Bullfrog Spas of Northern Utah Terms & Conditions

1. General Terms
2. Price Table
3. Communication
4. Payments
5. Consent To Access Property
6. Service Area
7. Storage
8. Site Visits
9. Spa Purchases
10. Leveling Services
11. Repair Services
12. In-House Repair Services
13. Repairs Outside The Service Area
14. Spa Moves
15. Equipment Services

1. General Terms

1.1 Introduction

Bullfrog Spas of Northern Utah and its subsidiaries takes pride in offering hot tub-related products and services to Northern Utah residents. This document outlines our services, policies, and processes.

1.2 Acceptance

Any individual or entity, hereafter referred to as (“The Customer”),  who purchases products, requests, or schedules services from Bullfrog Spas of Northern Utah or its subsidiaries, hereafter referred to as (“The Company”), agrees to be bound by the terms and conditions set forth in this document, and the entirety of the terms contained at support.bullfrogspasnorth.com/termsandconditions. These terms and conditions include the Company’s policies for communication, payment, consent to access properties, its defined service area, and detailed descriptions and agreements related to the services provided by the company. The company reserves the right to change these terms and conditions at any time without notice.

1.3 Severability

If any provision of these terms and conditions is determined to be invalid, unenforceable, or in conflict with any applicable law, the validity of the remaining provisions shall not be affected, and such provision shall be deemed to be severed from the terms and conditions. The remaining provisions of this agreement shall continue in full force and effect. In such cases, the parties shall make good faith efforts to replace the invalid or unenforceable provision with a valid and enforceable one that reflects the original intent of the parties.

1.4 Entire Agreement

These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations, whether written or verbal, relating to the subject matter hereof. No modification, amendment, or waiver of any provision of this agreement shall be effective unless in writing and signed by both parties.

1.5 Effective Date

These terms and conditions are effective as of November 1, 2023. By using our products or services, you acknowledge and agree that you have reviewed and accepted these terms and conditions as of the effective date for all current and future transactions.

2. Price Table

2.1 Price Table Use

Below is a summary of all the prices listed in this document. This table is provided as a summary of the prices and services offered but is not a comprehensive description of the meanings of the prices or services. For definitions of the following items, please visit the related terms and conditions page below.

Item	Price	Description
Mileage Rate	$3.75 / Mile	Dollar amount per mile for service.
Additional Technician Mileage Rate	$1.50 / Mile	Dollar amount per mile if an additional technician is required.
Storage Fee	$25 / Week	Storage fee for hot tubs, swim spas, and gazebos.
Winter Storage	$40 / Week	Relocation of product to a third-party climate-controlled storage facility if product requires it.
Site Visit Deposit	$89	A deposit is required to schedule an in-person site visit to evaluate the feasibility of new installations.
Order Deposit	Minimum 10%	A minimum 10% deposit of the total order, including taxes and fees, is due at signing.
Leveling Service	$520 for spas less than 115” $720 for between 116” and 160” $920 spas greater than 200”	Pricing for Company to level a spa.
Diagnostic Service	$169	Covers comprehensive diagnosis by one factory-trained service technician. Includes up to 60 miles roundtrip travel from our nearest showroom
Diagnostic Service – Loyalty	$149	A $20 loyalty discount is available to the original owners who initially purchased the products from the Company. This discount is only available to the original owner and is non-transferrable.
Hourly Rate	$89 / Hour	Minimum 1-hour charge beginning after diagnosis is completed. Additional time is billed in 30-minute increments.
Rush Service	$50	Scheduled at the discretion of the technician.
Return Trip	$149	Applies exclusively when a technician returns to complete repairs on a previously diagnosed issue. Bullfrog products under 10 years old are exempt from the return trip fee for previously diagnosed issues.
Cancellation Fee	$89	Cancellations less than one business day before the appointment will result in a cancellation fee.
In-house Repair Service	Starts at $400	The initial repair service Includes up to four hours of labor.
Failure to Respond	$89	If the Customer does not respond within 1 business day, a rotation fee may be charged to drain the spa and relocate it while the customer evaluates.
In-house Hourly Repairs	$89 / Hour	May be billed in 30 minute increments after the initial four hours have been exhausted.
Spa Move Base Rate	$750	This includes three (3) crew members, one (1) truck, one (1) standard trailer, standard spa moving equipment and up to three (3) working hours.
Spa Move Rush Fee	$120	Scheduled within less than 14 days notice.
Spa Move Extra Crew Member	$267	Four crew members are needed for spas between 86” and 115”, heavy spas, or challenging delivery paths with stairs or obstacles.
Spa Move Secondary Crew	$750	This is necessary for spas larger than 115″, extremely heavy spas, and those with challenging site conditions.
Spa Move Hydraulic Tilting Trailer	$300	This upgrade includes the use of a hydraulic tilting trailer, which becomes necessary when moving a spa larger than 115″ without a crane or telehandler.
Track Moving Service	$300	This is required when a spa larger than 115” cannot be moved with a crane, or the hydraulic trailer can not back up against the spa pad.
Vault Moving Service	$300	This service includes a fourth crew member and specialized equipment for placing or removing a spa from a recessed vault or deck.
Spa Move Electrical Connection Service	$100	Only available on Bullfrog branded hot tubs
Spa Move Cancellation Fee	$189	Cancellations less than one full business day prior to the day of the appointment will result in a cancellation fee.

3. Communication

3.1 Official Form Of Communication

Text messages between the Customer and the Company’s main line of communication, (801) 737-4515, are the only acceptable means of communication for scheduling, cancellations, acceptance, agreements, and other official matters. Services will not be considered confirmed until confirmation is given or received via text message.

3.1 How to Contact Us

If you have any questions, concerns, or general inquiries, we encourage you to reach out to us. We value your feedback and are here to assist you. For the quickest response, we recommend sending a text message to (801) 737-4515. If you prefer speaking over the phone, you may call at the same number during our office hours.

Office Hours:
Our offices are open during the following hours:
Monday – Friday: 10:00 AM – 5:00 PM

Store Hours:
Monday – Saturday: 10:00 AM – 5:00 PM

Mailing Address:
For written correspondence, our mailing address is:
Bullfrog Spas of Northern Utah
380 E 2000 N, North Ogden, Utah 84414

Physical Locations:
Visit our physical locations at:
Bullfrog Spas of Kaysville
457 Deseret Drive, Kaysville, Utah 84037

Bullfrog Spas of Ogden
380 E 2000 N, North Ogden, Utah 84414

Bullfrog Spas of Logan
2701 US-91, Logan, UT 84321

3.2 Consent to Communicate

By using our products and services, you consent to receiving important communication from the Company regarding your orders, services, and other related matters. While our primary communication method is Text Message, please note that we may also contact you via phone or email.

3.3 Text Messages

We may send text messages to the mobile number you provide for purposes such as order updates, appointment confirmations, service reminders, and promotions. Please be aware that message and data rates may apply, depending on your mobile carrier’s plan.

3.4 Email

We may send emails to the address you provide for important updates, order confirmations, invoices, service information, and promotions. You have the option to manage your email communication preferences, including opting out of promotional emails, by following the instructions provided in our emails.

4. Payments

4.1 Agreement to Pay

By placing an order for products, scheduling services, or requesting services, the Customer agrees to pay the total amount specified at the time of purchase, which includes any applicable taxes, fees, and shipping costs.

4.2 Card On file

To reserve any appointments or services, the Customer is required to provide a valid credit or debit card to be saved on the Customer’s file. The only exception to this is if the product needing service was installed by the company less than a year ago. If a card is not requested prior to service this does not imply that payment is not required for applicable fees incurred. In all other scenarios this requirement applies regardless of the status of any product warranties. By scheduling an appointment, the Customer agrees to have the provided credit card charged for applicable fees at the completion of the service including but not limited to trip fees, diagnosis fees, installation fees, non-warrantable repairs, parts, and other applicable items, depending on the specific job type. 

4.3 Payment Methods

For in store purchases, the Company accepts payments through the following methods: credit card, debit card, check, and cash. For in-field services the only accepted payment method is credit or debit card. The Company does not accept forms of electronic transfer.  The Customer is responsible for ensuring that their chosen payment method is valid and has sufficient funds to cover the transaction.

4.4 Financing

The Company does not provide in-house financing options. However, the Customer may apply for credit through our preferred financing partner, Wells Fargo. If pricing incentives are available, the Customer must make a qualifying purchase during the promotional period as determined by the product sales agreement. Customers who pay for products or services using third-party financing acknowledge that all aspects of the credit are governed by and managed by the third party, not by the Company. Therefore, for any finance-payment-related questions, customers should direct inquiries to the financial institution with which they applied for credit. The Customer may contact Wells Fargo Outdoor Solutions with payment related questions at 1-800-459-8451, Monday through Friday 7:00am-5:00pm MT.

4.5 Billing and Invoicing

For services that require recurring payments (e.g., subscription services), the Customer authorizes the Company to charge the Customer’s designated payment method automatically on a recurring basis until the Customer cancels the service. Invoices, receipts, or order confirmations will be provided to the Customer either electronically or physically, depending on the Customer’s preference and our available options.

4.6 Price Changes

We reserve the right to change the prices of our products and services at any time. However, please note that any price changes will not affect orders that have already been placed and confirmed. Orders that are not accepted for delivery within the timeframe specified on the related agreement may be subject to price changes as specified in the related agreement.

4.7 Overdue Balances

If a payment remains unpaid beyond the date specified in the contract or after 30 days, whichever is sooner, the balance will be considered overdue.  In the event of any default by the Customer in the payment of monies due, the Customer agrees to pay all collection costs and interest (1-1/2% monthly, ANNUAL RATE 18%) from the date of default, together with reasonable attorney’s fees should the Company prevail in any suit brought under this contract. The Company retains a secured interest in the product until the monies due are paid in full. In case of delinquency in payment, the owner grants the Company access to the owner’s property to repossess merchandise. The Customer is responsible for any damage to repossessed merchandise.

4.8 Returns

Hot Tubs, Swim Spas, Gazebos, and any other product typically installed by the Company may not be returned for any reason. These items are considered final sale. Supplies and accessories purchased from our point of sale system outside of a sales agreement may be eligible for returns according to the retail locations terms and conditions.

4.9 Refunds

Change orders, cancellations, adjustments or other events may result in the need for a refund. All refunds are issued to the original payment method. Checks will be mailed to the address listed on the original contract unless otherwise noted. Refunds will be processed or mailed within 3-5 business days from the date the event that resulted in a refund was finalized. On occasion, the customer may need to provide the original card information to facilitate a refund.

4.10 Disputed Charges

If the Customer believes there is an error or discrepancy in any charges on Customer’s account, they must contact our support team promptly to address the issue. Charges may not be disputed after 90 days from the date of the charge.

4.11 Taxes

Customers are responsible for any applicable taxes, including sales tax, value-added tax (VAT), or other similar taxes, as required by law.

4.12 Payment Security

We take payment security seriously and employ industry-standard security measures to protect Customers payment information.  However, we cannot guarantee absolute security, and Customers are responsible for safeguarding their payment details. Do not send sensitive information directly over text message, email, or other forms of digital communication. Only provide credit card information through our payment processing system’s secure applications, online portals, over the phone, or in person.

5. Consent to Access Property

5.1 Right of Entry

By requesting services from the Company, the Customer grants representatives of the Company the right to enter the property where the work is to be performed. This entry includes the delivery or collection of materials, tools, or equipment, as well as performing the necessary work.

5.2 Multiple Entries

This right of entry is not limited to a single use but authorizes multiple entries on each day of service, as reasonably required. The Company assumes no liability for any potential property damage resulting from these entries.

5.3 Responsibility For Animals

If the Customer has dogs or other animals on the property, it is their responsibility to securely restrain or remove them from the service area before work commences. The Company is not responsible for any animals that escape the property while services are being performed.

5.4 Safety Considerations

The technician reserves the right to deem the property unsafe if dogs, animals, or any other condition present a threat to the safety of the technician or the service. In such cases, a cancellation fee may be incurred.

5.5 Non-Accessible Properties

If the Company arrives to perform its services but the property or service area can not be accessed by the company a cancellation and trip fee may be incurred. Examples of this scenario include, but are not limited to, if the property is locked, if the site must be accessed through the home and nobody is on site to grant access, if access to the site is restricted by snow, mud, materials, vehicles or other items that otherwise make it impossible for the Company to complete the services.

5.6 Customer Presence

The Customer or a representative of the Customer must be on site during the installation or delivery of any new products. However, the Customer is not required to be present during service, provided that the spa site and the power disconnect are accessible without entering the Customer’s home. The Customer should ensure clear and unobstructed access for the technician to the work area.

6. Service Area

6.1 Regular Service Area

Any Customer located north of Salt Lake City, or within 30 miles of one way travel from the Company’s closest retail location is considered within the regular service area. Any installation beyond 30 miles is considered to be outside of the regular service area. Examples of cities outside of the regular service area include; Bear Lake, Fish Haven, Garden City, Laketown, Preston, Echo, Coalville, Wanship, Kamas, Park City, Heber, Salt Lake City, Tooele, Draper. This is not an exhaustive list.

6.2 Areas Covered By Partner Providers

Customers who are within 30 miles of a different Bullfrog Spas Location should first contact that local provider for products or services. Partner providers have locations in Salt Lake City, Herriman, Bluffdale, Orem, Springville and others in the surrounding states. Confirm your closest location by visiting bullfrogspas.com/stores

6.4 In-Area Discounts

If the Customer chooses to wait to have services completed when a crew or technician is already scheduled to be in the area, rather than making a special trip they may qualify for a 50% in-area discount. The Company reserves the right to determine if an in-area discount is applicable.

7. Storage

7.1 Storage Fees

The storage fee for hot tubs, swim spas, and gazebos is $25 / Week. The storage fee applies to products that have been awaiting Customer acceptance for more than 30 days.  The storage fee will be billed and automatically charged to the card on file in weekly increments. Examples of units that may incur a storage fee include newly ordered products that are in the Company’s possession awaiting delivery, but are delayed by circumstances that are the responsibility of the Customer such as final payment, site preparation, site accessibility, or other items. Other examples include units that have in-house repairs completed by the Company and are awaiting return to the Customer.

7.2 Storage Liability

Unless otherwise negotiated and agreed upon in writing between the Customer and the Company the unit in storage will be stored on outdoor shelving in its original packaging or the cover provided by the customer. Given the nature of outdoor storage, the unit may accumulate dirt, dust, water spots, or rain water, while in storage. Cleaning or startup services are not included with storage. 

7.3 Winter Storage

If a product requires storage any time between October and May, the Customer may choose to pay an additional $40 / Week to relocate the product to a third-party climate-controlled storage facility. If the Customer declines the climate controlled storage and elects to keep the product in the Company’s outdoor storage during this period, the Customer accepts all liability for any damages from freezing temperatures, and releases the Company from all liability for freezing damage while in storage.

7.4 Abandoned Units

If the customer does not pay the weekly storage fee for five (5) consecutive weeks, the unit will be considered abandoned and will become the property of the Company. At that point, the Company may sell or dispose of the spa at its discretion. The customer is still responsible for any outstanding balances.

8. Site Visits

8.1 Site Visit General Information

In certain situations, a site visit may be necessary to assess various aspects related to your spa services. These site visits serve multiple purposes, such as taking measurements, evaluating the delivery path, determining whether manual spa movement is feasible, or assessing the need for specialized equipment.

8.2 Scheduling A Site Visit

Site visits will always be conducted remotely first by photo or video communication. If a conclusion can not be reached using the provided photos an in-person visit may be scheduled.

8.3 Site Visit Deposit

A deposit of $89 is required to schedule an in-person site visit to evaluate the feasibility of new installations. The entirety of the deposit will be applied to the balance due if the customer chooses to proceed with the order. If the Customer chooses to cancel the order following a site visit, the site visit deposit will not be refunded. This service includes one representative from the company driving to the site to measure, evaluate, and deliver information back to the corresponding department for approval of services, or recommendations for specialized equipment rentals.

9. Spa Purchases

9.1 Spa Purchase Introduction

This section outlines the terms and conditions that govern the purchase of hot tubs and similar large products that are typically installed by Bullfrog Spas of Northern Utah. These terms and conditions define the rights, responsibilities, and expectations of both the Customer and the Company regarding the purchase and installation of these products.

9.2 Price Agreement

If the Customer does not accept delivery within 5 months of the contract date or the promotion’s closing date, pricing and promotions may be subject to recalculation at the current sale price.  The pricing negotiated on the sales agreement may include special discounts provided by the Company and/or the Manufacturer. Special discounts, special financing, or included items agreed upon in this contract are time-sensitive, requiring execution by the promotion’s closing date to qualify for the negotiated terms.

9.3 Order Deposit

A minimum 10% deposit of the total order, including taxes and fees, is due at signing. If ‘Special Order Items’ are part of the order, the deposit will be 10% + the price of the special order item.  See ‘Special Order Items’. Deposit is mandatory at signing, regardless of payment method. Customers may not finance their deposit.

9.4 Changes To Contract

The Customer can request changes to selections such as colors, JetPak options, spa options, accessories, and other configurable items for 7 days after purchase or until the spa has been released for production, whichever comes first. To request changes, text (801) 737-4515 to check the status of your order and request any changes. The Company will review and approve changes if the production timeline allows, then prepare a new agreement for Customer signature and approval.

9.6 Final Payment

The remaining balance must be paid in full before production begins. This means the spa may not be built until the customer makes the final payment on the entire order. For in-stock orders, final payment is due before the spa can be scheduled for delivery.  Payment can be made with cash, check, or credit card. If financing is chosen, all loan signatories must complete financial documents and be authorized for future delivery. Defaulted accounts will result in applicable collection costs, interest, and fees as specified in our payment terms. See ‘Payments’ in our terms and conditions for complete payment details.

9.7 Preparation Responsibilities

The Company does not offer any electrical or site-preparation services, such as concrete, deck construction, or structural modifications, including breaker installation, wire, or conduit work. The Customer is solely responsible for these items. The Customer must communicate with the Company to understand the technical requirements and prepare for installation. Resources are available at support.bullfrogspasnorth.com.

9.8 Preparing The Spa Pad

The Customer is responsible for preparing a structurally sound and level surface for the spa that is engineered to support the weight of the spa plus its occupants.  Generally it’s recommended to install the spa on a minimum of 4 inches of reinforced concrete above a well-compacted substrate. For deck or platform installations, the structure should exceed the spa’s maximum weight and comply with building codes.  If the customer’s surface is not level the Customer may hire the Company to level the spa. See ‘Leveling Services’.  The Company is not responsible for the structural integrity of the surface the spa is installed on, or for inspecting or declaring the suitability of the installation location or structural environment.

9.9 Preparing The Electrical Supply

The Customer is responsible for installing the required electrical system before delivery. This typically includes a GFCI-protected breaker located at least 6 feet from the spa, along with the necessary wire and conduit for connection inside the spa’s motor compartment. A licensed electrician must complete these tasks before spa delivery. If the electrical system is ready, complies with all local, state, and national electrical building codes, and the property is located within the state of Utah, the Company will connect the spa to the provided supply at the time of installation.

9.10 Pre-Delivery Authorization

The Customer must send multiple photos of the site, spa pad, and electrical supply system before scheduling a delivery. These photos should include the delivery path, potential obstacles, the spa’s location, the supplying breaker, and the GFCI-protected disconnecting breaker. The conduit, wire, end fittings, and any electrical supplies for powered accessories. Send these photos via text to (801) 737-4515.  In some cases, an in-person site inspection may be necessary, which may incur trip costs.  If both site and electrical supply are expected to be completed soon, the Customer can request a delivery date without photos. However, the Company can not guarantee the spa will be successfully installed without a return visit, which may incur additional trip fees.

9.11 Preparing for Delivery Day

For hot tub installations, the customer must provide a clear path to the spa pad that is 40-inches-wide by 9-feet-high. They must also provide a hose connected to a culinary water source, bypassing all water softeners. Any railings or fencing must be removed by the customer prior to the installation date—the company will not remove these items. The Customer must also remove any obstructions such as vehicles, trailers, toys, barbecue grills and other items. Since installation times vary greatly, the Company cannot guarantee an exact arrival time—so it is encouraged that the Customer scheduled an adequate amount of time to meet the installers to provide access, and communicate the location and orientation of the spa. A representative must also be on site during the installation to sign for the acceptance of the products.

9.12 Delivery

If additional travel time, manpower, or specialized equipment is required, additional fees apply. Only one trip is included with purchase. If extra trips are needed due to customer-related circumstances, there will be additional trip fees. If the delivery location is outside our standard service area, a mileage rate will be charged according to the Service Area Policy. When the spa is installed outside our standard service area, the Customer also agrees to our Out Of Area Service Agreement. If the delivery requires additional manpower the Customer will be charged $89/hr per additional person. If Specialized equipment is required to install the spa, the Customer will be charged according to our Equipment Services Policy. On the day of delivery, the Company will transport and install the spa and accessories. The installers will provide basic operating instructions for the spa, but the Customer is strongly encouraged to visit the showroom with a sample of spa water for a digital water test and an in-depth instruction on water care.

9.13 Spa Order Cancellation

Cancellation fees apply. The Customer can request to cancel their order until the moment the  product is unloaded at the installation location. To cancel, text (801) 737-4515 and discuss one of the following options. Fees are calculated using the grand total of the contract including all products, taxes, and fees. with the larger fee applying in the case of overlapping criteria;

1. Future Order Credit: Payments are credited toward a future order according to the following schedule:

100%: Until 3 business days before delivery
80%: 2 – 1 business days before delivery
50%: Same day of delivery

2. Refund: A refund is provided, less the cancellation fee defined in the following schedule:

9.14 Support After Delivery

If the Customer believes there is an issue with any of the products purchased, they should simply text a photo and description of the issue to (801) 737-4515. A representative will evaluate the issue and provide next steps. See the Section 9, “Repair Services” policy for more details. The Company does not manufacture the products sold, and, as such, it does not provide any warranties or guarantees beyond those explicitly provided by the manufacturer of the products. Any warranties or guarantees are the sole responsibility of the manufacturer, however, the Company will advocate for the Customer and provide repairs in accordance with the warranty provided by the manufacturer. Out of warranty repairs are provided by the Company according to our Repair Services Policy.

10. Leveling Services

10.1 Scope

If the Customer’s spa is sitting on an uneven surface, the Customer may hire the Company to level the spa. Leveling services may be provided for spas installed on concrete, pavers, or other compacted substrates. Preparation of the substrate is not included in this service. This service includes a crew of up to three (3) people, the required materials to level up to 2”, removing the electrical connection, moving the spa out of the way, the installation of the leveling materials between the spa and the substrate—typically pea gravel, placing the spa on the leveling material, reinstalling the electrical connection, and installing a retaining cover around the base of the spa. This service does not include any specialized equipment that may be required to move the spa.

10.2 Leveling Service Pricing

Assuming there is enough space for the spa to be rolled next to the existing location, without lifting the spa on end, the pricing is as follows:
$520 for spas less than 115”
$720 for between 116” and 160”
$920 spas greater than 200”

10.3 Acceptable Tolerance

Upon completion of the leveling service, the spa is expected to have less than a ½” slope over an 6’ run. Upon filling the spa, it may settle to have no more than a ¾” slope over a 6’ run.  If the spa settles after the day of service it is determined that the substrate is not adequately supporting the spa and may require additional compaction or geotechnical engineering to prevent further settling or sloping.

10.4 Additional Equipment

If the spa is located in an environment where additional manpower or additional equipment is required, additional fees will apply.

10.5 Warranties

The company provides no warranties or guarantees against the durability of the leveling services. Site conditions including the condition of the substrate may impact the performance and durability of the leveling material. For example, if leveling service is required because the ground beneath the existing concrete has settled—it is likely that it will continue to settle.

11. Repair Services

11.1 General Terms

The Company is proud to offer diagnostic services and repair services on most brands of portable spas. The Company will always prioritize service appointments for products sold by The Company before scheduling appointments for other brands. During the busy season this means the Company may not have the capacity to service other brands of spas. The Company does not offer any services for jetted tubs, swimming pools, or built-in spas. By scheduling or requesting any services from the Company, the Customer agrees to pay for all associated fees and charges and agrees to all terms and conditions.

11.2 How To Request Service

The Customer should  initiate a service request by texting (801) 737-4515 with a description of the issue and relevant photos of the products or components in need of repair. The service department operates from Monday to Friday, 9:00 AM to 4:00 PM and will respond within 2 business days. Initially, the Company will attempt remote diagnosis or resolution. If an in-person diagnosis or repair is necessary, an appointment can be scheduled on weekdays between the hours of  8:30 AM to 4:00 PM. Please note that appointments are not available on Saturdays or US bank holidays, and specific time slots cannot be guaranteed due to the unpredictable nature of service, as arrival times depend on the completion of previous appointments.

11.3 Valid Card Requirement

For all service appointments, a valid payment card must be on file to schedule service. If service is deemed non-warrantable, the provided card will be charged for the initial trip, diagnosis fee, and any incurred parts or labor charges. If the product was purchased from the Company within the last six (6) months, and there is reasonable cause to believe the repair will be covered under warranty, the Customer may decline to provide a payment card in anticipation of warranty coverage. However, if the service is deemed non-warrantable, all associated fees will still become due. See ‘Warranty Exclusions’ for more information.

11.5 Hourly Rate

In-field repair services are charged at $89 per technician per hour, with a minimum 1-hour charge beginning after the diagnosis is completed. Additional time is billed in 30-minute increments. Parts are charged separately from the hourly rate. On return visits, the hourly rate begins upon the technician’s arrival. If the technician must wait for customer access or to receive a key for spa or power disconnect, the hourly rate begins upon their arrival.

11.6 Rush Service Appointments

Scheduled at the discretion of the technician for a fee of $50, a Rush Appointment is when an appointment is scheduled as an extra appointment on a fully booked day, weekend, holiday, or any other instance that requires the technician to work overtime or beyond their regularly scheduled workload. The fee is charged in addition to the normal diagnostic fee, applicable mileage fee, and any incurred parts or labor charges. This fee will be collected by the company and paid to the technician for their inconvenience. If a Customer requests a rush appointment, the dispatcher will offer the job to all available technicians, if a technician accepts the additional workload then the appointment will be created and executed like a regular appointment, according to the terms and conditions contained in this document.

11.7 Preparedness

The Customer must ensure the spa is ready for service by making all four sides of the spa cabinet fully accessible from top to bottom, filling the spa with water, and ensuring the spa is connected to an active power supply. Sending photos of the spa and site beforehand is encouraged to identify access issues. The customer agrees to restrain or remove animals from the property before service. If the Customer hasn’t prepared adequately, and the technician has to complete any preparation tasks such as filling the spa with water, the Customer will be charged at the hourly rate to complete those tasks. If the technician arrives at the site and can’t provide service due to lack of Customer preparation, the Customer will still be charged for the ‘Diagnosis Service Fee’ and applicable ‘Mileage fees.’

11.8 Return Trip

The return trip fee is $149 and applies exclusively when a technician returns to complete repairs on a previously diagnosed issue. This fee does not extend to new issues arising after recent repairs. Bullfrog products under 10 years old are exempt from the return trip fee for previously diagnosed issues. For return trips, the hourly in-field rate begins upon the technician’s arrival, and mileage fees remain applicable.

11.9 Undiagnosable Issues

If a technician arrives and can’t reproduce the described issue within the first 45 minutes, it will be declared undiagnosable. If the issue is deemed undiagnosable, the Customer has two options:

1.) End the service call and pay only the diagnostic service and applicable mileage fees, covering the trip and technician’s time.

2.) If the technician’s schedule allows, the Customer may pay the hourly rate for the technician to wait for the issue to reproduce.

For 30 days after an undiagnosable visit, if the issue replicates, a technician may be called out at no charge if they can replicate the issue within the first 45 minutes. Mileage fees still apply. If they can’t replicate the issue during the return visit’s first 45 minutes, and the spa is found in good working order, the Customer incurs an additional diagnostic service and applicable mileage fees.

11.10 Cancellations

Cancellations less than one business day before the appointment will result in an $89 cancellation fee. Notice of cancellation must be sent via text to (801) 737-4515. If the Customer doesn’t provide access to the property or power supply, or doesn’t cancel in advance but refuses on-site service on the scheduled appointment day, the diagnosis fee and applicable mileage fees will still be charged.

11.11 Manufacturer Repair Services

Sometimes, the manufacturer of the product may request to conduct repairs at their own facility rather than in the field. The manufacturer may also elect to replace an installed product rather than repairing it. These decisions are made at the discretion of the manufacturer according to their warranty terms. During manufacturer repairs or exchanges the Customer may incur charges for transportation, removal, and installation. These charges are based on the standard spa move rate, as detailed in our ‘Spa Move Policy.’ The Company will assist in facilitating these repairs, but the timeline is beyond our control. Repairs conducted at the manufacturer’s facility typically take a minimum of four weeks to complete, plus transportation time. It’s important to note that the Company assumes no liability or responsibility for repairs completed at the manufacturer’s facility, and no additional warranty is provided for these repairs. If a spa needs to be removed from the Customer’s property, accessories like cover lifters, stairs, handrails and other items may be removed from the spa and stored at the Customer’s property while the spa is at the Manufacturer’s repair facility.

11.12 Crack Repair Service

The Company may provide crack repair services for acrylic shelled spas when the air temperature is above 72°F. These repairs aim for functionality but may leave visible blemishes due to color or texture matching challenges. The Company offers no guarantees or warranties for crack repairs, as subsurface conditions, spa age or material, outdoor temperature, and other external factors can cause the cracks to reappear over time.

11.13 Special Order Parts

The Company can special order components for most portable spas. Special orders must be paid in full before the order can be placed. Special order parts can not be returned or refunded.  If the Company orders a special order part without providing a diagnosis, the Company can not guarantee the part is correct or compatible. Lead times are beyond the Company’s control, but a return trip for installation may be reserved once shipping/tracking information is available.

11.14 Scope Of Warranty

The Company, a reseller of finished goods, does not provide any warranties beyond those offered by the original manufacturers. No other warranties, whether express or implied, are made by the Company or its agents. Manufacturer’s warranties are non-transferable and applicable only to the original owner. All warranty claims are subject to Company review and manufacturer approval.

11.16 60-Day Limited Warranty

Products repaired by the Company outside the Manufacturer’s warranty period come with a 60-day warranty. This warranty covers only the parts and labor directly related to the components installed or repaired during that service appointment, not the entire spa. If a separate issue arises after a repair, such as a separate component, or a new leak in a different location or fitting, it is considered a new problem and is not covered under the 60-day warranty. For example, if we replace a pump, and shortly after, the heater fails—the heater is not covered under the 60-day warranty related to the pump. If a component we installed fails within the 60-day period, it will be replaced at no cost for parts and labor. However, if the same replaced component fails a second time within 60 days, we reserve the right to declare that an external factor is causing the failure, and regular billing will resume, including parts, labor, and travel fees. The 60-day warranty excludes user error, improper care, external factors, and travel fees outside our normal service area.

11.17 Authorized Brands Warranty

Authorized Brands Warranty: Authorized brands are products originally purchased from the Company, such as Bullfrog Spas, Cal Swim Spas, Smart Top, and Covanas. Repairs on authorized brand products are checked for qualifying warranty claims. If a qualifying claim is found within the Manufacturer’s warranty period, the Company will complete the repair and submit all necessary information for the warranty claim. Using the card on file, the Customer will then be billed and charged for any parts or labor charges not covered by the manufacturer’s warranty, if any.

11.18 Off-Brand Warranty

Off-brand products, those not originally purchased from the Company, are excluded from our warranty claim service. This includes, but is not limited to, spas bought from other brands or dealerships, private sellers, or retailers like Costco or Wayfair. The Company does not process warranty claims for off-brand products. If a Customer believes their off-brand product is under manufacturer warranty and hires the Company for repairs, they will be charged for parts and labor.  It is the Customer’s responsibility to submit the warranty claim to seek reimbursement from the off-brand manufacturer.

11.19 Service Outside of our Regular Service Area

Refer to Section 10,  ‘Repairs Outside The Service Area.’

11.20 Mileage Rate

Refer to Section 5, ‘Service Area.’

12. In-House Repair Services

12.1 Initial Repair Service

The in-house repair service starts at $400. The initial repair service Includes up to four hours of labor to install the spa in an elevated test bay, fill the spa with water, provide an in-depth diagnosis, and make repairs. Additional charges apply for supplies, parts, additional hours, and to move the spa from the Customer’s house to the facility, and to return the spa after completing repairs. See ‘Spa Moves’ for more details.

12.2 Minimum Charges

The minimum charge will be billed and charged on the day the spa is picked up from the customer’s house, or on the day the customer delivers the spa to the Company. The minimum charge consists of the $400 cost of the initial repair service, and where applicable, the cost to move the spa from the Customer’s house to the Company’s repair facility and the cost to return the spa to the Customer.

12.3 Authorized Labor Limit

If the spa can not be repaired within the initial four hours, the Company will provide a written estimate of the parts and labor it anticipates are required to complete the repairs. It is not guaranteed that the entire scope of repairs will be included on this estimate—often additional issues may arise after the initial repairs have been made. Before repairs can continue, the Customer must respond within 1 business day specifying their intent to continue repairs, along with their authorized labor limit—the maximum amount of hours they wish to invest into repairs. If the repairs can not be completed within the authorized labor limit, the Company will provide an updated estimate. The Customer will have 1 business day to either suspend service or provide an updated authorized labor limit.

12.4 Failure To Respond

If the Customer does not respond within 1 business day, an $89 rotation fee may be charged to drain the spa and relocate it while the customer evaluates. This fee includes the cost to later re-install the spa in the test bay and fill it with water again. The spa will be put at the back of the repair queue until the customer responds. After responding, the spa will be rescheduled for repairs and is subject to current wait time.

12.5 Hourly Repairs

The hourly rate is $89 and may be billed in 30 minute increments. After the initial four hours have been exhausted, and the Customer has given authorization to continue repairs, service will resume at the hourly rate until all repairs have been completed, or the repairs reach the Customer’s authorized labor limit. At which point the accrued balance will be charged to the card on file.

12.6 Suspending Repairs

If the Customer wishes to suspend repairs, they must text (801) 737-4515. Customers must pay for accrued costs up to that point. The spa may then be redelivered for the spa move fee or disposed of at the Company’s discretion. If no arrangements are made to re-deliver the spa within 7 days, storage fees apply. See ‘Storage Policy’ for more details.

13. Repairs Outside The Service Area

13.1 Remote Diagnosis

If a Customer located outside our normal service area needs assistance the following terms and processes apply. Before any service, whether warranty-covered or not, the Customer must first undergo a remote diagnosis. This process involves communication with a Company representative through methods like text, phone calls, or video calls. During the diagnosis, the Customer agrees to provide essential information about the spa’s status and may need to remove equipment panels for a complete evaluation. Failing to provide a remote diagnosis or choosing not to do so may result in delayed service or multiple trips, potentially incurring additional fees. At the end of the remote diagnosis, the Company reserves the right to determine if the repair should be conducted by the Company, a third party, or the Customer.

13.2 Preventative Measures

Service outside the normal area often can be significantly delayed due to logistical constraints. While awaiting service, the Customer may be asked to take preventive measures while awaiting repair. This could involve actions like removing cabinet panels, placing a space heater inside the spa’s cabinet, reprogramming filter cycles, cycling the power breaker, and other items.

13.3 Repairs Completed by the Company

If the Company deems the repair must be completed by a certified technician, the Customer is subject to current wait times for a repair appointment. Because out of area repairs require additional time for travel, the buyer acknowledges they may have to wait longer than usual for an available appointment slot to accommodate for both the repair and the travel time.  If the travel time is significant enough that the technician is required to spend the night, the buyer may also be required to pay for accommodations for the technician.  If a repair is unable to be completed during the first visit, any return trips may incur additional trip fees.

13.4 Repairs Completed By a Third Party

If the Company is unable to schedule an appointment within a reasonable time, or at a reasonable price to the Customer,  the Company reserves the right to contract the repair through a third party provider. A third party provider will only be recommended if the Company concludes it will result in a more timely repair, or that it will be a more cost effective solution for the Customer. Third party providers are not affiliated with or representative of the Company.  In the event of a third party repair, the Company may ship replacement parts to the Customer’s property.  If warranty repairs are made by a third party, the Customer agrees to return used components to the Company as requested or required by the warranty. The Customer may be responsible for the shipping costs associated with the repair or warranty fulfillment.  If the Company is unable to contract with a third party who specializes in hot tub repairs, it may contract with an adjacent trade and provide the third party with support remotely. This may include appliance repairmen, electricians, handyman services, HVAC technicians etc.  Repairs provided by a third party will not affect the performance of applicable warranties only if the third party is specifically contracted by the Company, and repairs are directed by the Company.

13.5 Repairs Completed by the Buyer

If the Company deems that the repair can be completed by the Customer, the Customer may choose to either complete the repair themselves or hire the Company. If the Buyer chooses to complete the repair themselves they may either pick up the required components from the closest retail location, or have the Company ship the components to the Customer.  If the repairs are covered under warranty, the Customer agrees to return failed components to the Company as requested. Customers may be responsible for the shipping costs of replacement components. Repairs provided by the Customer will not affect the performance of applicable warranties only if the Customer is specifically directed to complete the repairs by the Company. The Customer or the third party hired to complete the repairs will be reimbursed for labor at the manufacturer’s warranty rate.

13.6 In-House Repair

To avoid the fees associated with out of area service, the Customer may choose that the repairs are completed at the Company’s facility. The Buyer may deliver the spa to the Company’s facility in North Ogden for repair. The Buy may hire the Company to retrieve the spa for repair. The retrieval, and re-delivery is a service provided by the Company and is subject to current terms, pricing, and availability according to the ‘Spa Move’ policy.

13.7 Right to Transfer Service

The Company reserves the right to transfer the Customers service inquiry to a different authorized dealer of the product even if the Buyer initially purchased the product from the Company.

14. Spa Moves

14.1 This Is An Estimate

The initial price provided upon scheduling is an estimate and is not binding. The final cost may vary based on the actual work required during the service. While we aim for accuracy, unforeseen factors or inaccurate information may lead to cost adjustments. The Company retains the right to deem a spa move unqualified at any point. Clear and comprehensive descriptions of the move details along with multiple photos are encouraged to ensure accurate pricing and a seamless and secure spa move.

14.2 Scheduling

Spa moves are typically scheduled at least 14 days in advance. To initiate the process, customers must complete the Spa Move request form to receive a cost estimate. The Company agrees to review and respond to inquiries within two (2) business days. Upon receiving and reviewing the estimate, customers must confirm their reservation, agree to these terms of service, and provide a valid credit card to be held for future payment. Additional site photos may be requested before confirming the appointment.

14.3 Rush Appointments

In the event of expedited appointments, scheduled within less than 14 days notice, a $120 rush fee may apply.

14.4 Hourly Rate

All moving services include up to three (3) hours of work. After the included hours, an hourly rate of $89 per crew member is billed in 30-minute increments. The hourly rate starts when the crew arrives at the pickup location and ends when they depart from the drop-off location. Wait times, such as waiting for the Customer to provide access to the site or for cranes and other equipment to arrive and set up its rigging, are included in the hourly calculation. Services outside our regular service area will be  billed according to the mileage rate.

14.5 Spa Move Base Rate

The starting price for a spa move is $750. This includes three (3) crew members, one (1) truck, one (1) standard trailer, standard spa moving equipment and up to three (3) working hours. This service is typically all that is required for spas that are 85” or smaller with delivery paths that are generally flat without obstacles or obstructions.  For all other instances, additional hours, additional movers, specialized equipment, and other items may incur additional costs.

14.6 Fourth Crew Member

Adding a fourth crew member costs $267. Four crew members are needed for spas between 86” and 115”, heavy spas, or challenging delivery paths with stairs or obstacles.

14.7 Secondary Crew

A secondary crew is $750. A moving crew is limited to a maximum of four people. Therefore, if a job requires more than four movers, an entire additional crew must be reserved to complete the job. This is necessary for spas larger than 115″, extremely heavy spas, and those with challenging site conditions.

14.8 Hydraulic Trailer Moves

The cost of upgrading to a Hydraulic Tilting Trailer is $300. This upgrade includes the use of a hydraulic tilting trailer, which becomes necessary when moving a spa larger than 115″ without a crane or telehandler.

14.9 Track Moving Service

The track moving service is priced at $300. This is required when a spa larger than 115” cannot be moved with a crane, or the hydraulic trailer can not back up against the spa pad. This service includes a fourth crew member and the required supplies to manually push the spa across flat sections of grass, dirt, gravel, or similar surfaces. Only available if a flat path that is at least 9’ wide is available.

14.10 Vault Moving Services

It costs $300 for vault moving services. This service includes a fourth crew member and specialized equipment for placing or removing a spa from a recessed vault or deck. A minimum of 36” of clear space on two opposite sides of the spa is required for the lifting equipment. Only available for spas less than 116”.

14.11 Special Equipment Rentals

For spa moves requiring specialized equipment like a crane or telehandler, the Customer is responsible for all equipment rental costs. Please see the ‘Equipment Services’ policy for details.

14.12 Electrical Connection Service

Electrical connection services are an additional $100 and are only available on Bullfrog branded hot tubs. This service includes disconnection from the old supply line, removal of the old supply line (whip). The Company will leave the whip in the Customer’s possession. Connection services do not include the installation of any electrical materials, wire, conduit, breakers, or breaker boxes. It may include the reconnection of the spa to the new supply line (whip) at the destination if the appropriate disconnect box, breaker, wire, and conduit, was installed prior to delivery. Bullfrog cannot guarantee spa functionality before or after the move, and electrical services do not affect this guarantee.

14.13 Obstacles

Obstacles are defined as anything that would prevent or make the removal or delivery of Customer’s spa difficult. The Company reserves the right to declare when more manpower is required to safely complete a move. The following is a non-comprehensive list of examples of obstacles;  The spa is located on a platform or deck, steep hills or declines exceeding a 30% grade, off-camber or bumpy moving paths. Protruding tree branches, lights, bushes, awnings etc. More than three consecutive stairs, in-ground placement of a spa, rock walls and other items.

14.14 Mileage Rate

Refer to Section 5, ‘Service area.’

14.15 Preparedness

It is the client’s responsibility to prepare the spa and yard for the move. The spa must be completely drained, the electrical must be disconnected and removed, and the path must be cleared of all obstructions. Vehicles, trailers, toys, furniture, trees, lights, snow, or anything that obstructs the path should be removed before the crew arrives.   Obstructing railings, fences, gazebos or other structures should be removed before the crew arrives — the company will not deconstruct or move such items. The entire delivery path must be measured to ensure that it is at least 42” wide and 102” tall, or the size of the spa plus 6”, whichever is greater. Extra charges/time may apply if the client has not adequately prepared for the move.

14.16 Cancellations

Cancellations less than one full business day prior to the day of the appointment will result in a $189 cancellation fee. Notice of cancellation must be given via text to (801) 737-4515 by 10am the day before the appointment. If the Customer fails to provide access to the property and the move must be rescheduled the cancellation fee will be charged. It is the responsibility of the Customer to notify the Company that rain or snow has created an impassable ground covering. Failure to notify may result in the cancellation fee.

14.17 Unqualified Moves

The Company reserves the right to declare a spa move unqualified at any time based on the feasibility or safety of the move. Examples of scenarios in which a spa move may be declared unqualified: the Customer failed to disclose the spa was on a second level deck and a crane is required, the Customer is not available to unlock a gate, the Customer did not measure the path and the spa will not fit, the spa is inside a room or gazebo that it cannot be removed from without demolition, rain or snow has created an impassable ground covering that the safety of the crew is in question based on the structural integrity of the spa or the delivery path, the list above is not comprehensive. A delivery may be declared unqualified for many reasons at the discretion of the Company. If a move is declared unqualified, the Customer may be liable for the cancellation fee.

14.18 Exclusions of Coverage

Moving a spa introduces significant risk of damaging the cosmetics or functionality of the spa, especially when moving older spas, or spas with wood components. The Customer acknowledges this risk, and understands the Company is not responsible for any damages. The Company will provide its best efforts to ensure Customer’s spa is moved safely, but despite best efforts, rotted wood and old plumbing connections may not endure the move. The Company assumes no liability for the operation or structural integrity of the Customer’s spa. The Company in no way guarantees that the spa was in working condition before moving the spa, or that the spa will be in working condition after moving it.  Often the moving process involves lifting, pushing, and a bumpy ride on a trailer that could potentially damage electrical connections and/or plumbing fittings—the Company is not liable for malfunctioning or leaking spas after a move.  Moving the spa may result in scratches and scuffs in the cabinet or acrylic. This is considered to be part of the risk of moving a hot tub and Customer releases the Company of liability for imperfections that may result during a spa move.  Older spas often have rotted wood that after being lifted or moved may crumble or fall apart—the Company in no way guarantees the structural integrity of the spa before a move and is not liable if a spa falls apart during a move.  If at any point during the move, the Customer chooses they no longer want the spa and would like the Company to dispose of the spa rather than completing the move, the cost of the move will be recalculated to deliver the spa to the Company’s location where it will be disposed of at the Company’s discretion.

15. Equipment Services

15.1 Scope

Equipment services, including professional trade services and equipment operators, may be utilized to perform installations, spa moves, service calls, and other tasks for the Company. Examples of these services include but are not limited to: professional trade services, cranes, boom trucks, forklifts, telehandlers, equipment operators, flaggers, engineers, electricians, and other items not specifically owned, employed, operated, or provided by the Company. This policy outlines the terms and conditions governing the use of services provided by separate entities (“Contractors”) working alongside the company.

15.2 Summary Of Process

1. Qualification: The Company assesses the need for specialized equipment for a job or service.
2. Coordination: The Company arranges and manages all aspects of the service with the contractor on the Customer’s behalf.
3. Payment: The Customer is provided with a copy of the contractor’s estimate and a payment link. Once payment is received, the service is scheduled.
4. Scheduling: Upon full payment, the Company reserves the necessary specialized equipment and schedules the service.
5. Service: On the scheduled date, a Company representative meets the Contractor on-site to complete the reserved services.
6. Final Billing: If the actual service costs differ significantly from the estimate, the Company will either refund or collect the difference.

15.3 Qualifying The Need For Service

The Company has the right to determine the necessity and suitability of specialized equipment for a job. A site visit may be conducted, either remotely through photos or videos, or in-person, at the Company’s discretion, to assess the equipment requirements. In-person site visits, if necessary, may incur a visit fee according to our ‘Site Visit’ policy, plus applicable travel fees based on our ‘Service Area’ policy.

15.4 Authorization To Reserve Services

The Customer authorizes the Company to contact, schedule, and reserve the necessary equipment or services on their behalf for the execution of any relevant agreements on the Customer’s property. This authorization remains in effect during the fulfillment of this and future related agreements between the Company and the Customer.

15.5 Right To An Estimate

Customers have the right to review an estimate from the Contractor prior to the reservation of the services. Estimates may be delivered either by email or SMS to the Customer.

15.6 Payment For Services

Before reserving and scheduling the services, the Customer must pay the Company directly for the services based on the amount listed in the Contractor’s estimate. Payment for Equipment services must be processed as a separate transaction from the related agreement. Company financing programs cannot be used for Equipment services payments. If the Customer cancels the related agreement before the hired services are completed, they will be refunded the paid amount, minus a 5% administrative fee, in accordance with our payment policy. After the service is completed, the Company will pay the Contractor for the actual service costs. While Contractor estimates are usually close to the actual costs, the final balance may change at the Contractor’s discretion, depending on site conditions, time, and resources. If the actual service costs exceed the estimate by $100 or more, the Company may request an additional payment from the Customer for the amount over $100. Additional payments are typically requested within 30 days of service but may be subject to the Contractor’s invoicing timeline. If the actual costs are more than $100 less than the original estimate, the Company may refund the overpaid amount exceeding $100. Refunds will be evaluated and, if applicable, issued to the Customer’s original payment method within 30 days of the service date.

15.7 Payment For Incomplete Services During Extenuating Circumstances

The Customer is responsible for the entirety of fees incurred even if the contractor or equipment arrives on site and is unable to complete the task they were hired to complete due to circumstances beyond their control, such as weather or site conditions. The contractor may still bill for their time and resources used or for extended time frames resulting from extenuating circumstances. These fees will be paid using the initial deposit collected from the customer. If the initial payment is exhausted during the first attempt, an additional payment must be collected from the customer using the same estimate before an additional attempt is scheduled. Examples of this circumstance include a crane arriving to lift a spa into place, but being unable to to perform the service because of high winds. In this scenario it is likely that the Crane company will still bill for their time spent dispatching to the location and testing the winds. Another example is if a crane arrives to lift a spa into place, but a neighbor disputes their consent for the crane to perform the service near their property.  Another example is if a telehandler is reserved to lift a spa into place and upon the delivery of the telehandler snow or mud has created an impassable ground covering for three days. The extended rental fee will become due in addition to the initial estimate.

15.8 Neighborhood Due Diligence

If the Contractor’s equipment or vehicles are expected to block the street or interfere with traffic flow, it is the Customer’s responsibility to proactively notify their neighbors and work with the Contractor to coordinate any necessary road closures, detours, or traffic management. This will help ensure that the services proceed efficiently without inconveniencing others. If the execution of the service can not be completed due to circumstances related to the neighborhood—dispatch and other incurred fees from the equipment provider will still become due and paid for using the payment collected at the reservation of the service. If these fees are less than the amount collected, any excess will be refunded to the customer.

15.9 Customer Accepts Liability For Services

The Customer accepts the responsibility of having a representative present on site to authorize services and sign all acceptance, liabilities, and terms and conditions as required by Contractors before the services are carried out on their property. The Company strongly advises the Customer to request and thoroughly review the terms and conditions provided by the Contractors before granting authorization for work on their property. The Company will not sign for the acceptance, liabilities, terms, or conditions on behalf of the Customer.

15.10 Liability Limitation

Contractors are entirely separate entities from the Company and should not be considered part of the Company in any legal capacity. The Company disclaims any responsibility or liability for any damages to the Customer’s property, including the merchandise that is being moved or serviced by the Contractor’s equipment, employees, or operators. The Company does not recommend the use of heavy equipment on the Customer’s property and will not be held liable for property and landscape damage if the Customer grants authorization for the Contractor to park, drive, rig, or operate heavy equipment on their property. Customers are solely responsible for addressing and resolving any disputes or issues that may arise from the services provided by Contractors, including but not limited to property damage, landscape damage, contract performance disputes, or financial disputes.

15.11 Equipment Services Are Independent From The Purchase Agreement

Contracts with equipment service providers are entirely separate agreements from the related agreement with the Company. Under no circumstances shall the related agreement with the Company be deemed invalid if the equipment provider fails to meet expectations, execute their work, or if a dispute arises between the Customer and the equipment provider. Payment for the related agreement between the Company and the Customer must be made as per the terms outlined in the related agreement, even if the equipment provider fails to fulfill their work or if a dispute occurs between the Customer and the equipment provider. Payment for the Equipment Services should be fulfilled regardless of the performance of the related agreement between the Customer and the Company.