Terms and Conditions

Definitions

In these terms and conditions all reference to “us” and “we” are reference to Softub Midlands Ltd and all references to “you” and “your” are reference to the customer, as detailed overleaf.

1. General

These terms and conditions override any conditions stipulated by us unless the others are expressly accepted by you, in writing.  By ticking the box and paying the security deposit it is deemed to be acceptance of these Terms and Conditions by you.

2. Prices.

Prices charged are those ruling at the agreed date of dispatch to you. In the event of any alterations required by you to specification, quantity, place or date of delivery, we are entitled to vary the price.

3. Deposits

a. Upon reserving a Softub for hire, a £100 deposit will be payable to us, of which £100 will be returned at the end of the hire period (as specified overleaf), subject to the Softub and any additional equipment you hire, being returned to us in the same condition as it was in at the time of delivery to you. If you are hiring a gazebo, then it is your responsibility to ensure it is taken down in the event of obvious high wind or forecast high wind.

b. Company cheques or personal cheques must clear through the banks prior to delivery of goods.

4. Payments.

a. Final payment is required on delivery of the goods and must be by cash, Bank cheque or Building Society Cheque. Personal Cheques will not be accepted at the time of delivery.

b. We reserve the right to charge interest on payments outstanding at a rate of 2.5% per month or part month.

c. Whether or not you have paid in full, liability and costs for any damage and/or alteration to goods following delivery to the installation site is your responsibility.

d. Any payment is a hire charge only, and the goods shall remain our absolute property. No title shall pass to you, and you will be required to deliver up the goods to us at the end of the specified hire period (as detailed overleaf). In default of delivery up of the goods to us, we (or our agent) will be entitled to enter the premises or property where the goods are installed, disconnect electrical connections and/or recover the goods. Should we for any reason not be able to recover the goods then you will be liable to pay the full RRP for the goods at the price stated on our sales literature.

e. Any deposits or payments can be held in part or in full by us to recover associated costs as assessed by us.

5. Delivery.

a. Any time or day of delivery named is intended as an estimate only and is not the essence of the contract.

b. If any cause outside our control, or any unforeseen contingency renders it impracticable for us to execute any order or delivery, we reserve the right to cancel the order or part of the order and to repay any deposit payment received.

c. We shall not be liable to you or any third party for loss, damage or alteration whether direct or indirect or consequential to any property, undertaking, or event caused by or arising from or connected with any delay in delivery of goods or failure to execute an order or delivery, or cancellation of the contract pursuant to clause 5b)

d. In the event you authorize access through adjacent properties for our use during delivery and installation you are required to obtain permission from the owner(s) of the adjacent properties for such use and you agree to be responsible and accept the risks and liabilities thereof.

e. You are required, at your own expense, to all construction and other acts necessary and to meet all conditions necessary to allow us to install the goods as provided in the contract. You shall direct the location of the goods and there shall be no liability on our part for incorrect location, or for encroachment or interference thereby upon the property easements or rights of any other parties.

f. Failure on your part to ensure all preparations completed for goods installation and operation for the agreed time and date can result in us returning the goods to the security or our premises and we reserve the right to make additional charges for any direct, indirect or consequential costs.

g. We (or our agents) will not be held liable for any damages or injuries to goods, property or personnel arising from inadequate site preparation on the part of you or his agents.

6.  Collection.

If on collection we deem the Hot tub to be in un reasonably dirty state, we reserve the right to retain the deposit or part thereof.

7. Additional works.

a. Where you have work performed by others that is not provided for in this contract, we do not guarantee or warrant such work and we shall not be held responsible for such work or for loss or damages which may result therefrom.

b. We are not responsible for providing any electrical connection service. You are advised to use a professional, N.I.C.E.I.C registered electrician and must ensure compliance with the goods manufacturer’s electrical instructions and specifications.

c. Referrals from us are given as a professional courtesy only. We are not responsible for any conduct or service provided by these referrals

8. Operation and maintenance

The manufacture and/or us (or our agents) will not be held responsible for any adverse consequences to the goods, property or person resulting from failure to comply with manufacture’s operating and/or maintenance instructions.

9. Pre-hiring checklist

a. There must be clear and immediate access for the tub to be moved into position. Minimum Height 2000mm X 760mm for the 5/6 Person Softub and 1850mm X 700mm for the 4 Person Softub. If in doubt, please check with us beforehand.

b. A 13 AMP electrical socket needs to be accessible within 2000mm of the tub motor. Any extension to this needs to be supplied by you and you are responsible for ensuring this is safe. The hot tub will need to be left connected to an electrical supply all the time.

c. The site where the hot tub is to be sited should be sound, reasonably level and free of large stones.

d. Please ensure there are no patio heaters in use nearby and pets are kept away.

e. Keep the water clean and sanitized following the instructions provided on the sheet to prevent chemical damage to the liner.

10. Cancellation

If you cancel the booking within 7 days of the commencement of the hire period, the £100 security deposit will be retained or if not already paid we reserve the right to make a charge of £100 as a cancellation fee.