Spa Shield Terms and Conditions
These Terms and Conditions apply to the ‘Spa Shield – (Extended Warranty Plans) only. (The contractual agreement – referred to as “Plan”) between Hot Tub Assist Ltd (HTA) referred to as the ‘Company’ (“us”, “we”, “our”) and the ‘Customer’ (“you”) and shall continue to apply unless specifically agreed otherwise or varied by us in writing.
For the purposes of these Terms and Conditions this agreement does not extend the terms of your Product warranty for which you should refer to your individual warranty document. The Company will provide an initial inspection to determine any faults and or damage, and subsequently quote for service/replacement of parts, if any, at the location of the product, provided this is within England and Wales, prior to acceptance on to the Plan.
This inspection is chargeable and must be paid in full by debit/credit card, cash or cheque to HTA or their authorised agent on the day of inspection at a minimum charge of £96 inclusive of VAT for the inspection only. We anticipate that the inspection will generally take no longer than 30 minutes to complete however if for any reason the visit takes longer, then labour will be charged at £96.00 per hour in 15 min increments of £24.00 inclusive of VAT. A report will be provided to both the Company and the Customer detailing a quote for any works required prior to acceptance on to the Plan.
The Company warrants that subject to the provisions hereof the product to be in good working order during the period of the plan. The period of the plan is until either the company or you decide to cancel. Cancellation of the plan is required to be requested in writing. The company reserves the right to cancel at any time, for any reason with immediate effect. The contract will automatically continue year on year unless you contact HTA to cancel. In the event that the product is not in good working order during the period of the Plan the Company will provide either; an onsite repair or remedial works at the Company’s absolute discretion. Replacement parts will either be new, equivalent to new or reconditioned. All removed part/replaced parts shall become the sole property of the Company. The customer should retain proof of purchase of the Plan in case this is requested at any time. The Company reserves the right to refuse an application at point of application or at the point of inspection for any reason, however this would normally only be if the product is deemed; beyond economical repair, there is structural damage to the product that can also affect other parts of the product, it is deemed too old or it does not comply with the other points as stipulated herein.
The Company reserves the right to review and adjust the Plans and pricing at any time, for customers that are already on a plan, they will be allowed to continue under the same terms until the end of the current year, up to a maximum of 12 months after the changes are implemented. EG: Changes made to the plans by the company in July 2018. Customers originally signed up in Novemeber 2016, we would expect to change the terms no later than November 2018. We will notify the Customer of any changes prior to expiration so the Customer is aware before renewal.
- Once accepted onto the Plan, payments will be deducted from the Customer’s designated account as per the instructions provided by the Customer on a monthly basis on the 1st day of every calendar month or as near after if the date falls on a weekend or public holiday.
- Any returned or missed payment will be attempted to be claimed within a 15 day period from the original date of payment. If this payment is also returned then either the Customer will be liable for the balance of the full payment of the Plan (remainder of the year, or the Plan will be terminated at the Company’s discretion.
- All payment information entered onto the Company’s website and or provided to the company for the purposes of ongoing payments by Direct Debit are processed by a secure payment process and the information provided is not retained by the Company once the Direct Debit is in place.
- The Direct Debits will continue on a 12 month rolling basis, unless cancelled by the Customer or the Company. If any claims have been made during the 12 month rolling period, then the Customer will be liable for any outstanding warranty premium for that same period.
- The Company reserves the right to refuse an application or terminate an existing cover due to the condition of the spa in question deemed to be miss use or for any other reason.
- Conditions of the Plan unless agreed in writing, the plan will not cover in the following situations:
2.1. Because the Customer has not used, stored, or handled the product properly including maintaining correct water quality or because the Customer is in breach of the terms of this plan or the terms of their own product warranty or has not followed the Company’s written instructions for the product or the manufacturers or damage or defect due to wilful neglect or negligence by anyone other than the Company.
2.2. To loss of quality, degradation of performance or actual damage that results from the use of spare parts or other replaceable items (such as consumable or otherwise) that are neither made nor recommended by the Company.
2.3. Because of the installation of, damage to, or modification to the product by someone else other than authorised Company representatives.
2.4. Because the Customer has connected other fittings or accessories to the product, which the Company is not aware of, or has approved.
2.5. Because of external causes outside of the Company’s control which shall include, accident, fire, disaster, burglary, acts of God, pet or rodent damage or wilful damage.
2.6. Due to the subjection of the product to unusual physical or electrical stress or any failure or fluctuation of electrical power. (The Company will only be responsible for the electrics from the control box within the product onwards, the Electric cable provided to the product is excluded).
2.7. The following items are excluded: filters, silver ions, chemicals, lid clips, navigator, Audio systems, TVs, Clarion lighting, Ace System, Autofresh, Spa Covers (lids), remote controls (except NXT Wireless remote control panels), steps and buildings.
2.8. Repair or replacement of a faulty component or breakdown suffered prior to the commencement of the plan or before the first premium payment is received, is excluded from the plan.
2.9. To products used for purposes other than for private or domestic use or sited at an address other than where the policy holder permanently resides unless authorised in writing by the Company at their discretion.
2.10. To repairs to product not owned by the policyholder and not owned on or prior to applying for this plan. Blistering, splitting, peeling, delamination, chipping, scratching or discolouration of the product shell is excluded under this Plan as is the structural integrity of the product due to a manufacturing defect.
Where a part is replaced a 2-year manufacturer’s part guarantee will be applied and it is recommended that the customer retain a copy of proof of date of purchase/installation to make any future claim in accordance with the manufacturer’s terms of guarantee. The guarantee in such instances is non-transferable.
- As far as the law allows the Company will not be responsible for indirect or consequential damage however caused.
- The Plan is offered subject to these terms and conditions in addition to and does not affect the Customer’s statutory rights.
- These conditions shall in all respect be governed and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
- The Company shall be under no liability under this plan if the total price for the product has not been paid by the due date of payment.
Limitations and Transfer
The benefits of this Plan shall not be transferable without the written consent of the Company. If a transfer of the Plan is agreed by the Company to the new owner of the property then a new signed agreement will be required from the new owner accepting the terms and conditions of the plan and a new payment plan must be put in place. The new customer can upgrade the level of Cover at this time should they wish. The previous owner will be absolved of their obligations as long as payment for the ongoing contract has been secured and agreed by all parties. The Company only accepts Hot Tubs Manufactured by Watkins Manufacturing as we are an approved Watkins Service centre.
Termination and Right to Cancel
- The Company may cancel this Plan by sending 14 days notice in writing direct to the Customer by recorded delivery to the Customers last known address. In that event a proportionate return of the premium will be given less an administration charge of £25.00 and/or for cost of parts provided within the period of the plan.
- This contract is subject to a seven day cooling off period, commencing from the date of signature as stipulated on the Customers Annual Maintenance Plan application. During this time the Customer may cancel the Plan by providing written notice of cancellation to the Company by recorded delivery to the companies contact address as stated below or by email to firstname.lastname@example.org.
- If the customer wishes to cancel the contract at any time prior to 12-month then the full amount owed for the remainder of the first year of the Plan is immediately payable.
Performance & Our Obligations
- The Company shall not be liable to the Customer or be deemed to be in breach of this Plan by reason of any delay in performing or any failure to perform any of the Company’s obligation in relation to the product or inspection if the delay or failure was due directly or indirectly to any cause beyond the Company’s reasonable control including but without limitation act of God, explosion, flood, fire or accident, war or threat of war, prohibitions of any kind on the part of any governmental parliamentary or local authority, embargoes, strikes, block outs and difficulties in obtaining materials, labour, fuel, parts or machinery.
- Appointments by Service Technicians are operated on a Monday to Friday basis excluding public and bank holidays, unless otherwise agreed at the discretion of the Company.
- The Company will endeavour to attend on site within a 7 working day period from the date of the reported fault by the Customer.
- Should a required part take longer than 6 weeks (excluding spa covers and panels) to be received in stock from date of order by the Company representative then the Company will refund to the Customer the equivalent of one month’s fee at their discretion.
The customer shall:
- At all times keep the product maintained in the environmental conditions recommended by the Company and the manufacturer’s owner’s manual including the water maintenance.
- Use the product only in accordance with the Company and that of the suppliers, and manufacturer’s instructions.
- Not allow any person other than the Company’s authorised representatives to adjust, service or repair any part of the product.
- Ensure the Company’s representatives have full and free access to the product and to any records of its use to enable them to perform their necessary duties.
- Provide/disclose to the Company or the Company’s representative or subcontractors with such information concerning the product, exact location, use, location and environment as the Company may reasonably request to enable the Company to carry out their duties.
- Provide general maintenance of the product, surround (wood or plastic) including structural cabinet surround and not withstanding any external fixtures and fittings and buildings which is the responsibility of the customer and not included within this Plan.