Terms of service

These terms and conditions apply to all ordering methods: online, phone, fax, or mail.

• Dream Maker Spas delivers anywhere within the U.S. 48 contiguous states only, where surface delivery is permitted. Unfortunately we do not ship to Alaska or Hawaii at this time.  New spas are delivered by freight truck, which is added to your bill at check-out. Parts and supplies are delivered using UPS, which is added to your bill at check-out. You will have an option to select standard delivery or a faster option for your parts, accessories or supply delivery.
• A daytime phone number is required in order for the freight company to call you for delivery arrangements.
• A physical address is required. We cannot ship spas to PO Boxes or APO. Due to high ticket value, if paying by credit card, the specified delivery address must match your credit card billing address for your protection and ours.
• Due to size, these items must be shipped via truck. You should have help on hand to assist you. The driver is responsible for unloading curbside or driveway delivery. It is your responsibility to position and install the unit into your yard or home. Some freight carriers will do this for you, for an additional fee.
• Most residential addresses are accessible, but locations which are not accessible by tractor-trailer -or- which require extra handling may be subject to additional charges. Examples include: narrow lanes, alleys or bridges, islands or locations requiring ferry boat transportation, toll-bridges, gated communities restricting trucks, un-paved roads, and remote rural locations. If in doubt, call us and we will check with the delivery company prior to proceeding to quote any extra delivery charges. We will obtain your approval for additional charges, if any. We reserve the right to decline orders for which we determine that delivery is impractical.
• You or a person you designate must be on hand to inspect and sign for truck deliveries. Carefully inspect the carton and packaging, and note any damage, no matter how slight, on the freight receipt prior to signing. Missed delivery appointments may result in redelivery charges to you.
• Damage is very unlikely, but if the merchandise itself appears damaged, note it on delivery receipt and call Dream Maker Spas immediately for assistance. If you or your designee sign for and accept the delivery without noting damage, you are indicating that the shipment arrived in good condition, and no claims can be made.
• Customer shall be responsible for all freight charges associated with cancelled orders.

This agreement can be modified at any point, if necessary, by Dream Maker Spas.

We are happy to help with any questions. Call us at 1-888-329-4847, weekdays from 8:30 a.m. to 5 p.m., Eastern time.

 

SUPPLIER TERMS AND CONDITIONS

SHIPPING AND BILLING INSTRUCTIONS

1. Invoicing – Two copies of each invoice must be mailed to Dream Maker Spas. Attn: Accounts Payable,2542 Lake Emma Road Suite 1000, Lake Mary, FL 32746 on the day of shipment. Periods within which payment must be made in order to qualify for discounts for prompt payment shall be deemed to commence upon receipt of all the following:

All subject merchandise, all bills of lading with respect thereto and invoices therefor. Separate invoices must be furnished for each shipment against each order showing point of shipment and routing. The original bill of lading and express bill for any prepaid express or freight shipment must be attached to invoice.

1. Packing – Merchandise must be delivered in standard commercial containers acceptable by the carrier for safe transportation at the lowest rate and upon the best terms and discounts prevailing at the time of shipment to the point of delivery. No charges will be allowed for drayage, blocking or packing except as arranged at the time of purchase. No freight charges will be allowed higher than those of the designated carrier or designated type of transportation as shown on the face of this purchase order.
2. Marking – Packages must be marked with the shipper’s name and purchase order number shown on the face of this purchase order. Packages should contain one copy of the complete list of merchandise contained therein. Each package must be numbered if there is more than one per shipment. The number of the package must be identified with the contents as shown on the shipping or packing list. Any extra expense for dunnage, waiting time, etc. due to the lack of such information will be deducted from payment against invoices. This information is required even though shipment may be made by a sub-vendor of the shipper.

TERMS AND CONDITIONS

In addition to all implied warranties of title of quality provided by law (which warranties are hereby expressly adopted and made applicable hereto by seller). SELLER, BY ACCEPTANCE OF THIS PURCHASE ORDER, EXPRESSLY COVENANTS, WARRANTS, GUARANTEES AND AGREES:

1. Merchandise – All materials, items, articles, products and merchandise (hereafter “merchandise”) furnished under this purchase order and the packaging label and labels and registration thereof do not infringe any patent, trademark or copyright, strictly comply in every respect with all requirements of this purchase order and with all applicable acts, laws, requirements, rules, regulations and provisions of competent governmental authority (whether federal, state, local or otherwise) and any amendments thereto and, if electrical merchandise bears the approval of the Underwriters Laboratories, Inc.
2. Merchandise Conforms – All such merchandise may be introduced lawfully into interstate and intrastate commerce, conforms to the descriptions, specifications and requirements contained in this purchase order and drawings to written instructions provided with this purchase order and, if the sale be by sample, conforms to the sample. Seller, to the extent required by law, has registered and is duly licensed to sell and distribute all such merchandise.
3. Indemnification – Seller shall, at buyer’s option defend buyer (and its agents, servants, employees, officers and directors, and any third party to whom buyer may owe a similar obligation by contract or operation of law) against each and every demand, claim, assertion of liability or action arising or alleged to arise, directly or indirectly, out of (i) the possession, use, sale or handling of any merchandise sold or delivered by seller pursuant to this purchase order (ii) any act, omission or failure to perform the obligation or requirements hereunder of seller or imposed by law or (iii) the passive secondary or concurrent (but not sole) negligence with respect to the merchandise sold and delivered hereunder of buyer (and its agents, servants, employees, officers and directors), made or instituted by any person, group or organization, including employees of seller or buyer, whether such demand, claim, assertion of liability or action be for (a) damage, sickness, injury or death to persons, (b)damages or injury to property, whether of buyer or otherwise, (c) inaccurate, incomplete of false labeling or description, (d) defects in quantity or quality, or (e) breach of any warranty, express or implied, whether included herein or otherwise, and seller shall assume legal responsibility for, indemnify and hold free and harmless buyer (and its agents, servants, employees, officers and directors, and any third person to whom buyer may owe a similar obligation by contract or operation of law) against any and all loss, damage, fines, liability costs and expenses (including, but not limited to, attorney’s fees, court costs and reasonable investigative discovery costs) and any other sums which buyer (or its agents, servants, officers or directors) may reasonably pay or become obligated to pay on account of each and every such demand, claim, assertion of liability or action. Buyer agrees to notify seller promptly in the event any such demand, claim, assertion of liability or action is brought to buyer’s attention.
4. Inspection and Approval – All merchandise furnished hereunder is subject to inspection and approval by buyer upon receipt, notwithstanding prior payments thereof, and may be rejected, in whole or in part, by buyer if inferior in quality or workmanship or if not in conformity with the terms, specifications or requirements of this purchase order, the drawings or the written instructions furnished herewith, or for any other sufficient reason. If after receipt of such merchandise, or any part thereof, it is determined by buyer in its good faith discretion to be defective or not in compliance with the terms, specifications or requirements of this purchase order, the drawings or the written instructions furnished herewith, or otherwise unfit for sale, such merchandise is subject to rejection at that time as if it had never been accepted. If so rejected by buyer, such merchandise (and, in the case of merchandise shipped in excess of this purchase order, the excess) shall be subject to return to seller with charges for transportation both ways, labor and other costs of unloading, trucking and similar costs payable by seller and at full credit to buyer. Merchandise so rejected may not be replaced except upon receipt of written instruction from buyer. Seller shall reimburse buyer for any loss, damage or expense incurred by buyer arising or resulting from the sale by buyer or merchandise which is not in conformance with the terms, requirements and specifications of this purchase order or the drawings or written instructions furnished herewith.
5. Payment – Neither payment of invoices nor delayed return of merchandise shall constitute acceptance of merchandise or be deemed to waive buyer’s rights to return merchandise. Payment by buyer will be made on invoices only as reflected in buyer’s remittance advice to seller computing the payment to be made by buyer. Within ten (10) days after receipt of said advice, seller shall notify buyer in writing (attention: Accounting Department aft buyer’s address shown here on) of any discrepancies claimed to arise out of facts occurring on or before the date of the last transaction reflected in said advice, and seller waives any discrepancy as to which notice is not give n as prescribed. Buyer has the right to cancel any or all undelivered portions, if any of this purchase order if delivery is not made strictly in accordance with each and all of its provisions.
6. Insurance – Upon request of and in the form requested by buyer whenever made, seller shall furnish to buyer evidence of insurance with a carrier in form acceptance to buyer, specifically recognizing and insuring seller against seller’s contractual liabilities assumed in paragraph 3 above, with policy limits not less than the following:

Bodily Injury: $500,000 any one person and $1,000,000 any one incident: Property Damage: $100,000 any one incident

1. Cancellation – Buyer shall have the right, without obligation, to countermand or cancel this purchase order in case of interruption of this business due to fire, earthquake, casualty or labor dispute, or any cause wholly or partially beyond the control of buyer.
2. Recall – In the event that buyer is required or chooses in its good faith discretion to repurchase, recall, give public notice of product hazard or defect of, withdraw from its proposed chain of sale, remove from its shelves, return to seller, or otherwise dispose of or

render unusably any merchandise purchase by it from seller, whether by government authority, seller, adverse publicity or otherwise, and whether or not such merchandise otherwise complies with the terms of this purchase order, seller shall reimburse buyer for all amounts paid or incurred by it in connection with such purchase, recall, notice, withdrawal, return, removal or disposition.

In the event of any such purchase, recall, notice, withdrawal, return, removal, or disposition other than at buyer’s discretion, seller shall, in addition, pay to buyer an amount equal to 10% of the purchase price of the merchandise of account of buyer’s cost of handling.

1. Inspection – Seller agrees to inspect all articles governed by this purchase order which are manufactured or assembled by seller and to include an inspection certificate with each shipment. The articles must also be subject to inspection by buyer at seller’s plant or at buyer’s plant or both. In the event any articles are found to be of inferior workmanship or defective or fail otherwise to comply with purchase order, buyer shall have the right to return them to seller if other satisfactory arrangements are not made within 10 days after notification and to reduce the quantity covered by this purchase order by the number of defective articles or to require seller at seller’s option to replace the defective articles or remedy their defects. All transportation costs in connection with returned articles and replacements shall be for the account of seller.
2. Assignment – Seller shall not, without the prior written consent of buyer, assign or pledge this purchase order or any of seller’s rights or obligations hereunder, except Seller’s right to receive moneys due or to become due. However, holders of this contract and assignees of financial documents issued under this contract are subject to all claims and defenses which the buyer could claim against the seller of the goods or services covered by this contract.
3. Taxes – Prices specified herein include all applicable federal, state and local taxes imposed upon the manufacture’s sale or use of the articles covered by this order. Such taxes shall be separately itemized on all invoices. If hereafter any further taxes are imposed, or the rate of any tax changes, the prices herein shall be increased or decreased accordingly, and the amount of such charge shall be separately itemized on all invoices.
4. Quantities – Seller agrees that it will ship within a + 5% and -2% of quantities ordered.
5. Acceptance – Any acceptance of this purchase order or the delivery of the merchandise or any part thereof described herein shall be deemed unconditional acceptance of each and all of the terms hereof and any qualification of such acceptance and any terms varying from, or in addition to , the terms hereof are hereby rejected, unless expressly accepted by buyer in writing.
6. Any designs, drawings, specifications, or other manufacturing information delivered by Seller to Buyer may be used by Buyer for any purpose whatsoever. The foregoing shall apply not withstanding the presence of any contrary statement on any such information provided by Seller. This language should also be added as a separate trademark section:
7. Patents and Trademarks (a) Seller warrants that the sale or use of the goods covered by this order either alone or in combination with others will not infringe or contribute to the infringement of any patents, trademarks or copyrights, either in the U.S.A. or in foreign countries, and Seller agrees to defend every suit brought against Buyer or any party selling or using any of Buyer’s products for alleged infringement of any patent by reason of the sale or sold goods alone or in combination with other goods, and to pay expenses, costs, damages, recovered profits, and counsel fees incident thereto.

(b) Whenever Buyer so requests, by blueprint notation or written instruction, Seller will place on goods covered by this order, in the manner specified by Buyer, such Trademark and or identifying mark as Buyer may specify with cost to Buyer. If the material specified in this order is particular to Buyer’s design, either as an assembly or component part of any assembly, or bears the Buyer’s Trademark and/or identification mark it shall not bear the Trademark or other designation of the maker and similar material shall not be sold or otherwise disposed of to anyone other than Buyer.

(c) Any unpatented knowledge or information concerning Seller’s products, methods, or manufacturing processes, which Seller discloses to Buyer incident to the manufacturing of the goods covered by this order shall be deemed to have been disclosed as a part of the consideration for this order, and Seller agrees not to assert any claim against Buyer by reason of Buyer’s use or alleged use thereof.