When the site is ready, the undersigned (“Buyer”) must call to request and schedule delivery of the Spa, Sauna, or Swim Spa (“Product”). Deliveries are scheduled Monday through Friday, between the hours of 8am to 4pm.
A clear, level, unobstructed path must be provided from the unloading site to the Product installation site. Please check the manufacturer’s installation guide for outside Product dimensions. All gates, doorways, and other openings that the Product has to pass through from the unloading site to the spa installation site must be measured and must be at least one (1) inch larger than the outside dimension of the Product. Stairways and bulkheads must be pre-approved by Solana Spas (“Seller”). Buyer is responsible for any damage to the Product or Buyer’s property due to poor clearances. Seller shall not be responsible for removing debris, gates, fences, doors, landscaping, windows, retainer wall or perform other general maintenance in order to deliver the Product. Seller is not responsible for scuff marks on Buyer’s deck caused by sliding the Product. To avoid scuff marks, Buyer can provide plywood to lay over the deck. Seller is not responsible for wear to the ground due to the equipment used to deliver the Product. Buyer hereby releases Seller, its owners and employees, for negligence and HOLDS HARMLESS Seller, its owners and employees, from any loss, expense or cost, including attorney’s fees, arising out of any damages and injuries, whether to persons or property, occurring as a result of transporting and delivering the Product.
Our standard, ground level, unobstructed delivery fee includes travel up to thirty (30) miles from Portsmouth and up to sixty (60) minutes at the Buyer’s site. In that time, the average Product can be set on a ground level unobstructed deck or pad, no higher than two (2) feet from the ground. If delivery takes longer than sixty (60) minutes, then the Buyer will be charged at the standard Service hourly rate of $165.00 for each additional sixty (60) minutes, per person. A ground level, local delivery requires a minimum of two (2) persons to place the Product. If the Product needs to be placed on its side to be moved in to place, then Buyer will be subject to an additional fee of $165 per person. The Buyer, or Buyer’s representative, will need to be present at the delivery site to accept the Product and pay all outstanding balances. The Buyer, or Buyer’s representative, may be asked to assist the delivery crew with placing the Product.
An elevated or obstructed delivery will require additional persons and/or equipment to place the Product. The final determination of required persons and/or equipment needed will be made by Seller prior to the delivery with a site visit. The Buyer is responsible for any cost incurred if additional persons and/or equipment are required.
If Buyer chooses to hire their own delivery crew, Seller is not liable for any damage or injuries incurred during the loading, moving or placing of the Product.
If the Product must be re-delivered for any reason subject to Seller’s discretion, the Buyer will be charged an additional re-delivery fee of at least $300.
Seller does not provide electrical installations.
Proper Support Base (Spas & Swim Spas) – The base must be flat, even, level and at least as large as the spa or swim spa base. The support base should be able to support at least 125 lbs. per square foot. Fore more information, refer to the manufacturer’s installation guide.
Electrical Hookup – All line voltage hookups must be installed by a licensed electrician and are not covered in the purchase price of the product. All spas and swim spas require a dedicated G.F.C.I. protected circuit. For outdoor installations, please have the G.F.C.I. installed in an outdoor disconnect box. Saunas can not be installed using G.F.C.I. circuits. Solana Spas can not work on electrical installations.
Equipment Access (Spas & Swim Spas) – Proper access must be left to service plumbing and electrical components. Reasonable access includes the equipment side as well as other panels surrounding the spa or swim spa. Labor and materials used to gain service access are not covered by any warranty. For more information, refer to the manufacturer’s installation guide.
Winterizing (Spas & Swim Spas) – The spa or swim spa must be properly winterized when not in use and subjected to freezing temperatures.
Solana Spas is not responsible for spas operated, started, or shut down in freezing temperatures. During freezing conditions we recommend checking on your spa or swim spa daily.
Warranty – Please review the manufacturer’s warranty (provided on delivery and available online prior to delivery). Once delivered, it is important to register the warranty with the manufacturer. Travel time to the products location is not covered by the manufacture’s warranty and is the responsibility of the Buyer. For products located within sixty (60) miles of Portsmouth, NH,
Solana Spas will cover travel time for warranty work for thirty (30) days from the delivery date. After thirty (30) days, the buyer will charged a travel fee of $105.00 per hour of driving. Neither the manufacturer nor
Solana Spas can be held responsible for consequential damage caused by leaking, freezing or any other malfunctions.
Orientation – Please try to review all written information provided prior to operating your product for the first time. Our delivery team will give you a brief overview of the Product at time of delivery. We strive for our customer to be educated on proper maintenance of their products. Within twenty-four (24) to forty-eight (48) hours of your Product being operational, please contact your sales representative to schedule your virtual or in-person orientation.
This Sales Contract constitutes the entire agreement between Buyer and Seller, and no term may be waived or modified except in writing signed by both parties. There are no warranties, expressed or implied, by Seller to Buyer, except as contained herein. Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.
In the event that any suit or action is instituted by the Seller in good faith to enforce any provision in this Sales Contract, the Seller shall be entitled to recover from the Buyer reasonable attorney’s fees, costs and expenses incurred by the Seller.
The waiver by any party of any provision of this Sales Contract shall not operate as, or be construed as, a waiver of any subsequent breach thereof.
Should any provision of this Sales Contract or any portion of any provision of this agreement be held invalid or unenforceable according to law, the remaining portions hereof shall not be affected thereby, but shall continue in full force and effect.
This Sales Contract shall be enforced in accordance with the laws of the State of New Hampshire.
I, the undersigned Buyer, have read, understand, and agree to the terms of this Sales Contract.
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Emerald Pool & Spas
208 W 200 N Suite 1 & 2,
Kaysville, UT 84037