Home
- Swim Spas
- TV Spas
- Theatre Spas
- Indulgence Spas
- Signature Spas
- Luxury Spas
- Premier Spas
.gif)
| Luxury Spas | |
 |
Seattle Platinum Hot Tub |
 |
was £12995 Now:£4995 |
| TV Spas | |
 |
Baltimore |
|
was £11995 Now:£5995 |
| Theatre Spas | |
 |
The Rialto Theatre Spa |
|
was £13995 Now:£6995 |
| Indulgence Spas | |
 |
Oklahoma Indulgence Spa |
|
was £12495 Now:£6995 |
| Theatre Spas | |
 |
The Palace Theatre Spa |
|
was £17995 Now:£9995 |
Terms and conditions of trading for The Trade Price Group – a partnership.
1 INTERPRETATION
1.1 In these Conditions the following words have the following meanings:
1.2 You: [THE PERSON NAMED ON THE INVOICE OR ORDER FORM]
the Business: a partnership The Trade Price Group, whose business address is 3 Hardwick House,
The Green, Milford, Staffordshire ST17 OUR
1.3 Contract: any contract between the Business and You for the sale and purchase of the Goods,
incorporating these Conditions;
Delivery Point: the place where delivery of the Goods is to take place under condition 4;
Goods: any goods agreed in the Contract to be supplied to You by the Business (including any
part or parts of them).
2 APPLICATION OF TERMS
2.1 To protect your own interest please read the conditions carefully before signing them. If there is
anything you do not understand or do not agree with please ask our sales representative. If any
changes are required, please make sure You ask for these changes to be put in writing and signed
by our Representative. You acknowledge that You have not relied on any statement, promise or
representation made or given by or on behalf of the Business which is not set out in the Contract.
We do not exclude or limit our liability for fraudulent misrepresentation.
2.2 Subject to these Conditions You are making an offer to purchase the Goods from the Business
when You order or accept a quotation for Goods from the Business , we will confirm our
acceptance of Your order in writing, our acceptance may take place earlier if we deliver the
Goods to You
2.3 You must ensure that the terms of Your order and any applicable specification meet your needs,
requirements and are complete and accurate.
2.4 Any quotation is valid for a period of 7 days (unless otherwise stated) only from its date, provided
that the Business has not previously withdrawn it.
3 DESCRIPTION
3.1 The quantity and description of the Goods shall be as set out in the Business's quotation or
acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Business
and any descriptions or illustrations contained in the Business's catalogues or brochures are issued
or published for the sole purpose of giving an approximate idea of the Goods described in them.
They will not form part of this Contract and this is not a sale by sample.
4 DELIVERY
4.1 Unless otherwise agreed in writing by the Business, delivery of the Goods if purchased from
Stock, shall be within 28 days of acknowledgement of the order by the Business and shall take
place at the residential address provided to the Business by You. You will take delivery of the
Goods within 24 hours of the Business giving it notice that the Goods are ready for delivery.
4.2 The Business will do all it reasonably can to meet the date given for delivery and/or installation.
To offer and for you to benefit from the most competitive price and quality we have to source our
goods internationally, which occasionally as a result of shipping arrangements, customs
clearance, weather when shipping etc, leads to delay in delivery and/or installation of the Goods.
As a result of unforeseen circumstances beyond our reasonable control noted above, subject to
clauses 4.3, 4.4 the Business cannot be held responsible for any inconvenience or delay caused by
such factors outside the Business’s reasonable control. Consequently time for delivery shall not
be made of the essence by notice.
4.3 If the Goods have been custom made at your request and supply thereof is delayed, You are not
allowed to cancel the contract. You are only entitled to interest at the Bank of England base rate
where the period of delay exceeds 30 days over and above the expected delivery date.
4.4 Where the goods are not custom made You can cancel this Agreement where such delay exceeds
14 working days from the stated date of delivery or when you have been notified of the goods
being made available to You.
4.5 Subject to the other provisions of these Conditions the Business will not be liable for any direct,
indirect or consequential loss (all three of which terms include, without limitation, pure economic
loss, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges
or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused
by the Business's negligence).
4.6 If for any reason You do not accept delivery of any of the Goods when they are ready for delivery,
or the Business is unable to deliver the Goods on time because You have not provided appropriate
instructions or authorisations:
4.6.1 risk in the Goods will pass to You (including for loss or damage caused by the Business's
negligence);
4.6.2 the Goods will be deemed to have been delivered;
4.6.3 the Business may store the Goods until delivery whereupon You will be liable for all
related costs and expenses (including, without limitation, storage and insurance); and
4.6.4 You will make good all reasonable costs incurred by the business.
4.6.5 Where additional equipment may from time to time be required to facilitate delivery, you
will be responsible for all charges incurred with any third party contractors unless
specifically agreed in writing by the business and forms part of the official order.
5 NON-DELIVERY
5.1 The Business shall not be liable for any non-delivery of Goods (even if caused by the Business's
negligence) unless written notice (either by facsimile, electronic e-mail or letter) is given to the
Business within 24 hours of the date when the Goods would in the ordinary course of events have
been received.
5.2 Any liability of the Business for non-delivery of the Goods shall be limited to replacing the Goods
within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice
raised for such Goods.
6 RISK/TITLE
6.1 The Goods are at Your risk from the time of delivery. You will be responsible for their safe
keeping and You should make sure that you are adequately insured against damage or loss which
may occur as a result to the Goods.
6.2 Ownership of the Goods shall not pass to You until the Business has received in full (in cash or
cleared funds) all sums due to it in respect of:
6.2.1 the Goods; and
6.2.2 all other sums which are or which become due to the Business from You on any account.
7 PRICE
7.1 Unless otherwise agreed by the Business in writing the price for the Goods shall be the price set
out in the Business's quotation or invoice. This will set out the price of the Goods and additions,
plus any delivery or set up charges or value added tax.
7.2 The price for the Goods shall be inclusive of any value added tax and all costs or charges in
relation to packaging, loading, unloading, carriage and insurance.
7.3 Charges levied by the Business to You in respect of services such as (but not exclusively) site
preparation, electrical work, crane hire, supply of decking shall be payable by You in full.
8 PAYMENT
8.1 Subject to condition 8.4, payment of the price for the Goods is due in pounds sterling. The
Business does not grant credit facilities, save where specifically agreed. The Method for Payment
of Stock Items can be made by credit card, debit card, cash, cheque, bankers draft or bank transfer.
Where the order is for Custom Made Goods payment shall not be accepted by credit or debit card.
8.2 Time for payment shall be of the essence. Unless otherwise agreed in writing Where the Goods
are purchased as Stock Items, the payments for the Goods will be made in Two equal instalments.
The first payment shall be made on signing of the order form, the second payment is to be made
on or before the delivery or unloading of the Goods. Where the goods are Custom Made to your
specific order, payment for the Goods will be made in full at the time of the order.
8.3 The payments as and when they become due and are paid by You are strictly non refundable.
8.4 In the case of payment by un-cleared funds, no payment shall be deemed to have been received
until the Business’s bankers acknowledge clearance of the said payment.
8.5 All payments by credit card shall incur a surcharge of 2.5% or such other amount as may be
notified to You.
8.6 All payments payable to the Business under the Contract shall become due immediately upon
termination of this Contract despite any other provision.
8.7 You shall make all payments due under the Contract in full without any deduction whether by way
of set-off, counterclaim, discount, abatement or otherwise unless You has a valid court order
requiring an amount equal to such deduction to be paid by the Business to You.
8.8 If You fail to pay the Business any sum due pursuant to the Contract You will be liable to pay
interest to the Business on such sum from the due date for payment at the annual rate of 4% above
the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis until
payment is made, whether before or after any judgment.
9 QUALITY
9.1 The Business will endeavour to transfer to You the benefit of any warranty or guarantee given to
the Business.
9.2 The Business warrants that (subject to the other provisions of these Conditions) upon delivery
,and for a period of 12 months from the date of delivery, the Goods will:
9.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
9.2.2 be reasonably fit for use as portable spas and hot tubs for private and domestic use only.
Portable spas and hot tubs are free standing and are not designed to be built into Your
premises and should be positioned on a waterproof flooring.
9.2.3 be reasonably fit for any particular purpose for which the Goods are being bought if You
had made known that purpose to the Business in writing and the Business has confirmed
in writing that it is reasonable for You to rely on the skill and judgment of the Business.
9.3 The Business shall not be liable for a breach of any of the warranties in condition 9.2 unless:
9.3.1 You give written notice (by facsimile or electronic mail) of the defect to the Business, and
(if the defect is as a result of damage in transit) to the carrier, within 7 days of the time
when You discover the defect; and
9.3.2 the Business is given a reasonable opportunity after receiving the notice of examining
such Goods.
9.4 The Business shall not be liable for a breach of any of the warranties in condition 9.2 if:
9.4.1 the defect arises because You failed to follow the Business's or the manufacturer’s oral or
written instructions as to the storage, installation, commissioning, use or maintenance of
the Goods or (if there are none); or
9.4.2 You alter or repair such Goods.
9.5 Subject to conditions 9.3 and 9.4, if any of the Goods do not conform with any of the warranties in
condition
9.2 the Business shall at its option repair or replace such Goods (or the defective part) or
refund the price of such Goods at the pro rata Contract rate provided that, if the Business so
requests, You shall, at expense of the Business, return the Goods or the part of such Goods which
is defective to the Business.
9.6 If the Business complies with condition 9.5 it shall have no further liability for a breach of any of
the warranties in condition
9.2 in respect of such Goods.
10 LIMITATION OF LIABILITY
10.1 Subject to conditions 4, 5 and 9, the following provisions set out the entire financial liability
of the Business (including any liability for the acts or omissions of its employees, agents and
sub-contractors) to You in respect of:
10.1.1 any breach of these Conditions; and,
10.1.2 any representation, statement or tortuous act or omission including negligence
arising under or in connection with the Contract.
10.2 Nothing in these Conditions excludes or limits the liability of the Business:
10.2.1 for death or personal injury caused by the Business's negligence;
10.2.2 under section 2(3) Consumer Protection Act 1987;
10.2.3 for any matter which it would be illegal for the Business to exclude or attempt to
exclude its liability; or
10.2.4 for fraud or fraudulent misrepresentation.
10.3 Subject to conditions 10.2 and 10.3:
10.3.1 the Business's total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in connection
with the performance or contemplated performance of this Contract shall be limited
to the Contract price; and
10.3.2 the Business shall not be liable to You under this contract for any loss or damage
caused by the Business, its employees or agents in circumstances where;
10.3.2.1 there is no breach of a legal duty of care owed to you by us or by any of our
employees or agents;
10.3.2.2 such loss or damage is not reasonably foreseeable result of any such breach;
10.3.2.3 any increase in loss or damage resulting from breach by you of any term of
this Contract.
10.4 You shall indemnify the Business fully against all losses, liabilities, costs, (including without
limitation legal Costs) and expense which the Business may incur as a result of any breach
of Your obligations under this Agreement.
11 ASSIGNMENT
11.1 Where all the payments have been made, the benefit of the contract is assignable on any change of
ownership of the premises.
11.2 The Business may assign the Contract or any part of it to any person, firm or Business.
12 FORCE MAJEURE
The Business is only able to offer you the low prices because it is able to source the Goods
internationally, as such there are inevitable delays as a result of weather, shipping, customs
clearance etc. The Business reserves the right to defer the date of delivery (without liability to
You) if it is prevented from or delayed in the carrying on of its business due to circumstances
beyond the reasonable control of the Business including, without limitation, acts of God,
governmental actions, war or national emergency, acts of terrorism, protests, riot, civil
commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether
or not relating the Business’s workforce), or restraints or delays affecting carriers or inability or
delay in obtaining supplies of adequate or suitable materials
13 GENERAL
13.1 Each right or remedy of the Business under the Contract is without prejudice to any other right or
remedy of the Business whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or
unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed severable and the remaining provisions of the
Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Business in enforcing or partially enforcing any provision of the Contract
will not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by the Business of any breach of, or any default under, any provision of the Contract
by You will not be deemed a waiver of any subsequent breach or default and will in no way affect
the other terms of the Contract.
13.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by
virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall
be governed by English law and the parties submit to the exclusive jurisdiction of the English
courts.
14 REPRESENTATIONS AND REFERRALS
Referrals, as for example, the name of contractors who may be able to carry out certain work such
as crane hire, electrical work etc are given as a professional courtesy only and the Business does
not accept any responsibility whatsoever for any conduct or service provided by the same or any
related costs in respect of such services provided
