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Sales Terms and Conditions

Revision Date: December 29, 2016
  • 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 America's SPA-MART.  Unless otherwise agreed to by America's SPA-MART, payment must be received by America's SPA-MART 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 America's SPA-MART. 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 $100.00 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 America's SPA-MART to the customer upon receiving them from America's SPA-MART or partner facility and full payment has been received.
  • Shipping Damage.
    • SPA COVERS & FIREPIT TABLES VIA LTL CARRIERS. Customers are responsible for proper inspection of the shipment at time of receipt. See spa cover receiving information below. Failure to do a proper inspection may jeopardize the ability to file a freight claim with the carrier. Concealed damage (damage discovered after the shipment is received) that this reported later than 24 hours after receipt may jeopardize the ability to file a claim with the shipping company. Customers have the right to select his/her own freight carrier for large items such as spa covers if they are willing to pay the difference of shipping cost between their selected carrier and our preferred carrier.  Damage and/or loss that occurs during shipment by another carrier is the responsibility of the customer.
      • IF YOUR SPA COVER IS DAMAGED AT ALL, PLEASE REFUSE THE SHIPMENT. No matter what the driver may or may not tell you, you can and must refuse a damaged shipment. In the event of a refused damaged spa cover, the cover will be immediately returned to our facility for inspection and a new unit will be shipped out within 48 hours. If you properly refuse a damaged spa cover, the process is automatic requiring no further action on your part as we will file the claim on your behalf.
      • In the event that the delivery receipt is signed, the purchaser will be responsible for filing the freight claim with the carrier. In this situation, another cover will need to be ordered (and paid for) and the appropriate claim information will need to be submitted along with the original and replacement invoices. The freight carrier will then pay you directly. IT IS EXTREMELY IMPORTANT TO NOT ACCEPT A DAMAGED SPA COVER SHIPMENT. If a damaged cover is signed for, our personnel can advise you on the process, but cannot do the claim for you and the replacement cover must be purchased again.
    • 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.
  • Return Policies. Products may be returned within 30 days of purchase if unused and/or uninstalled. Restocking charges for stocked item products shall be 25% of purchase price if opened. All spa covers returned within 30 days of delivery are not subject to a restocking fee even if they have been used due to our Spa Cover Satisfaction Guarantee. On all returns including spa covers, customer is responsible for cost of return freight and the original outbound freight costs whether charged or not charged due to a free shipping promotion is non-refundable.
    YOU MUST CALL AMERICA'S SPA-MART PRIOR TO RETURNING ANY ITEM TO OBTAIN RETURN AUTHORIZATION. Any products returned without authorization will not be accepted upon delivery and will not be refunded.
    • All returned spa cover lifters and removal devices will be assessed a flat $20 return charge in addition to the outbound freight charges for repackaging and verification of completion of kit.
    • If you need to return an item that you received as a result of an error on our part, we will reimburse you for the return shipping cost, in addition to sending out the correct item.
    • Defective items returned within 30 days will be replaced at our cost including shipping. After 30 days, defective returns are subject to the product's warranty.
  • Products. America's SPA-MART reserves the right to revise and discontinue products at any time.
  • Sales and Coupons. America's SPA-MART 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, America's SPA-MART may refer our customer to another vendor for a specified reason. America's SPA-MART will, in no way, be liable for any transaction that occurs after such a referral.
  • Cancelling Custom-Made Orders. Orders for custom-made spa covers and billiard cover may only be cancelled up to the time at which production has been started. 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 Ohio, and shall be governed by and interpreted according to Ohio 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 Warren 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.

Delivery Notes For Spa Covers

  • Spa covers are too large to ship with package delivery services (UPS Package, Fedex Package, DHL). The must be shipped via LTL Common Carrier Truck.
  • Residential deliveries include prior notification. Business deliveries do not. Prior notification of business deliveries are subject to a notification fee from the freight carrier.
  • Deliveries are made Monday through Friday. There are additional charges for inside delivery. Delivery includes the driver helping you take it off the truck.
  • You or your agent MUST be present during delivery to inspect the shipment for possible damage and sign the delivery receipt stating there is no damage.
  • If the carrier attempts delivery (to a business during normal hours or to a residence during a scheduled appointment time) and no one is available to accept delivery, you may be assessed a redelivery fee by the freight carrier.
  • Inspect shipment for any possible damage to the cover BEFORE signing the delivery receipt. If you are unsure of the extent of possible damage to the box, open the box and inspect the cover BEFORE signing the delivery receipt. If the customer signs for a damaged spa cover, the customer is solely responsible for filing the claim with the carrier and purchasing a replacement.
  • Call us toll-free at (800)823-3618 if you have any questions regarding delivery of your new spa cover.

Responsiblities of Customer Upon Delivery of Spa Covers  (via motor freight carriers)

  • All spa covers must be thoroughly inspected by the receiving party prior to signing the delivery receipt.  Look for any damage.  Open the box, if necessary, while the driver is still there. Note any damage to the cover on the delivery receipt.  If unsure of the nature of the damage from the outside of the box, open the box BEFORE signing the delivery receipt.  If the cover is damaged, DO NOT SIGN the delivery receipt nor accept shipment.

    IT IS THE SOLE RESPONSIBILITY OF THE RECEIVING CUSTOMER TO THOROUGHLY INSPECT THE DELIVERED SPA COVER.  DO NOT SIGN THE DELIVERY RECEIPT WITHOUT FIRST INSPECTING THE PRODUCT. NEVER SIGN FOR A DAMAGED SPA COVER.

    If you discover damage after taking delivery of the spa cover, call both America's SPA-MART and the freight carrier immediately. The earlier you catch the damage, the easier it is to convince the freight carrier to pay the claim!

    IF THE SPA COVER IS DAMAGED, SHIPMENT MUST BE REFUSED. IF THE PURCHASER OR THEIR AGENT SIGNS FOR THE SHIPMENT, THEY WILL BE SOLELY RESPONSIBLE FOR THE FILING OF THE FREIGHT CLAIM AND THE COST OF A REPLACEMENT UNIT. IT IS EXTREMELY IMPORTANT TO NEVER SIGN FOR A DAMAGED SHIPMENT NO MATTER WHAT THE FREIGHT COMPANY TELLS YOU. IF THE SHIPMENT IS DAMAGED, YOU ALWAYS HAVE THE RIGHT TO REFUSE THE SHIPMENT.

    Click here for our Spa Cover Shipping Overview & Details

Spa Cover Satisfaction Guarantee - 30 Day Money-Back Policy

  • This policy was introduced and has taken affect as of August 16, 2012.
  • Unlike other spa cover sellers, we allow returns of our spa covers for any reason within 30 days of delivery.
  • Spa cover orders become eligible for the Spa Cover Satisfaction Guarantee once they have been received by the customer. The allotted 30 days return window begins on the day of delivery.
  • Customers may return their spa covers within 30 days of delivery for any reason, including circumstances in which the customer has ordered the wrong size, they do not like the color or configuration of the cover, or for any other reason in which they are not satisfied with the product.
  • No restocking fee will be assessed against the refund for returned spa covers.
  • Customer must call into our customer service department and, like any other return, must obtain a Return Merchandise Authorization number. Customers must fill out the spa cover return form that will be provided to them before a RMA number is issued.
  • Covers may be used, but must be clean and dry in order to be returned. They need to be returned in their original packaging if it is available. Suitable and approved packaging may be substituted upon request.
  • America's SPA-MART will attempt to assist the customer in procuring return freight services from our partner companies but cannot guarantee that the carrier that was utilized to deliver the cover will be able to pick the cover up again. The customer is ultimately responsible for the return of the product to our facility and may use any carrier that they prefer. Like all of our other products being returned, the cost of the return freight service is solely the responsibility of the customer. In the event that America's SPA-MART sets up the return freight and the carrier requires that America's SPA-MART be billed in order for the maximum shipping discount to be applied, the customer must irrevocably authorize a payment equal to the cost that will be assessed before the pickup can be scheduled.
  • All covers must be returned to our main headquarters office located at 11361 Mosteller Road, Cincinnati, OH 45241. Covers may not be returned to any other location.
  • When the returned cover is received at our headquarters office, the customer will be refunded for the original purchase amount minus the cost of the outbound shipping.
  • Though not 100% free to exercise, like our standard return policy, we believe our Spa Cover Satisfaction Guarantee gives our customers the opportunity to return an item that they have changed their mind about. Please contact us if you have any questions regarding this or any other policy regarding shopping with us.

Custom-made Spa Covers

  • Custom-made spa covers may be made in whole or half inch dimensions.  For example, if you order a 75-1/4" x 86-3/4" spa cover, we will round these dimensions up to 75-1/2" x 87". This will not affect the covers ability to seal and completely insulate your spa.  In this case, the cover will only be 1/8" larger than specified all the way around the spa.
  • Custom-made spa covers will not be made less than the  specified dimensions. However, due to the nature of spa cover manufacturing, we reserve the right to allow the cover to be no more than 1" larger than the rounded-up specified size.
  • Custom-made spa covers are not returnable beyond 30 days after the delivery date unless America's SPA-MART has improperly manufactured the product.

Custom-made Billiard Table Covers

  • Custom-made billiard table covers will not be made less than the specified dimensions.  However, due to the nature of billiard table cover manufacturing, we reserve the right to allow the cover to be no more than 1/2" larger than the specified size.
  • Custom size and color billiard table covers are not returnable unless America's SPA-MART has improperly manufactured the product.

Spa Database Usage Guidelines & Our Policy Requiring Customers To Physically Measure Their Spa Prior to Ordering

America's SPA-MART maintains a database of spa sizes for internal use as well as a sales guide for its customers, retail and wholesale. All other uses are prohibited. Please read the following notes on its use.  The use of the database signifies acceptance of these guidelines.

Spa Cover Configurator 2.0 Release Notes

Not all spa manufacturers are represented in the database. Your spa´s manufacturer may not be listed.

Though we have tried to be thorough, all models for a given manufacturer may not be listed in the database.

All model year changes may not be in the database.

The database is updated each day.  This can lead to unlisted information that we do actually have. Call us at 800/494-9932 to check on your spa.

Disclaimer of Liability

It is the policy of America's SPA-MART to recommend to our customers that a physical measurement of the spa be taken before ordering. The Spa Cover Configurator is a tool to use in tandem with physical measurement. Our spa covers are custom-made to specific customer specifications. The customer is solely responsible for the measurement of the spa and hence its spa cover.

The data in the database is what we use here in the office and our manufacturer uses at the plant for reference. However, due to varying circumstances, data on your spa may be inaccurate or not exist. Always take physcial measurements of the spa before ordering a spa cover.

Further, America's SPA-MART cannot be responsible for liability that may arise out of the use of this system. Though error is unlikely, use is at the user´s own risk.

Usage Permissions

This spa cover configuration system is the sole property and intellectual material of America's SPA-MART. America's SPA-MART grants any user interested in purchasing a spa cover from America's SPA-MART, the right to use the system in a non-malicious manner. America's SPA-MART does not grant permission to use the spa cover configuration system to non-customers and/or individuals not interested in purchasing our products. Expressed written consent from America's SPA-MART is required for system use by non-customers. For commercial usage licenses of our spa cover configurator, please contact our office at 800/823-3618.

 

These terms were last updated on December 29, 2016.

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Our Sales Terms & Conditions Help Protect You & Us

It's important to understand the Sales Terms and Conditions that we present here. If you have any questions regarding these, please give us a call at 800-823-3618 and we will be happy to answer them for you. There may be a lot of words here, but we're not trying to pull a fast one on you. We feel it's important to lay it all out there so everyone knows where they stand. Thanks for your business! We look forward to serving you.

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