STANDARD TERMS AND CONDITIONS OF SALE
The Snorkel Company would like to share the following terms and conditions regarding hot tub orders.
TERMS AND CONDITIONS OF SALE
1. Acceptance of Terms
These Terms and Conditions of Sale (“Terms”) apply to all purchases of products from SNORKEL SPA CORP., a Washington corporation (“Snorkel”). These Terms are incorporated into and form part of any quotation, order acknowledgment, invoice, and bill of sale issued by Snorkel. By placing an order, making payment, or accepting delivery of any product, the customer (“Customer”) agrees to be bound by these Terms. If Customer does not agree to these Terms, Customer must not proceed with the purchase.
2. Orders and Payment Terms
All Snorkel products are built to order. To secure a place in Snorkel’s production schedule, Customer submits a deposit equal to fifty percent (50%) of the total order price at the time the order is placed. The remaining balance of the total order price is due prior to the commencement of production. Snorkel will not begin production until full payment has been received. Snorkel reserves the right to reject or cancel any order prior to production in its discretion, in which case any amounts paid by Customer will be refunded in full.
3. Cancellation and Refund Policy
Customer may cancel an order at any time prior to the start of production and receive a full refund of any deposit paid. Once production has commenced, orders may not be cancelled without charge. If Customer elects to cancel an order after production has begun, Snorkel will issue a refund of amounts paid, less a cancellation fee equal to five percent (5%) of the total order value, to account for administrative costs, materials, and production allocation. Any refunds, will be processed within thirty (30) days following confirmation of cancellation.
4. Shipping and Delivery
Shipping estimates are provided at the time of order; however, final shipping costs may vary depending on carrier rates, access conditions, and delivery requirements at the time of shipment. Snorkel will use commercially reasonable efforts to honor the quoted shipping estimate, provided the order details remain unchanged.
Customer is responsible for confirming the delivery address at the time of order. Any changes to the delivery address after order placement may result in additional charges, including but not limited to increased freight costs, re-routing fees, storage fees, or redelivery charges, all of which shall be the responsibility of Customer.
All products are shipped via third-party carriers. Snorkel will coordinate shipment and provide tracking information when available. Delivery may be made to Customer’s address (if accessible by freight carrier) or to a designated terminal for pickup. Customer is responsible for ensuring that the delivery location is accessible and for arranging any necessary assistance to unload the shipment. Freight carriers are not obligated to unload shipments without assistance, and additional charges may apply for residential delivery, limited access locations, liftgate service, or other special handling requirements.
5. Claims for Products
All products are carefully inspected and packaged prior to shipment. All claims for loss, damage, or shortage occurring in transit must be filed directly with the delivering carrier. Snorkel will provide reasonable assistance by supplying documentation to support such claims. Customer should promptly unpack and inspect all products upon receipt and verify the contents against the packing lists provided. Customer must report any visible damage to Snorkel via email within twenty-four (24) hours of delivery and may also report any concealed or hidden damage discovered upon unpacking within forty-eight (48) hours of delivery.
Any discrepancies or incorrect items must be reported to Snorkel within seven (7) days of receipt. Approved claims for incorrect items will be fulfilled by Snorkel, typically via ground shipment. Snorkel reserves the right to deny discrepancy claims reported after such seven (7)-day period.
For additional guidance on filing claims with the carrier, please refer to the “Filing Claims with Carrier” section below.
6. Risk of Loss and Transfer of Responsibility
Risk of loss and title to the product transfer to Customer upon delivery of the product to the carrier for shipment. Customer assumes all risk of loss, damage, or delay in transit and is solely responsible for pursuing any claims against the carrier for loss or damage occurring during shipment. Snorkel shall not be responsible for any loss or damage caused by the carrier or occurring during transit, but will reasonably cooperate with Customer in providing documentation necessary to support any such claim. Upon delivery, Customer assumes full responsibility for the product, including any loss, damage, or handling thereafter. Any transportation, relocation, installation, or handling of the product after delivery, whether performed by Customer or any third party, is solely at Customer’s risk.
7. Installation and Customer Responsibilities
Customer is solely responsible for the installation, configuration, and setup of the product. Customer agrees to review all installation instructions and materials provided by Snorkel prior to installation and to ensure that the installation site is properly prepared and capable of safely supporting the product and its operation. Customer is responsible for compliance with all applicable local, state, and federal building, electrical, and safety codes, and for obtaining any required permits, inspections, or approvals. For any gas or electrical components, including high-load electrical systems or integrated equipment, Customer is responsible for hiring licensed and qualified professionals experienced in such systems. Customer is responsible for ensuring that the installation environment includes appropriate electrical capacity, grounding, ventilation, load management, and other safety measures consistent with applicable standards. Customer acknowledges that improper installation or insufficient infrastructure may result in damage, malfunction, or safety risks that may cause serious injury or death.
Snorkel makes no representation or warranty that the product complies with any particular building code, electrical code, insurance requirement, or certification standard, or that the product is suitable for any particular installation environment. Customer is solely responsible for determining suitability for its intended use and installation environment, including verifying site suitability, structural support, ventilation, and utility connections.
Any modification, alteration, or integration of third-party equipment not expressly authorized in writing by Snorkel may increase operational risk and will void any applicable warranty. Snorkel is not responsible for the work, omissions, or errors of any third-party installers, contractors, or service providers. Snorkel may provide general guidance or customer support; however, such assistance is provided for informational purposes only and does not constitute supervision, inspection, or approval of installation. Customer should complete installation within a reasonable time after delivery, and in any event within six (6) weeks, to ensure proper inspection and use of the product.
8. Product Use, Safety, and Limitations
Customer acknowledges that the product involves the use of water, heat, and, in some configurations, gas, solid fuel (including wood-fired stoves), or electrical systems, and that improper installation, operation, or maintenance may result in property damage, personal injury, or other risks. Use of wood-fired or solid-fuel heating components presents inherent risks, including hot surfaces, exposed stove pipes, sparks, embers, and open flame, which may cause burns, fire, or damage to surrounding property and to users.
Customer is responsible for maintaining appropriate clearance from combustible materials, avoiding installation beneath or near flammable structures (including roofs or overhangs), and ensuring that the surrounding area is suitable for safe operation. Customer is solely responsible for the safe use, operation, and maintenance of the product and for ensuring that all users follow applicable instructions and safety guidelines. The product is provided for its intended use as described in Snorkel’s materials and instructions. Any modification, misuse, or use inconsistent with provided guidance is at Customer’s sole risk.
9. Warranty
Snorkel provides a limited manufacturer’s warranty covering certain components of its products, including wood and stove components, as set forth in Snorkel’s separate warranty documentation (the “Warranty”). The Warranty is incorporated herein by reference and governs the scope, duration, and limitations of coverage. Except as expressly provided in the Warranty, Snorkel makes no warranties, express or implied, regarding the product. Certain components or accessories that are manufactured or supplied by third parties may be subject to separate warranties provided by those manufacturers. Snorkel does not provide any warranty for third-party components and is not responsible for the performance or failure of such components, but may assist in facilitating warranty claims where reasonably possible.
10. Returns and 60-Day Money-Back Guarantee
Snorkel offers a sixty (60)-day money-back guarantee from the date of delivery, subject to the terms set forth herein. To qualify for a refund, Customer must return the product, including all components and materials originally provided, in substantially the same condition as delivered. Customer is solely responsible for all costs associated with return shipping, handling, and insurance. Upon receipt and inspection of the returned product, Snorkel will issue a refund of the purchase price paid, less any applicable costs for damage, missing components, or excessive wear beyond normal handling.
This guarantee does not apply to damage resulting from improper installation, misuse, modification, or failure to follow instructions. Snorkel reserves the right to deny or reduce refunds if the product is not returned in acceptable condition.
11. Customer Support
Snorkel provides customer support to assist with general questions regarding product assembly, installation, and use. Customer support is available Monday through Friday from 9:00 a.m. to 4:30 p.m. Pacific Time, excluding holidays. All support is provided for informational purposes only. Snorkel does not supervise, control, or assume responsibility for installation, operation, or maintenance of the product. Customer remains solely responsible for all decisions and actions taken based on such guidance.
12. Limitation of Liability
To the maximum extent permitted by law, Snorkel and its affiliates, contractors, suppliers, partners, collaborators, and their respective officers, directors, employees, agents, and representatives (collectively, the “Snorkel Parties”) shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation loss of profits, loss of revenue, loss of use, business interruption, loss of digital assets, or property damage, arising out of or relating to the purchase, delivery, installation, or use of the product.
To the fullest extent permitted by law, the total cumulative liability of the Snorkel Parties arising out of or relating to any product or order shall not exceed the amount actually paid by Customer for the product giving rise to the claim.
Without limiting the foregoing, the Snorkel Parties shall have no liability for damages arising from or related to: (a) improper installation; (b) failure to follow instructions or applicable codes; (c) use of unlicensed or unqualified installers; (d) modifications, misuse, or integration with third-party equipment (including high-load electrical systems or computing hardware); or (e) acts or omissions of third parties, including carriers, contractors, or service providers.
13. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN SNORKEL’S LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, SNORKEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SNORKEL DOES NOT WARRANT THAT THE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS, COMPLY WITH ALL APPLICABLE CODES OR REGULATORY STANDARDS, OR OPERATE WITHOUT INTERRUPTION, ERROR, OR DEFECT. CUSTOMER ACKNOWLEDGES THAT CERTAIN PRODUCTS MAY BE EXPERIMENTAL, PRE-CERTIFICATION, OR NOT THIRD-PARTY CERTIFIED, AND MAY INVOLVE RISKS THAT DIFFER FROM CONVENTIONAL PRODUCTS.
14. Indemnification
Customer agrees to indemnify, defend, and hold harmless the Snorkel Parties from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s installation, use, or operation of the product; (b) failure to comply with applicable laws, codes, or regulations; (c) use of unqualified or unlicensed installers; (d) modification, misuse, or integration of the product with third-party equipment (including high-load electrical systems or computing hardware); or (e) injury, property damage, or other loss occurring after delivery of the product, including claims brought by third parties or insurers.
15. Governing Law; Dispute Resolution; Class Action Waiver
These Terms and any dispute, claim, or controversy arising out of or relating to the Product, its purchase, delivery, installation, or use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Customer agrees that any dispute shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Customer expressly waives any right to participate in a class action, class arbitration, or other representative action against Snorkel.
16. Miscellaneous
These Terms, together with any applicable warranty documentation and order materials, constitute the entire agreement between the Snorkel Parties and Customer regarding the subject matter herein and supersede all prior or contemporaneous communications. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Snorkel’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it in the future. These Terms are binding upon Customer and Customer’s heirs, representatives, successors, and assigns.
Filing Claims with Carriers
To assist Customer in filing claims with the carrier, the following general procedures are recommended:
Customer should take photographs of the shipment at the time of delivery, including images from all four (4) sides during unloading, and retain such photographs to support any claim.
(a) Visible Damage. At the time of delivery, have the driver note the nature and extent of any visible damage on the freight bill or delivery receipt. Notify the carrier promptly and request an inspection. File a claim with the carrier as soon as possible. The carrier may, at its discretion, offer settlement options such as payment for replacement parts, repair, or replacement of the damaged merchandise. Supporting photographs should be included with any such claim.
(b) Concealed Damage. If damage is discovered after unpacking, notify the carrier immediately and request an inspection. File a claim following the inspection. Retain all packaging materials until the claim is resolved, and document the damage with photographs.
(c) Shortages. Verify that the number of cartons delivered matches the number listed on the delivery documentation. If there is a discrepancy, have the driver note the shortage at delivery. If missing items are not located within a reasonable time, initiate a tracer or claim with the carrier, supported by any available documentation and photographs.
(d) Damaged Merchandise. Do not return damaged merchandise to Snorkel. The carrier will typically arrange for inspection and pickup after the claim is processed.