Terms and Conditions
Before the point of sale of goods and services, customers accept that they have read and understood all Ezy Spa Movers terms and conditions and are willing to proceed under these terms and conditions.
Ezy Spa Movers will require a booking fee or payment in full prior to and for holding a delivery spot or a holding fee, for used spa customers.
This will hold the delivery time slot and is not repayable if the customer changes mind or decides to use another contractor or if we arrive on site to perform a relocation and site is not accessible due to any reason other than Ezy Spa Movers error. If delivery is completed then this booking fee is included in the total invoice amount.
All quotes provided are valid for 30 calendar days only. Ezy Spa Movers reserves the right to void quoted prices after this time. All prices quoted are AUD and inclusive of GST. Regarding pricing mistakes or errors, we make every effort to ensure prices and product information displayed on our website, catalogues or advertisements are correct and up-to-date.
Once quotation has been accepted an invoice will be generated and payment in full must be received before delivery can be finalized. Any unpaid invoice or invoices means that the delivery cannot be made until full payment has been made. Storage fees may be relevant if the invoice remains unpaid. If the invoice remains unpaid after three months Ezy Spa retains the rights to sell the property or item/s to recover its costs, including full recovery of legal costs once finalized. Any remaining balance will be returned back to the relevant person/s involved (if any). The customer is to provide clear access to the item in question which is to be recovered without malaise or legal action and allow full access, assistance and cooperation for Ezy Spa to recover its costs.
Ezy Spa Movers use photos or videos as a guide only to provide a fair and reasonable quotation for delivery into position as per customers request. Photos cannot be used against Ezy Spa movers to provide an absolute definite quotation that covers all aspects of a customers site installation or site access or to cover any possible interference from personal property or assets or unforeseen obstructions or any third party equipment that may be required to complete the installation of the spa to be delivered as per the customer’s request. Ezy Spa reserves its right to update the quotation if and when new information arises that changes the scope and cost of undertakings.
The customer must use its best endeavors to ensure the Spa will actually fit into the area described. The customer must ensure that they have checked all requirements to ensure the Spa will fit into position the first time. The customer is required to supply safe and reasonable access which would not cause damage to the customers property including tiles, flooring or any other material that Ezy Spa Movers is required to travel over while installing or delivering a customers spa into the customers desired position as per their request.
The customer is required to provide clean access for all of Ezy Spas equipment to provide safe and undamaged access to customers personal property, including ensuring the removal of rocks, personal items, plant equipment, plant material, and all other materials and items which would reasonably be expected to be removed for safe delivery and/or removal.
The customer is expected to provide all reasonable access details and photos of desired location including both pick up and delivery sites for spa delivery.
Ezy Spa Movers reserves the right to determine if the site access or transportation requirements are unsafe to proceed. If deemed unsafe Ezy Spa Movers will abort or place the spa in a safe secure location. If deemed unsafe by Ezy Spa Movers staff, then the job at hand will be treated as if the customer has not prepared the property as per Ezy Spa Movers requirements for safe passage or not provided all the relevant site details for staff equipment, staff personnel and customers personal property and for health and safety reasons.
All booking fees will still be payable and all third party contractors fees (if relevant) are still payable directly to relevant parties. Ezy Spa Movers are not responsible for any future third party contractors that the customer may deem necessary to engage after-the-fact to complete the service or otherwise.
The customer is to provide a clear and accurate size and weight of the spa or hot tub being transported. Ezy Spa Movers are in no way held responsible financially or in any other manner for customer error/s, or if the customer has not prepared a clear or clean area (or otherwise) for the installation of the Spa or Hot tub.
This includes as mentioned earlier the removal of gates, fences, or any other material or goods including plant material and plant equipment.
The customer has checked and confirmed the Spa or Hot tub will enter into the intended location without the removal of loose items or removal of fixed items including doors, gates, fences, pot plants, or other furniture.
Ezy Spa Movers or any of its parent companies or affiliates cannot and are not held responsible (financially or otherwise) for repairable action for any second-hand spa or used spa while in transit or while in Ezy Spa Movers possession.
Ezy Spa Movers provides quotes being over the phone or in writing are a guide only and are for a one attempt delivery only.
If the spa is unable to be installed on the first attempt of delivery, or if it is found that the spa will not fit or there is an obstruction or incorrect information has been provided, preventing the placement then an rebooking fee for a second attempt of placement is payable to Ezy Spa Movers. Such a Rebooking Fee cost will be determined at time of first delivery or within a reasonable timeframe, usually within 14 business days.
Ezy Spa Movers uses photos as a GUIDE ONLY and cannot definitively conclude actual measurements or if the spa can fit into required position from photos or from customers directions. Ezy Spa relies on the customer to provide accurate information and measurements, otherwise a rebooking fee is payable.
This Refund Policy (“Policy”) applies to Ezy Spa Movers services.
- We offer refunds, repairs and replacements in accordance with the Australian Consumer Law (‘ACL’) and on the terms set out in this Policy.
- Any benefits set out in this Policy may apply in addition to consumer’s rights under the ACL.
- Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your services received.
- Australian Consumer Law
- Under the ACL:
- Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with any goods purchased from us, you are entitled:
- To cancel the purchase; and
- To a refund for the price of the goods; and
- Compensation for any damage or loss (whether direct or consequential) that was, or reasonably ought to have been, foreseeable by us.
- If the failure with the service does not amount to a major failure, you are entitled to a re-supply of the goods within a reasonable time, or to cancel the purchase and be provided with a refund of any price paid.
- We offer refunds, repairs, and replacements in accordance with the ACL.
- If the ACL applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the ACL, the ACL will prevail.
- Further information about the ACL and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
- If a product or service which you purchased from us has a major failure (as defined in the ACL) then you may be entitled to a replacement or refund.
- If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the ACL) then you may still be entitled to have the goods repaired or replaced.
- Cancellation and Change of Mind
- We do not offer any refund if you change your mind, or find the same service cheaper elsewhere.
- Products Damaged During Delivery
- In the event that the product you ordered has been damaged during delivery:
- Please contact us as soon as possible
- Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
- We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within days from the date of receiving the product.
- Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
- You misused the said product in a way which caused the problem.
- You knew or were made aware of the problem(s) with the product or service before you purchased it.
- You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
- Any other exceptions that apply under the ACL.
- Shipping Costs for Returns
- In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the ACL, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.
- If the Returned Product can easily be shipped or returned, then you are responsible for organizing for the Returned Product to be returned to us. IF the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the ACL) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
- In the event that we organize and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the ACL), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
- Booking Fee
- Ezy Spa Movers will require a booking fee for holding a delivery spot or a holding fee, for used spa customers. This will hold the delivery time slot and is not repayable if the customer changes their mind or decides to use another contractor or if we arrive on site to perform a relocation and site is not accessible due to any reason other than Ezy Spa Movers error.
- Response Time
- We aim to process any requests for repairs, replacements or refunds within 10 business days of receipt.
- How to Return Products
- You can contact us using the contact email provided at the end of this Policy to discuss a return using the information.
- Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
- To be eligible for a refund, repair or replacement, you must provide proof of purchase.
- You may be required to provide a government issued identification to quality for a refund, repair or replacement.
- Contact Us
- If you wish to speak with us about this Policy or about any refund, repairs or replacements, please contact us at: https://www.ezyspamovers.com.au/contact/ or on 1300 756 987
Extra Time Required On Site
If an Ezy Spa staff member/s is required to wait 30 minutes or longer for circumstances including where items are to be removed or if the customer is not available at either the pick up or drop sites, or for other reasons due to the customer not being ready and prepared, the customer agrees to an hourly rate being charged starting from the first arrival site time. Hours charged for two staff members will begin at $180 per hour plus GST.
If staff are required to assist in removal of items to ensure spas desired position (including moving or removal of doors, gates, fences, pot plants, furniture etc) then the hourly charge fee as detailed above will come into effect from first arrival site time.
Third Party Contractors
Ezy Spa Movers will engage third party contractors needed to complete the delivery, positioning, removal of the spa (such as crane operators), or to conduct certifications or recertifications. These third party contractors costs will be forwarded to the customer and payable either directly to the third party contractor or to Ezy Spa Movers as required depending on prior arrangements. Ezy Spa Movers does not include third party contractors in its delivery costs unless prior arrangements have been made and advised on quoted invoices.
Delivery costs are always payable to Ezy Spa movers even if the third party contractors are required at a later date from ordinary delivery support, or if the crane has been deemed necessary to complete the delivery after the first attempt has failed.
Certifications and Recertifications
For certifications and recertifications, Ezy Spa Movers engages third party:
Canibuild Au Pty Ltd, ACN: 642 715 428.
Suite A31e, 24-32 Lexington Drive
Bella Vista NSW 2153
When obtaining certification and/or recertification services, the customer acknowledges that they will be subject to Canibuild’s terms and conditions of service. For any warranty or service issues here, the quickest resolution is through directly contacting Canibuild.
If required, Ezy Spa Movers can hold your Spa for a period of time without charge (maximum 48hrs). Beyond that timeframe, if the spa is held for any reason (other than Ezy Spa Movers being unable to deliver) then a storage fee will be chargeable relevant to the period of time held and size of the spa being held. This storage fee is non-refundable.
Warranties and Limitation of Liabilities
Warranty action is determined by the product and its respective warranty cover. Some products are replacement only, workshop only and infield cover and different products have different periods of cover for both parts and labour.
For direct replacement warranty the matter is usually actioned by the manufacturer’s as this is the quickest source of resolution. For all other matters, the issue must be determined and what caused it by an authorised service agent to inspect and assess and they will determine if the issue is product related or not.
Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded.
Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees“). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including under the ACL.
This is a representation that if the goods (or part of them) are defective, the Manufacturers or suppliers will:
- repair or replace goods (or part of them)
- resupply or fix a problem with services (or part of them)
- provide compensation to the consumer.
Please refer to the relevant manufacturer’s warranty if you would like to make a claim.
Subject to this clause, and to the extent permitted by law, including under the ACL:
(a) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(b) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
You must inspect the products for any superficial damage and notify us of any such damage within 7 days of delivery. Subject to this clause, we will not accept any liability for superficial damage notified outside this 7 day period. For the avoidance of doubt, this does not limit or exclude any rights you may have under the ACL.
All warranty claims must be made prior to the end of the warranty period. Where the Terms and Conditions apply to a supply between Retailer and Customer, then claims must adopt the following procedure and requirements:
(a) The end-user must at its expense either deliver to, or arrange for an infield inspection from, the authorised technician from which the Product was acquired;
(b) The Product must be delivered to, or inspected by, the manufacturer / supplier within the relevant guarantee period. All warranty claims must be accompanied by the original receipt;
(c) If supplier / manufacturer determines that the claim is valid, supplier / manufacturer will, at its option, return the repaired Product or provide a replacement Product free of charge;
(d) If supplier / manufacturer determines that the claim under the warranty is not valid, supplier / manufacturer will notify the end-user which will be required to cover costs.
The supplier / manufacturer warranty will not apply where the products have been:
(a) stored or handled inappropriately, negligently or in such a manner as to effect performance and operational life;
(b) installed outside specifications and installation instructions as published by the supplier / manufacturer from time to time;
(c) operated outside specifications, maintenance and operating instructions as published by the supplier / manufacturer from time to time;
(d) modified or altered in any way not approved by the supplier / manufacturer;
(e) damaged from normal wear and tear;
(f) damaged from:
(i) operation at a duty point other than that specified and quoted; (ii) sand or abrasive materials;
(iii) inappropriate chemicals or additives to the water including corrosive, saline or abrasive water or liquid;
(iv) electrolytic action;
(v) abnormal conditions including pressure, stress or liquid temperature beyond the recommended range;
(vi) incorrect voltage or ‘unclean’ electrical supply;
(viii) Acts of God including but not limited to lightning strikes or high voltage spikes;
(ix) the lack of reasonable and proper use, maintenance and repairs; or
(x) repairs or maintenance conducted by unauthorized persons.
The supplier / manufacturer warranty will not apply to:
(a) the replacement of the consumables of the Products;
(b) defects caused by products, components or services that have been supplied to the supplier / manufacturer by third parties.
Pursuant to the Australian Consumer Law, this clause applies in respect of any of the Products (excluding Services) supplied under this clause which are of a kind ordinarily acquired for personal, domestic or household use or consumption. To the extent permitted by law, supplier / manufacturer’s liability for failure to comply with a guarantee that applies under the Australian Consumer Law, is hereby limited to, in the case of the Products, at the supplier / manufacturer’s option, any one or more of the following:
(a) the replacement of the Products or the supply of an equivalent product;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or of acquiring an equivalent product; or
(d) the payment of the cost of having the Products repaired.
Issues not considered a faulty product that are neither minor nor major problems include:
- fair wear and tear of a consumable product or aspect of the product
- change of mind
- a defect due to abnormal use – for example, product is broken by being dropped.
These Conditions of Sale form the entire agreement between you and us.
We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
We reserve the right to terminate our contract with you or terminate your account with us.
You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
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You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Ezy Spa Movers’ prior written permission.
All rights not expressly granted herein are reserved.
Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. For any questions and notices, please contact us at:
EZY SPA MOVERS
PH: 1300 756 987
Address: 15/3 McDonald Road Ingleburn NSW 2565