Agreement. If Buyer has not otherwise agreed to these Terms of Sale, then Buyer’s acceptance of delivery of, or payment for, the goods of Seller (the “Products”) and/or the services of Seller (the “Services”) shall constitute Buyer’s agreement to these Terms of Sale. Seller objects to and will not agree to any terms that are additional to or different from these Terms of Sale. Terms that are printed on or contained in a purchase order or other form prepared by Buyer that are additional to or different from those herein shall be considered inapplicable and shall have no force or effect.
Payment Terms. Payment Terms are subject to the sole discretion of Spa and Pool HQ. Unless otherwise agreed to by Spa and Pool HQ, payment must be received by Spa and Pool HQ prior to acceptance of the order. Payments may be made by credit card, personal or corporate check, or some other prearranged payment method unless credit terms have been agreed to by Spa and Pool HQ. Invoices are due and payable according to the terms stated on the invoice. Special order products such as custom-order spa covers and billiard table covers may not be cancelled once the order has gone into production at the manufacturing facility. All special order product orders are PREPAID in advance of order fulfillment.
Shipping Charges. Charges for shipping and handling will be shown on the invoice(s). Shipping inside of the continental United States is free for most products on orders exceeding $75.00 USD. Notable exceptions are the inside delivery and other miscellaneous charges that may imposed by the freight carrier. Please feel free to call us if you feel that you might have a difficult delivery location that may be applicable to these charges. Shipping charges whether charged or not charged due to free shipping promotion are non-refundable and will be deducted from any refund on a returned item.
Title. Title to products passes from Spa and Pool HQ to the customer upon receiving them from Spa and Pool HQ or partner facility and full payment has been received.
Shipping Damage.
PRODUCTS SHIPPED VIA PACKAGE SERVICES (UPS, FEDEX, DHL). Most of our products are shipped via UPS Ground. Since these shipments are generally not signed for, In the case of damage, please contact our office and we will send you replacements for the damaged items and will file the claim on your behalf.
Products. Spa and Pool HQ reserves the right to revise and discontinue products at any time.
Sales and Coupons. Spa and Pool HQ may, from time to time, run promotions, coupons and sales on their offered products. These sale prices and coupon offers are only good during the specified time period and may be discontinued at any time.
Referrals. From time to time, Spa and Pool HQ may refer our customer to another vendor for a specified reason. Spa and Pool HQ will, in no way, be liable for any transaction that occurs after such a referral.
Cancelling Orders. Refusal of delivery of product does not constitute a refund.
Indemnity. Buyer shall indemnify, defend and hold harmless Seller with respect to all damages, losses, claims and expenses, including consequential and incidental damages and attorney fees, that Seller incurs as a result of Buyer’s breach of any of Buyer’s obligations under these Terms of Sale.
Seller’s Rights. Seller has all rights and remedies that applicable law gives to sellers. Seller’s rights and remedies are cumulative, and Seller may exercise them at any time and from time to time. Seller’s waiver of any right on one occasion shall not be a waiver of any future exercise of that right.
Time For Bringing Action. Any action that Buyer brings against Seller for breach of these Terms of Sale or for any other claim that arises out of or relates to the Products or the Services must be brought within one year after the cause of action accrues.
Applicable Law. These Terms of Sale shall be considered to have been agreed upon in the State of Iowa, and shall be governed by and interpreted according to Iowa law. Either party may bring any action that arises out of or relates to these Terms of Sale in any federal or state court in Polk County, Ohio that has jurisdiction of the subject matter, and Buyer irrevocably consents that any such court shall have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum.
Export Laws. Buyer acknowledges that Seller is subject to regulations of governmental agencies that prohibit export of certain products to certain countries. Buyer warrants that it will comply in all respects with the export restrictions applicable to the sale.
Severability. If any provision of these Terms of Sale is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to conform to such laws or regulations without materially altering the intention of the Parties, or it will be stricken and the remainder of these Terms of Sale will remain in full force and effect.