necessary Acts, Further Assurances The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
Consent to Jurisdiction and Forum Selection The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in South Carolina. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non convenient or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in [state/province] shall have jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
Execution This Agreement may be executed in counterparts and by electronic transmittal i.e. Email, Online Appointment Scheduling, phone or fax.
Jury Trial Waivers To the fullest extent permitted by law, and as separately bargained-for-consideration, each party hereby waives any right to trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or relating to this Agreement.
Specific Performance The parties acknowledge that it will be impossible to measure in money the damage to them caused by any failure to comply with the covenants set forth herein, that each such covenant is material, and that in the event of any such failure, the injured party will not have an adequate remedy at law or in damages. Therefore, the parties consent to the issuance of an injunction or the enforcement of other equitable remedies against them at the suit of the other, without bond or other security, to compel performance of all of the terms of all terms herein, and waive the defense of the availability of relief in damages.
Representation on Authority of Parties/Signatories Each person doing business with Seller is herein bound to this Agreement and represents and warrants that he or she is duly authorized and has legal capacity to bind themselves to this Agreement. Each party represents and warrants to the other that the acceptance of this Agreement and the performance of such party’s obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
Force Majeure No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party’s financial condition or negligence).
Assignment Neither party shall voluntarily or by operation of law assign, hypothecate, give, transfer, mortgage, sublet, license, or otherwise transfer or encumber all or part of its rights, duties, or other interests in this Agreement or the proceeds thereof (collectively, “Assignment’), without the other party’s knowledge.
All of the repair programs Hot Tub Urgent Care, LLC offers; require a monthly payment to maintain the coverage, for the length of the agreement above and for the original purchaser only. If any payment becomes 30 days past due, the account is placed on hold and a lapse in coverage occurs. A fee of $150 plus all past due amounts must be paid to reinstate the agreement. Furthermore, Dealer has the exclusive right to cancel the agreement for end user's failure to pay as agreed herein. A site visit and spa examination is mandatory before the program is reinstated. Failures during a lapse in coverage are not covered. Dealer also has the right to collect the money owed , in which case, the end user or prospective end user should read these Terms and Conditions thoroughly. All of the programs, when combined with Used Spa Sales Specifically EXCLUDE Covers; leaks; stereo equipment or (radio, tape, cd) players; lights (fiber optic, incandescent, LED or otherwise); or, the structure where it meets the ground. It is the policy of Hot Tub Urgent Care, LLC to never warranty any work completed repairing leaks or any of the other exclusions listed for more than 30 days from the date we are completed repairing the item for which you retained us and subsequently paid. If your payment is or was not processed within 90 days of the due date, with or without demand, your warranty is VOID.
We stand behind every spa sold, when listed and sold exclusively on our site and or in our store - with a 90 day Basic Used Hot Tub Agreement. Excludes Discounted sales or sales via third parties or Reduced Rate Craigslist specials unless specifically noted in contrast on the ADVERTISEMENT AND YOUR PURCHASE RECEIPT. CSG does not accept any liability or requirement to perform due to failures of the following items or item to operate. We due not guarantee any Lights, Fuses, Switches, Buttons, Third Party Accessories, Radio or Stereo components; none of which are covered by warranty. If you negotiate a price lower than the price listed on our website, you will receive no warranty included in the Reduced Price. However, warranties are available for $10 a month and up on many items - if we sell it or repair it then we will service it. Withstanding, our reservation to allow our technicians the right to refuse service to anyone.
What is NOT covered under your warranty? Posted Eff. 05/1/2019
The warranty shall be invalid if the item we repaired has been subjected to any alterations, misuse, abuses, or if any repairs are attempted by anyone other than an authorized Hot Tub Urgent Care, LLC Service Agent.
1) Damage resulting from operating the spa at a water temperature outside the range of 65 degrees F to 108 degrees F for any reason.
2) Damage or discoloration resulting from improper maintenance.
a) The use of sanitizers such as Tri-chlor (tablets or sticks). Calcium hypochlorite, sodium hypochlorite, and any chemical that may dissolve or remain undissolved on the shell or cabinet surface.
b) The use of caustic cleaning solutions such as “409” brand cleaners.
3) Pressure switches, pump seals, heater due to improper water chemistry
4) The cabinet wear or appearance. (Material reacts differently to various environmental conditions.)
5) Stereo and/or Television Components and/or lighting and lights and/or power supply converter to include DVD players and/or Antennas and/or fuses.
6) Damage caused by failure to follow procedures defined in owner’s manual.
7) Damage caused by improper or incorrect electrical hook-up.
8) Spa pillows, light bulbs, filters, escutcheons, fuses and spa hose bib.
9) Scratches or damage caused by normal use.
10) Damage by moving the spa.
11) All spa accessories and add on jet accessories.
12) GFCI nuisance tripping is not covered by any warranty.
13) Acts of Nature, and damage caused by animals, rodents and insects are considered abuses and are not covered under this warranty.
14) Draining water from the spa in cold weather, where freezing water and ice will damage the spa and its components.
15) Flow Switch adjustments are not covered under warranty.
16) Damage from Ground Settling or Shifting
17) Any damage caused by foreign debris or substance regardless of cause.
18) Spa Covers
I received a copy of, understand and agree with these exclusions. I understand only items replaced and paid for are covered by this agreement. A warrantied service call the first ninety days is free (up to one visit). Thereafter a labor rate of 50% of the then current Standard Level 1 Labor rate is applicable. Return to Manufacturer warranties - requires prepayment of estimated freight in addition to any applicable part and labor deductibles. If multiple parts have failed, a deductible may apply to each item. I understand my spa will be unusable while a warranty exchange is in process unless I participate in an extended care program or pay for loaner parts.
This warranty applies only to hot tubs located in South Carolina, North Carolina, Virginia and Georgia and excludes trade sales, hot tubs used for commercial purposes and former demo/rental hot tubs or units and or components where the balance has not been paid in full. Unless otherwise specified - this warranty covers parts only, parts are required to be returned at the owners cost, no labor is covered by manufacturer This warranty is a return to manufacturer warranty and honored by THE MANUFACTURER AND Hot Tub Urgent Care, LLC Service & Repair Co., During the covered labor period, if any, a warranty exchange fee will apply unless customer ships parts back to manufacturer. WARRANTY APPLIES ONLY IF ITEM BELOW IS REPLACED; PAID FOR; AND SO MARKED HEREON. Inclusive of Parts and ONLY parts purchased through and installed by Hot Tub Urgent Care, LLC. Reduced Labor Charges will apply unless a separate labor service agreement is purchased. By executing this document, you agree you have studied and agree to be bound by the Terms and Conditions hereon
VALIDITY: This agreement is only valid to the original owner and does not cover damage caused by neglect, misuse, wear and tear, improper electrical connection, freezing, Acts of God (or Mother Nature), water chemistry or leaving the empty hot tub exposed to the sun. All items are warrantied to be free from manufacturer defects on the date installed. Free Accessories, OR items for which you are not charged - are not covered by this agreement. NOTE: When installing the hot tub within or on a decking or patio the service door must be accessible for pump and control pack repair. If a leak or malfunction should occur in an inaccessible place it is the customers’ responsibility to make this accessible to the technician. This agreement shall be invalid if the item repaired has been subjected to any alterations, misuse, abuses, or if any repairs or relocations are attempted by anyone other than an authorized Hot Tub Urgent Care, LLC Authorized & Certified Repair Technician.
PART DEDUCTIBLE: All Pumps, Heaters, Blowers, Turbos', Fiber Optic Boxes, Misters, Control Packs, Topside Controls, and Miscellaneous Electrical Components have a deductible no greater than $250. Seller will repair or replace and may substitute other items with similar performance at their sole discretion. Replacement under any program is not applicable at a discount pursuant failure as described by the exclusions noted below or if contracted warranty term has expired. A deductible waiver agreement is available for a fee and must be noted on your original sales invoice to be valid. Deductibles are variable and are typically 25% of the MSRP of an item. Average deductibles for all NEW and UNUSED replacement items are $150 or less, excluding Controllers, Packs and Topsides, which average a deductible of $250. The deductible may vary from year to year as prices decrease or increase. If an item is repaired, the average deductible for a repair is $50.
EXCLUSIONS: Damage resulting from operating the spa at a water temperature outside the range of 65 degrees F to 108 degrees F for any reason. - Damage or discoloration resulting from improper maintenance. - The use of sanitizers such as Tri-chlor (tablets or sticks). Calcium hypochlorite, sodium hypochlorite, and any chemical that may dissolve or remain undissolved on the shell or cabinet surface. B) The use of caustic cleaning solutions such as “409” brand cleaners. - Pressure switches, pump seals, heater due to improper water chemistry after 12 months. - The cabinet wear or appearance. (Wood reacts differently to various environmental conditions.) - Stereo and/or Television Components and/or lighting and lights and/or power supply converter to include DVD players and/or Antennas and/or fuses. (after 12 months from date of purchase) - Damage caused by failure to follow procedures defined in owner’s manual. Damage caused by improper or incorrect electrical hook-up. Spa pillows, light bulbs, filters, escutcheons, fuses and spa hose bib. Scratches or damage caused by normal use. Damage by moving the spa. All spa accessories and add on jet accessories. GFCI nuisance tripping is not covered by any warranty. Acts of Nature, and damage caused by animals, rodents and insects are considered abuses and are not covered under this warranty. Draining water from the spa in cold weather, where freezing water and ice will damage the spa and its components. Flow Switch adjustments are not covered under warranty. Damage from settling or ground shifting. Any damage caused by foreign debris or substance regardless of cause.
LABOR AGREEMENT: I received a copy of this agreement. I understand only items replaced and paid for are covered by this agreement. A warrantied service call the first ninety days is free (up to one visit). Thereafter a labor rate of $50 hourly is applicable. Return to Manufacturer warranties - require prepayment of estimated freight, in addition to any applicable part and labor deductibles. If multiple parts have failed, a deductible may apply to each item. I understand my spa will be unusable while a warranty exchange is in process unless I participate in an extended care program.
With any of our Services, Customer must Maintain Purchase Receipt and Proof of Payment, to Confirm Paid Replacements; Deductibles may apply. Agreements cover replacement Parts in similar condition of similar quality. If unavailable, newer or upgraded parts may be provided. Agreements are Fee Transferable.
† No Warranty other than what is stated herein is expressed, implied or honored.
BELOW IS AN EXAMPLE OF OUR EXTENDED SERVICE AGREEMENT - PRICES ARE SUBJECT TO CHANGE AND ANY PRICES NOTED ON DOCUMENTS PRESENTED BY TECHNICIANS OVERRIDE THE PRICES NOTED ON THE DOCUMENT HEREUNDER.
With all of the Services noted below, Customer must Maintain Purchase Receipt and Proof of Payment, to Confirm Paid Replacements; Deductibles may apply. Agreements cover replacement Parts in similar condition of similar quality. If unavailable, newer or upgraded parts may be provided. Agreements are Fee Transferable.
The below listed extended service agreements are available through your dealer or repair technician. Payment & Payment arrangements are made directly though the technician.
PRICES NOTED ARE SUGGESTED PRICING. THE PRICE SET FOR CUSTOMERS MUST INCLUDE THE SETUP FEE
____ ____ SILVER PARTS AGREEMENT – PUMP Hot tub's pump for 24 Months. PLUMBING Only the following plumbing components: jets and glued fittings - against water loss due to defect in workmanship and materials, to the customer for the period of 6 Months & only applies to items we actually replaced. ð EQUIPMENT The hot tub's equipment - specifically the hot tub electrical computer control board “Spa pack” for 24 Months; “topside” control keypad 24 Months; ð COMPONENTS The hot tub's equipment - specifically the hot tub electrical component denoted here as a ð Temperature Sensor for 6 Months. ð Hi-Limit Sensor 6 Months. pressure Switch 6 Months. ð Flow Switch 6 Months. ð Heater Element 24 Months
This is a 24-month non-cancellable term agreement. (PREPAY FOR A DISCOUNT)
____ ____ GOLD PARTS AGREEMENT –ð PUMP Hot tub's pump for 36 Months. plumbing Only the following plumbing components: jets and glued fittings - against water loss due to defect in workmanship and materials, to the customer for the period of 9 Months; ð EQUIPMENT The hot tub's equipment - specifically the hot tub electrical computer control board “Spa pack” for 36 Months; “topside” control keypad 36 Months; ð COMPONENTS The hot tub's equipment - specifically the hot tub electrical component denoted here as a ð Temperature Sensor for 9 Months. ð Hi-Limit Sensor 9 Months. Pressure Switch 9 Months. ð Flow Switch 9 Months. ð Heater Element 36 Months.
This is a 36-month non-cancellable term agreement. (PREPAY FOR A DISCOUNT)
____ ____ PLATINUM PARTS AGREEMENT – PUMP Hot tub's pump for 60 Months. plumbing Only the following plumbing components: jets and glued fittings - against water loss due to defect in workmanship and materials, to the customer for the period of 12 Months. ð EQUIPMENT The hot tub's equipment - specifically the hot tub electrical computer control board “Spa pack” for 60 Months; “topside” control keypad 60 Months; ð COMPONENTS The hot tub's equipment - specifically the hot tub electrical component denoted here as a ð Temperature Sensor for 12 Months. ð Hi-Limit Sensor 12 Months. pressure Switch 12 Months. ð Flow Switch 12 Months. ð Heater Element 216 Months.
This is a 60-month non-cancellable term agreement. (PREPAY FOR A DISCOUNT)
____ ____ LIMITED LIFETIME EXTENDED PARTS CARE PROGRAM AGREEMENT – Customer must Maintain Purchase Receipt and Proof of Payment. Additionally, this program requires a monthly payment to maintain coverage for as long as the original purchaser owns the spa, if any payment becomes 30 days past due, a lapse in coverage occurs and a fee of $150 plus all past due amounts must be paid. A site visit and spa examination are mandatory before the program is reinstated. Failures during a lapse in coverage are not covered. ð PUMP Hot tub's pump(s). plumbing Plumbing components: jets and glued fittings - against water loss due to defect in workmanship and materials. ð EQUIPMENT The hot tub's equipment - specifically the hot tub electrical computer control board “Spa pack”; “topside” control keypad; Heater element and Housing; ð COMPONENTS Hot Tub Urgent Care, LLC warrants the hot tub's equipment - specifically the hot tub electrical component denoted here as a ð Temperature Sensor; ð Hi-Limit Sensor; Pressure Switch; ð Flow Switch; ð Heater Element.
This is a 120-month non-cancellable term agreement. (PREPAY FOR A DISCOUNT)
____ ____ EXTENDED AGREEMENT FOR LABOR - Our Extended Labor Agreement covers up to 2 Site Visits, 2 hours’ Drive time in addition to a total of 4 hours of labor each year. The average repair takes Two hours, so this agreement typically averages a Zero Labor deductible for TWO REPAIRS. There are exclusions, please ask your dealer for additional details. (Our Most Popular)
This agreement may be cancelled by either party with 90 days’ notice.
____ ____ EXTENDED AGREEMENT FOR DEDUCTIBLE WAIVER - Our Extended Deductible Waiver Agreement covers up to 2 Complete Repairs Annually. This Agreement includes the following deductibles: Manufacturer charged Part Exchange Deductible; Dealer charged "No-Waiting" Part Exchange Deductible; Costs to Ship Defective Goods to Manufacturer; Any Shipping Costs charged by the Manufacturer returning parts to Dealer or End User. The average part exchange down time is mere hours with this incredible protection agreement. There are exclusions, please ask your dealer for additional details. (Our Most Popular)
This agreement may be cancelled by either party with 90 days’ notice.
All agreements may not be sold or transferred without prior written permission of the Dealer. If a monthly payment is missed, the agreement is placed on hold for 3 months. If a payment is not received during those 3 months bringing the account current. Dealer reserves the right to cancel or void the agreement. Any of the agreements herein have a value of one cent. Agreement may be cancelled by the dealer for fraud, abuse, unsafe conditions or failure of End User to properly maintain their spa. A Bi-Annual Cleaning is required with this service. All scheduled payments shall be done by ACH or EFT and shall be completed without demand. If at any time, a payment is not processed, it it the end user's responsibility to correct the issue and contact the dealer regarding payment arrears.
End of Terms and Conditions