"I," "me," and "us" refer to the Buyer(s) signing this Spa Contract; "you" and "your" refer to the Seller; "Contract" refers to this retail agreement. The total price is listed on the “Total Contract Price” line. By signing, I agree to purchase the listed property and/or services and to pay all amounts due, including any additional charges, under the terms of this Contract.
1) This contract represents the entire agreement. No oral statements or promises by either party are binding. In case of BUYER default, BUYER agrees to pay all collection costs, 18% annual interest (1.5% monthly), and reasonable attorney’s fees if SELLER prevails in legal action. SELLER retains a security interest in the product until payment is made in full. In the event of nonpayment, BUYER grants SELLER access to repossess the merchandise and assumes responsibility for any damage.
Financing is not a condition of this contract. THE FULL BALANCE IS DUE BEFORE DELIVERY AND MUST BE PAID VIA CHECK, CREDIT CARD, FINANCING, OR MONEY ORDER. PERSONAL CHECKS MUST BE CLEARED PRIOR TO DELIVERY. CASHIER’S CHECKS ARE ACCEPTED FOR IMMEDIATE DELIVERY. CASH IS NOT ACCEPTED. Once signed, this is a binding legal contract, subject to company approval—not an estimate. All orders are custom, and ALL DEPOSITS ARE NON-REFUNDABLE. The refund policy is "NO REFUNDS," including any down payment or payment made by any party. Purchases made at offsite events are non-refundable after 72 hours. If canceling a purchase made at an offsite event, cancellation must be made by emailing rocklinspas@gmail.com
within 72 hours of the original purchase. Purchases made in-store or through standard retail channels are final and non-refundable.
2) Buyer is responsible for all site preparation, including any required permits (electrical, structural, etc.), structural reinforcement of the installation surface, and access to a functional water source to fill the spa. The spa cannot be shimmed. Only the product listed in the contract will be delivered. Buyer must be present at delivery and provide adequate access to the site. Seller has not seen the installation site and cannot guarantee a standard delivery. If delivery is difficult, Buyer assumes responsibility for any resulting damage to the product or property, and for any additional costs beyond this contract. Seller is not a licensed electrician and cannot provide electrical quotes or advice.
3) STANDARD DELIVERY Standard delivery includes delivery within 45 miles of the purchase location, placement of the spa by two crew members (with clear, level access to the site), installation of the cover and cover locks, and basic spa operation and chemical balance instructions. For full orientation, refer to the owner’s manual or visit the showroom.
NOT INCLUDED IN STANDARD DELIVERY Additional charges apply for services not listed above. These may include, but are not limited to: – Mileage beyond 45 miles – Delivery requiring access over rocks, holes, stairs, fences, steep grades, or other obstacles – Electrical work, spa fill-up, chemical addition – Installation of accessories not included with the spa – Use of cranes, ramps, extra personnel, or special equipment
DELIVERY NOTES Do not water lawns for two days before delivery if access is across grass. Seller is not responsible for damage to lawns, sprinklers, fences, walls, doorways, or the spa due to inadequate access. Inspect the spa upon placement; any damage must be noted on delivery paperwork. Damage claims made after delivery will not be accepted.
Cancelation of a hot tub or sauna delivery within 24 hours carries a rescheduling fee of $199.
If adequate access is not provided for delivery and the delivery needs to be rescheduled due to a lack of access, a $450 redelivery fee will be charged.
4) THE SPA INCLUDES A FULL FACTORY-SUPPORTED WARRANTY. I UNDERSTAND IT IS MY RESPONSIBILITY TO REGISTER THE WARRANTY ONLINE. THE SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IF A WARRANTY ISSUE ARISES AT DELIVERY, THE PRODUCT WILL BE REPAIRED UNDER THE FACTORY WARRANTY. I UNDERSTAND THAT HOT TUBS AND SWIM SPAS ARE LARGE, HEAVY APPLIANCES AND MAY INCUR LEAKS, SHELL, OR EQUIPMENT DAMAGE DURING SHIPMENT OR DELIVERY. REPAIRS WILL BE MADE UNDER WARRANTY; REPLACEMENTS WILL ONLY OCCUR IF THE MANUFACTURER DEEMS THE PRODUCT UNREPAIRABLE.
Hot tub warranty service carries a travel fee of $199 within a 45 mile radius of the nearest showroom warehouse. Warranty work outside a 45 mile radius carries a travel charge of $299 plus $5 per mile. Travel charges within the first year post-delivery are waived. Travel fees subject to change.
5) I understand the down payment does not initiate the order. At least 50% of the contract must be paid before the product is ordered. I acknowledge the product is a custom order and manufacturer layouts/designs may vary. I understand delivery cannot be scheduled until the product arrives at the retail or local warehouse, and that the seller cannot guarantee a specific delivery date or time.
NOTICE TO BUYER Spas must be placed on a solid, continuous surface with at least 2 feet of access on all sides. Buyer is responsible for ensuring adequate site access. Standard delivery includes two crew members; any additional labor, crane, or special equipment needed is at the Buyer's expense. All swim spa deliveries require cranes or additional equipment, also at Buyer’s expense. All sales are final with no returns. Exception: Off-site sales may be canceled within 72 hours by emailing Rocklinspas@gmail.com. Sacramento Hot Tubs does not provide electrical services. The spa warranty is provided by the manufacturer only. Sacramento Hot Tubs does not offer a second warranty, nor does it cover water, electrical, missed work, or any related costs. Startup or delivery issues will be addressed through manufacturer warranty repair; spas will not be replaced due to malfunctions. If Sacramento Hot Tubs, Inc. incurs costs to collect payment or enforce this agreement, the Buyer agrees to pay all related expenses, including attorney fees, interest, and other incidental costs. A minimum payment of 50% is required to begin a custom order. Spas must be delivered within the projected timeframe listed in the contract or a $25/day storage fee will apply. Buyer may opt for “Owner To Notify” (OTN), in which case the spa will be ordered once the Buyer notifies the Seller. Buyer certifies they have read and received a legible, completed copy of this contract, including all terms and delivery conditions.
ACCEPTANCE: BUYER ACKNOWLEDGES THAT HE/SHE HAS READ THE "TERMS" OF THIS AGREEMENT.
ALL PURCHASES FROM SACRAMENTO HOT TUBS, INC. (“SELLER”) ARE EXPRESSLY CONDITIONED ON YOUR ("BUYER") ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. ACCEPTANCE OF GOODS OR SERVICES CONSTITUTES AGREEMENT TO THESE TERMS.
6) INSPECTION AND ACCEPTANCE. Buyer shall inspect all goods immediately upon delivery. Any claim for damage, defect, or nonconformity must be noted in writing on the delivery invoice at the time of delivery. Absent such notation, Buyer shall be deemed to have accepted the goods in full. Use, installation, or modification of any product shall constitute irrevocable acceptance and a waiver of any right to reject or revoke acceptance of the goods.
7) RETURNS AND RESTOCKING. All sales are final. No returns shall be accepted without Seller’s prior written authorization, which may be withheld in Seller’s reasonable discretion. If approved, returns of unopened and unused goods in resalable condition may be subject to a restocking fee of up to 10% of the purchase price. Used goods, customized orders, installed units, and any spa that has held water or electrical current are non-returnable and non-refundable. Title to returned goods does not revest in Seller until physical possession is regained and written acceptance is issued.
8) ORDER UPDATES AND CANCELLATION.
The sales receipt may be updated only for serial numbers or clerical corrections. Buyer has no right to cancel this Agreement except where required by law (e.g., 72-hour off-site sales). Any Buyer cancellation outside those terms is a breach, and all deposits/payments are non-refundable. In the event of Seller’s cancellation, Buyer shall receive a refund of all amounts paid, and neither party shall have further obligation under this Agreement.
9) DELIVERY, TITLE, AND RISK OF LOSS. Unless otherwise agreed in writing, delivery shall occur at the shipping address provided by Buyer. Title and risk of loss pass to Buyer upon delivery, regardless of installation status or payment method. Buyer assumes full responsibility for ensuring safe access for delivery. Seller is not liable for any property damage arising from access routes, foundation integrity, or site conditions.
10) PAYMENT TERMS. Full payment is due prior to delivery unless otherwise agreed in writing. Invoices not paid in accordance with the agreed terms shall accrue interest at the rate of 1.0% per month (12% annual) or the maximum rate permitted by California law, whichever is lower. Returned payments or credit card disputes shall be treated as unpaid balances. Seller may, at its sole discretion, accelerate all amounts due under any agreed payment schedule in the event of Buyer default.
11) CHARGEBACKS AND FRAUDULENT DISPUTES. Buyer shall not initiate or authorize any chargeback, reversal, or dispute of payment after goods have been delivered. Any such reversal shall be deemed a material breach of contract, for which Seller may pursue all available legal remedies, including immediate legal action for recovery of funds, return of goods, or both. Buyer shall bear all fees associated with any such enforcement.
12) WARRANTY DISCLAIMER. Seller makes no representations or warranties, express or implied, with respect to any goods sold, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, all of which are hereby expressly disclaimed to the fullest extent permitted by California law. Buyer acknowledges that Seller is not the manufacturer of the goods and assumes no liability for product performance, manufacturing defects, or the enforceability of any third-party warranties. Buyer is solely responsible for pursuing any claims directly with the product manufacturer.
BUYER ASSUMES ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT OR SERVICE. IF ANY PRODUCT/SERVICE PROVES TO BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING/ REPAIR. YOU MUST ONLY USE THE PRODUCT/SERVICE AS SPECIFIED.
THE MANUFACTURER OF THE PRODUCT OR THE SERVICE SUPPLIER MAY OFFER EXPRESS WARRANTIES. BUYER SHOULD CONTACT THE MANUFACTURER TO DETERMINE THE EXTENT OF THE WARRANTY. NO ORAL STATEMENT OR PRODUCT SELECTION BY SELLER SHOULD BE CONSTRUED AS WARRANTING THE PRODUCT/SERVICE IN ANY WAY.
13) LIMITATION OF LIABILITY. Under no circumstances shall Seller be liable to Buyer or any third party for incidental, consequential, special, indirect, exemplary, or punitive damages, including without limitation lost profits, loss of use, or diminution in value. Seller’s total aggregate liability for any claim arising out of or relating to the sale or use of any product shall not exceed the amount actually paid by Buyer for the specific goods at issue.
14) DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. Venue for any legal action shall lie exclusively in the state or federal courts located in Sacramento County, California. Buyer agrees that any claim against Seller arising from or related to this transaction shall first be submitted to binding arbitration or mediation at Seller’s election. This clause shall not impair Seller’s right to seek immediate injunctive relief, file suit for payment, or reclaim goods in any court of competent jurisdiction.
15) ATTORNEY'S FEES AND ENFORCEMENT COSTS. In the event of any breach, dispute, chargeback, late payment, or nonperformance by Buyer, Seller shall be entitled to recover its reasonable attorneys’ fees, court costs, arbitration fees, collection agency fees, and all other costs incurred in enforcing its rights, whether or not litigation is formally commenced.
16) ENTIRE AGREEMENT AND NON-MODIFICATION. These Terms constitute the entire agreement between the parties concerning the subject matter herein and supersede any oral or prior written representations. No waiver or modification shall be valid unless set forth in a writing signed by an authorized officer of Seller. Buyer acknowledges that no salesperson, installer, or agent of Seller is authorized to modify these Terms.
17) CALIFORNIA DISCLOSURE NOTICE.
WARNING: Products sold may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. (Cal. Prop. 65)
18) SEVERABILITY. If any provision of these Terms is held to be invalid or unenforceable by a court of law, such provision shall be severed and the remaining provisions shall remain in full force and effect.
19) ACCESSORY ITEMS on the contract may be substituted for like products based on availability. Product updates/changes may be made based on manufacture updates.
