TERMS AND CONDITIONS
The agreement is between the customer listed on the order form (“you” or “your”) and Heavenly Walk-In Tubs LLC (“Heavenly Tubs”). The below terms and conditions govern the purchase of your Heavenly Tubs and/or services from Heavenly Tubs. The order form and these terms and conditions are referred to as the “Agreement.” The Agreement is the entire agreement between you and Heavenly Tubs. No oral, written, or other representations are part of this Agreement. Accordingly, you should review the order form and these terms and conditions fully and make sure that any services, products, or warranties that you expect to receive are documented in the order form or these terms and conditions before signing.
- WHAT IS AND IS NOT INCLUDED. Heavenly Tubs promises to provide the products and services listed in the order form and the price listed in the order form, subject to these terms and conditions. You should carefully read the order form because only the work and products listed on the order form (collectively the “Agreed to Products and Services”) are included in the price. Any alteration or deviation from the Agreed to Products and Services will only occur based on a written change order, which will include any extra charge necessary to provide the additional services or products. Unless otherwise noted, delivery does not include required circuits with a higher-than-average amp rating and installation of that circuit is not included. Heavenly Tubs strongly recommends that you have a 60 gallon water heater to supply the tub. Any heating element included in the tub is not designed to heat water from its cold state, but instead is designed to maintain water temperature for short bathing periods.
- HEAVENLY TUBS OBLIGATIONS. Heavenly Tubs will deliver the products and services stated in the order form at the price stated in the order form, subject to these terms.
- YOUR OBLIGATIONS. You represent and warrant to Heavenly Tubs that (i) you are the owner of record for the premises listed on the order form (“Premises”); (ii) you have the legal authority to purchase the portable tub; (iii) the Agreed to Products and Services do not violate building covenants, building code requirements, homeowner/condominium association requirements or any other third party encumbrance on the Premises and (iv) you will pay any balance owed under this Agreement before delivery. Heavenly Tubs highly recommends that you make sure requirements one, two, three are met prior to you paying for the tub because the inability to provide the products and/or service due to the failure to meet these requirements will not relieve you of your obligations under this Agreement.
- UNEXPECTED EVENTS. Heavenly Tubs is not responsible for damage or delay due to strike, fire, weather, shipping delays, accident or other causes beyond Heavenly Tubs control. The delivery of products may also be delayed due to labor shortages or product shortages. There will not be an adjustment to the purchase price or fee charged to Heavenly Tubs for delays falling under this paragraph. Selling you a portable tub does not include the inspection of your existing foundation, sub-floor, walls, plumbing, electrical or other parts of your existing home. Accordingly, you may hire the services of other professionals to inspect these elements. Heavenly Tubs is not liable for costs, damages, removal of its Products, or the like caused by defects or damage already existing at the time of tub delivery.
- CHANGES TO THE AGREEMENT. All changes to the Agreement must be in writing and signed by you and Heavenly Tubs.
- PAYMENT AND TERMINATION FEES. When you order the tub, Heavenly Tubs will begin to incur expenses in anticipating of fulfilling its obligations under the Agreement. Accordingly, your payment becomes non-refundable upon paying for the tub. In addition, if you do not accept deliver of the Agreed to Products after ordering and paying, you agree to pay Heavenly Tubs 50% of the Total Contract Price listed on the order form as liquidated damages due to the difficulty in assessing within 30 days after refusing delivery of the Agreed to Products. After Heavenly Tubs has shipped products, you agree to pay the Total Contract Price, even if you do not allow Heavenly Tubs to deliver the order. If you fail to pay any balance owed to Heavenly Tubs, you agree to pay a default interest rate of 10% per month, compounded yearly, plus any collection costs and attorney’s fees for enforcing this contract.
- WARRANTY. Heavenly Tubs provides a limited warranty for the Agreed to Products. Heavenly Tubs does not warranty the installation of this tub or any issues arising from improper installation of the tub. You will be provided with a copy of the warranty upon signing and returning this document to Heavenly Tubs. HEAVENLY TUBS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER TO YOU TO ANY THIRD PARTIES WITH RESPECT TO THE PRODUCTS AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF HEAVENLY TUBS IS AWARE OF SUCH PURPOSE. You agree to pay Heavenly Tubs $65 per hour for any house-calls involving non-warranted Agreed to Products and Service. Heavenly Tubs strives to ensure that its product information is accurate and updates it from time to time to correct errors. However, occasionally errors exist in the published product information, or old information remains on the Internet despite Heavenly Tub’s action to remove it. Accordingly, the information contained on the Internet on in other marketing materials is for informational purposes only and is specifically excluded from this Agreement. If there is a particular feature of specification that you are relying on to make your purchase, be sure it is noted in this Agreement; otherwise, Heavenly Tubs has no obligation to provide the feature of specification. Any marketing or other material that addresses health benefits provided by a tub or its features is for marketing purposes only and should not be relied upon as health advice. Accordingly, Heavenly Tubs does not warranty any such claims are true or accurate. You should consult your physician for any health advice and to determine if the tub or its features provides any health benefit.
- LIMITATIONS OF LIABILITY. IN NO EVENT SHALL HEAVENLY TUBS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCURRED BY YOU OR ANY OTHER THIRD PARTY, ARISING OUT OF THE USE OF OR IN CONNECTION WITH THE PRODUCTS OR SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- MISCELLANEOUS. This Agreement is controlled by the laws of the State of Utah without regard to its laws governing conflicts of law. All disputes between you and Heavenly Tubs shall be resolved in the applicable state or federal courts located in Salt Lake County in the State of Utah. You will be responsible for the payment of any sales or other tax associated with this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. If any provision of this Agreement is held invalid by a court of competent jurisdiction, remaining provisions shall be enforceable according to their terms. This Agreement may be executed by facsimile, scanned document, electronically, and in one or more counterparts, each of which shall be deemed an original.
YOU, THE BUYER, MAY NOT CANCEL THIS CONTRACT ONCE YOUR ORDER HAS BEEN SHIPPED, PICKED UP OR HAVE ACCEPTED DELIVERY OF THE PRODUCT. CANCELLATION ONLY APPLIES IN THE FOLLOWING SITUATION. IF THIS CONTRACT IS CANCELED YOU WILL STILL BE RESPONSIBLE FOR ANY RESTOCKING FEES. This right to cancel only applies if payment was made fraudulently. This cancellation right does not apply the Product has been delivered. This is a sanitary product, all Sales are final. Your cancellation should be sent in writing with proof of fraudulence to: Heavenly Walk-in Tubs, LLC, Attn: Registered Agent, 5918 S 350 W, Murray, UT 84107, and must be delivered no later than the shipping date. This cancellation right supersedes the other provisions of this Agreement only to the extent required by Utah law. If you cancel pursuant to this provision, all products must be returned in new and resalable condition or you must compensate Heavenly Tubs for the lost value or damage to the products.
You agree that you have carefully read this order form and the Terms and Conditions. They are your entire agreement for this purchase of products and/or services. Accordingly, it is your responsibility to read and understand them before signing this order form.