Terms & Conditions

Terms And Conditions

WE GLADLY ACCEPT YOUR OFFER, BUT THIS ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON ASSENT TO OUR ADDITIONAL AND DIFFERENT
TERMS AND CONDITIONS.
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Thehottubdoctor.com. ("Thehottubdoctor") to
Thehottubdoctor customers ("Customers).
1. ORDERS. Orders will be initiated by Customer issuing a purchase order ("order") to Thehottubdoctor. Purchase Orders will identify the Products, unit
quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders are subject to Thehottubdoctor acceptance and to these
Terms and Conditions. Customer may, without charge, cancel an order for standard Products provided such order is scheduled for shipment by
Thehottubdoctor more than sixty (60) days after Thehottubdoctor receives written notice of cancellation from Customer. Customer requests to cancel an
order for standard Products scheduled for shipment by Thehottubdoctor within sixty (60) days after Thehottubdoctor receives written notice of
cancellation may be accepted by Thehottubdoctor in its sole discretion, which acceptance may be subject to Customer's accepting a charge determined in
writing by Thehottubdoctor. Customer requests to reschedule are subject to acceptance by Thehottubdoctor in its sole discretion. Orders may not be
canceled or rescheduled after delivery by Thehottubdoctor to the carrier. Customer may not cancel orders for non-standard Products. Non-standard
products include, without limitation, Products which are special orders, custom orders, orders for non-standard products, products which do not appear in
the catalog or on Thehottubdoctor line card, products not customarily in stock, orders for value-added products, products to be assembled in kit form and
products identified as "NCNR" or otherwise non-cancelable and non-returnable. Product specifications and availability are subject to change without prior
notice. Thehottubdoctor reserves the right to limit quantities.
2. PRICES. Orders are billed at the prices (in US dollars) in effect at the time of shipment. The catalog reflects the latest pricing information available at the
time of printing. Prices shown in the catalog are subject to change without notice. If Customer does not purchase the quantity upon which quantity prices are
based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices for any rescheduled
deliveries may be increased by Thehottubdoctor in the event of an increase in Thehottubdoctor prices or costs or causes beyond Thehottubdoctor
reasonable control.
3. TERMS OF PAYMENT. Payment is net thirty (30) days from date of invoice. Orders are subject to credit approval by Thehottubdoctor, which may in its
sole discretion at any time change the terms of Customer's credit or require advance payment or payment by official bank check. If Thehottubdoctor
reasonably believes that Customer's ability to make payments is impaired, Thehottubdoctor may cancel any order or remaining balance thereof, and
Customer will remain liable to pay Thehottubdoctor for Products already shipped. Customer will submit such financial information as Thehottubdoctor may
reasonably require for determination of credit terms. Checks are accepted subject to collection and the date of collection will be deemed
the date of payment. Any check received from Customer may be applied by Thehottubdoctor against any obligation owing by Customer to Thehottubdoctor
under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any
additional amounts owing by Customer to Thehottubdoctor. The acceptance by Thehottubdoctor of such check will not constitute a waiver of
Thehottubdoctor right to pursue the collection of any remaining balance. Customer will pay the entire net amount of each invoice from Thehottubdoctor
pursuant to the terms of such invoice without offset or deduction. Invoices not paid when due will bear interest to date of payment at the annual rate of
eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, Thehottubdoctor may
pursue any legal or equitable remedies, in which event Thehottubdoctor will be entitled to reimbursement for costs of collection and reasonable attorneys'
fees. COD order minimum is $50.00. C.O.D. orders totaling $500.00 or more must be paid with certified funds (certified check, money order or cashier's
check). Most carriers will not accept cash and require payment by check of some form regardless of the total. There is a $25.00 service charge on all
returned checks. Credit cards accepted are MasterCard and Visa.
4. SALES TAX. Thehottubdoctor is required by law to collect all Federal, State and Local sale, use, excise and similar taxes that apply to a Customer's
shipment. These taxes are in addition to the purchase price of the Products subject to an order. Since laws vary from state to state, please remit the correct
tax for your area. If you are exempt from tax, an original signed tax exemption certificate must be sent to Thehottubdoctor. Without a valid signed tax
exemption certificate on file at Thehottubdoctor, all applicable taxes will be charged to the Customer.
5. DELIVERY AND TITLE. Thehottubdoctor will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's
requested delivery date(s). Customer acknowledges that delivery dates provided by Thehottubdoctor are estimates only and that Thehottubdoctor will not
be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Thehottubdoctor unless specifically designated by
Customer. All shipments by Thehottubdoctor are F.O.B. point of shipment from Thehottubdoctor facility and the amount of all transportation charges shall
be paid to Thehottubdoctor by the Customer in addition to the purchase price of the Products. Subject to Thehottubdoctor right of stoppage in transit,
delivery to a carrier will constitute delivery to Customer, and risk of loss will thereupon pass to Customer; however, title shall remain in Thehottubdoctor
until payment in full for the Products by Customer. Products invoiced and held by Thehottubdoctor at Customer's request will be held at Customer's risk and
expense. Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Thereafter, delivery will be
timely unless prior to shipment Thehottubdoctor has received written notice of cancellation valid under Section 1. Delivery of a quantity which does not
vary by more than ten percent (10%) from the quantity specified therefore will constitute full performance of such delivery. Delay in delivery of one
installment will not entitle Customer to cancel any other installment(s). APO and FPO Shipments will be routed Parcel Post Insured, with a maximum size of
130 inches (length plus girth) and a maximum weight of 70 pounds. For faster delivery, specify Priority or Express Mail. Common Carrier Truck. Large
items, heavy loads and special handling can be shipped economically via common carrier truck. Any shipment weighing less than 100 pounds will be
charged at the minimum 100-pound rate as specified by truck carriers. Air Freight. including same-day, counter-to-counter, door-to-door, next day, 2nd
day and 3rd day methods are available at the Customer's expense.
6. LIMITED WARRANTY AND LIMITATION OF LIABILITIES. Thehottubdoctor warrants to Customer that Products purchased hereunder will conform to
the applicable manufacturer's specifications for such Products and that any value-added work performed by Thehottubdoctor on such Products will conform
to applicable Customer's specifications relating to such work. Thehottubdoctor makes no other warranty, express or implied, with respect to the Products.
IN PARTICULAR, THEHOTTUBDOCTOR MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. However, Thehottubdoctor will transfer to Customer whatever
transferable warranties and indemnities Thehottubdoctor receives from the manufacturer of the Products. With respect to Products which do not meet
applicable manufacturer's specifications and with respect to value-added work by Thehottubdoctor which does not meet applicable Customer's
specifications, Thehottubdoctor liability is limited (at Thehottubdoctor election) to (1) refund of Customer's purchase price for such Products (without
interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to Thehottubdoctor,
along with acceptable evidence of purchase, within twenty (20) days from date of delivery, transportation charges prepaid. Further, no warranty will apply if
the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered or altered in any way. CUSTOMER SHALL
NOT IN ANY EVENT BE ENTITLED TO, AND THEHOTTUBDOCTOR SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD,
BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL/REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS. CUSTOMER'S
RECOVERY FROM THEHOTTUBDOCTOR FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER'S PURCHASE PRICE FOR THE PRODUCTS IRRESPECTIVE OF THE
NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. California residents - WARNING: Some of Thehottubdoctor
commercial Products contain chemicals known to the State of California to cause cancer, birth defects, or reproductive toxicity under certain conditions or
at certain levels. Thehottubdoctor suppliers are responsible for proper identification and labeling of these Products.
7. DATA ERRORS AND OMISSIONS. Thehottubdoctor makes every effort to ensure the accuracy of the information published in our catalogs and on our
Internet site. However all Product specific information is provided to Thehottubdoctor by the manufacturers, who are solely responsible for its content and
accuracy. The documents and graphics published may contain technical inaccuracies or typographical errors. Thehottubdoctor makes no representations
about the information and graphics presented. All such documents and graphics are provided "as-is" without warranty of any kind.
8. PRODUCT RETURNS. Customer is deemed to have accepted the Products unless written notice of rejection is received by Thehottubdoctor within ten (10)
days after delivery. Customer waives any right to reject or revoke acceptance thereafter. Authorization to return Products must be obtained from
Thehottubdoctor, which authorization may be granted by Thehottubdoctor in its sole discretion. If granted, Thehottubdoctor will issue Customer a return
material authorization number (RMA No.). No return of Products will be accepted without an RMA number. Returned Products must be in original shipping
cartons and must be complete with all packing materials and in re-sellable condition. Return freight charges must be prepaid by Customer and, as
Thehottubdoctor is not responsible for returned Products lost in transit, Thehottubdoctor strongly suggests the Customer insures their package. If returned
Products are claimed to be defective, a complete written description of the nature of the defect must accompany all returned Products. Product returned
due to Customer error may be subject to a restocking fee. All items not eligible for return will be returned to Customer, transportation collect. Non-standard
Products may not be returned. Products returned due to Customer error may be subject to a restocking fee.
9. SHIPMENT DAMAGE. Product shipped from Thehottubdoctor distribution center is carefully packed in compliance with manufacturer and carrier
requirements. Claims for loss or damage in transit must be made with the carrier by Customer. All shipments should be fully unpacked and inspected
immediately upon receipt. It is important to keep the shipping carton, packing material and parts intact for inspection by the carrier's agent. Visible Loss or
Damage. Any external evidence of loss or damage must be noted on the freight bill or carrier's receipt and signed by the carrier's agent. Failure to do this will
result in the carrier refusing to honor the claim. For your protection our billing includes insurance for damage or loss in transit. Concealed Loss or Damage.
If damage is not discovered until the shipment is unpacked, make a request for inspection by the carrier's agent and file a claim with the carrier.
10. LIMITATIONS OF USE. Products are intended for commercial use only. Products sold by Thehottubdoctor are not recommended or authorized for use in
life support, surgical implantation or nuclear applications. Thehottubdoctor Customers using or selling Products for use in surgical implantation or nuclear
applications do so at their own risk, agree that Thehottubdoctor and the manufacturer of the Products are not liable, in whole or in part, for any claim or
damage arising from such use, and agree to fully indemnify, defend and hold harmless Thehottubdoctor and the manufacturer of the Products from and
against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in surgical
implantation or nuclear applications.
11. STATEMENTS AND ADVICE. If statements or advice, technical or otherwise, is offered or given to Customer, such statements or advice will be deemed to
be given as an accommodation to Customer and without charge and Thehottubdoctor will have no responsibilities or liabilities whatsoever for the content or
use of such statements or advice.
12. SOFTWARE. If an order includes computer software, such computer software is transferred by Thehottubdoctor to Customer pursuant to a single user
license, the royalty, terms and conditions of which are set forth on or in the packaging accompanying such software. Unopened software maybe returned for
credit. Opened software may not be returned unless defective.
13. FORCE MAJEURE. Thehottubdoctor will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable
control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God,
acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions,
computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. Thehottubdoctor time for delivery or performance will be extended by
the period of such delay or Thehottubdoctor may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.
14. GENERAL. The Terms and Conditions may not be modified or cancelled without Thehottubdoctor written agreement. The sale of Products hereunder will
be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule,
acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of Products. No rights, duties,
agreements or obligations hereunder may be assigned or transferred by Customer without the prior written consent of Thehottubdoctor. The obligations,
rights, terms and conditions hereof will be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. The waiver
of any breach of any term, condition or covenant hereof or default under any provision hereof will not be deemed to constitute a waiver of any other term,
condition, or covenant contained herein or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and
Conditions will be governed by and construed in accordance with the laws of the state of Tennessee and the applicable laws of the United States. Customer
will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is
required without first obtaining all licenses and other approvals. Thehottubdoctor hereby disclaims any interest in the trademarks, trade names, service
marks, logos, copyrights, patents, domain names and other intellectual property of third parties.
15. INTERNATIONAL ORDERS. Thehottubdoctor accepts orders from other countries. All orders of international origin are exported from the U.S. in
accordance with Export Administration Regulations. All taxes, duties, insurance, shipping charges, and other international charges and fees are the
responsibility of the Customer. Minimum order is $50.00. Information including price quotations, handling, documentation and shipping can be obtained
by writing:
Thehottubdoctor.com.

Terms for payment on export orders are cash or credit card. Cash orders in U.S. dollars will be accepted for immediate processing. Credit terms are available
to qualified customers - inquire when placing order.