Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for us to investigate the claim.
Goods leaving our premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
Prior to acknowledging delivery to the carrier, you must ensure that the complete consignment as per the carrier’s note has been received. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
Within 7 days of receipt of consignment you must ensure that all goods received are in good order and condition.
No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by Hot Spring Spas New Zealand Ltd, details of any claim should be advised to us.
Return of Goods for Credit or Refund
Goods supplied in accordance with your order can only be returned with our express approval.
Requests to return goods must be submitted within 5 days from the date of supply and the original invoice number must be quoted. Goods must then be returned to our warehouse within 7 days of us agreeing to credit or refund the goods. If they are returned later than this, we will not be able to process this request.
Where goods are accepted (for credit or refund at our discretion) they must be delivered at your expense into Hot Spring Spas New Zealand Ltd at 35 William Pickering Drive, Albany, Auckland 0632 in original condition and packaging.
We reserve the right to levy a restocking fee against any returns. Such fees may be up to 15% of the invoice price and levied at our absolute discretion.
Liability and Maintenance Guarantee
You shall ensure that the goods ordered are fit and suitable for the purpose for which they are required, and we are under no liability if they are not.
As the buyer you are entitled to only such benefits as Hot Spring Spas New Zealand Ltd may receive under any guarantee given to us by the manufacturer of the goods.
Where goods are returned for warranty purposes you shall pay for all shipping expenses required to deliver the goods to and from our store in original packaging.
We are not responsible for any shipment, administrative, manufacturing or other delays incurred while the goods are not in our possession.
Once the goods are inspected, the manufacturer may deem any reported defect a result of misuse or causes other than those covered by the warranty, the judgment of the manufacturer is considered correct and final and cannot be disputed by the buyer or the seller. Where the cause of the defect is not covered by the warranty, the buyer is liable to pay for all expenses incurred by us during the entire claim process, in addition to any costs and penalties charged to us by other parties such as the manufacturer.
In lieu of any warranty, condition, or liability by law, Hot Spring Spas New Zealand Ltd’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 3 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged.
We shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances. At the termination of the appropriate period (i.e. guarantee period or 3 months as indicated above) all liability on our part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
Our liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it is agreed that we have no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
Property and Risk
Risk (including insurance responsibility) shall pass to the buyer on the collection of the goods by you or on the delivery by Hot Spring Spas New Zealand Ltd or by the source to you the buyer or your agent or to a carrier for delivery to you.
Ownership of all goods sold by Hot Spring Spas New Zealand Ltd is retained by us until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:
- Enable the goods to be readily identifiable as the property of Hot Spring Spas New Zealand Ltd.
- Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by us.
- On a sale or other realization of the goods, the buyer shall identify and separately account for the proceeds of the sale. Prior to the buyer acquiring property in any goods, we may at any time, directly or by our agents or servants, enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:
- The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
- The buyer will reimburse, indemnify and hold harmless the seller, its employees, and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller’s remedies and,
- We may cancel any or all contracts with the buyer and we will not be liable to the buyer therefore, and,
- All money owing by the buyer to us on any account whatsoever shall become immediately due and payable, and,
- The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after satisfying all of the buyer’s payment obligations (including under the indemnity) will be paid to the buyer.
Specific Warnings
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of the information contained on this website.
We make no warranty that goods or services acquired from us over this website will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with the New Zealand law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside New Zealand, and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses, which you may sustain as a result of such activity.
You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
Website Information
The information on this website has been provided by Hot Spring Spas for informational purposes. Hot Spring Spas does not warrant the accuracy or completeness of the materials on this website. Hot Spring Spas does not accept any liability for any loss or damage directly or indirectly arising from any information contained on this website.
Hot Spring Spas may at any time change the information available on this website, without notice, including discontinuing all or any aspects of this site. Hot Spring Spas will not be liable for any loss or damage, which may arise directly or indirectly as a result of such changes.
No content on this website can or may change any contract for products or services that you may have with Hot Spring Spas.
When transmitting your personal information over this site, you should remember that the Internet is not a secure environment.
Payment Methods
Hot Spring Spas New Zealand Ltd must receive full payment before the goods can be shipped to the buyer. This payment includes the agreed sale price of the goods in addition to shipping and handling costs.
Payment methods currently accepted include:
- Credit Cards processed via our online secure gateway.
- Direct transfer to Hot Spring Spas New Zealand Ltd’s bank account.
- Bank Cheques provided the Buyer pays for any transaction costs.
The seller reserves the right to keep the goods in possession until all cheques are cleared and any transactions are completed.
Payment Security
When purchasing from Hot Spring Spas New Zealand Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the copyright laws of New Zealand and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, communicate to the public, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
- commercialise any information, products or services obtained from any part of this web site; without our written permission.
Trademarks
This website includes registered trademarks owned by us, our licensors, and our partner suppliers. You must not use any of our trademarks or the names Hot Spring Spas New Zealand Ltd, Spa Pools Online or Islander Spas:
- in or as the whole or part of your own trademarks or business name or company name;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
- You must not authorize or assist any person to do any of the acts specified above.
Linked Websites
This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.