TERMS AND CONDITIONS OF PURCHASE

Confidentiality

Generation Spas is committed to providing a website that respects the privacy of visitors. This section summarizes Generation Spas' practices regarding the protection of personal information on its website. The Generation Spas website does not automatically capture any specific personal information about you such as your name, phone number or email address. We will only have access to this type of information if you provide it to us as part of an order you place or when you provide it to us when registering for a promotion.

All personal information created, maintained or captured by Generation Spas is protected under the Government of Canada's Privacy Act.

Information relating to each visitor is used by Generation Spas staff who need it to respond to your requests or to ensure the security of the system. This information is not disclosed to anyone outside of Generation Spas.

If you have any questions or comments about this policy or how Generation Spas applies it, please do not hesitate to contact us at customer service at (450) 430-7494 or by email at info @ generationspas .com.

Client Account Privacy Statement

The information requested for the delivery of the products is necessary for the establishment of a secure and personalized user account with Generation Spas. Your personal information, when collected, will be stored under the authority of the Privacy Act. The Privacy Act requires that we protect your personal information and provide you with access to it for review and correction.

TERMS AND CONDITIONS

Generation Spas Inc. operates the website: www.generationspas.com.

Use of the Site is governed by the terms and conditions appearing below, as well as by general policies.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

By using Generation Spas, you acknowledge having read and understood these conditions. If you do not want to be bound by these terms and conditions, you cannot use generationspas.com and order products through generationspas.com.

Restrictions on use of the site

Unless otherwise specified in any section of Generation Spas, it is prohibited to copy, reproduce, distribute, publish, translate, download, display or transmit in any way, any material for commercial reasons. without the prior written permission of Generation Spas. It is allowed to view or download the elements of Generation Spas, but on condition that it is for non-commercial purposes and that these elements are not modified.

Site of operation

Generation Spas is operated from its offices located in Quebec, Canada. Those who choose to use Generation Spas do so on their own initiative and it is their responsibility to comply with all applicable local laws. Use of the Site is governed by the laws applicable in the territory of the province of Quebec. Generation Spas makes no representation to the effect that elements of the Site may be used in places other than Canada and it is prohibited to access the Site from territories where the legislation prescribes that the content or use of the Site is illegal. Those who choose to use the Site do so on their own initiative and it is their responsibility to comply with all applicable local laws. Any complaint relating to the Site and the elements it contains, or arising from the use of the Site, is governed by the laws applicable in the territory of the province of Quebec.

Trademarks - The trademarks and logos used or displayed on the Site are trademarks registered or not by Generation Spas or third parties. Nothing on the Site may be interpreted in such a way as to allow, directly or indirectly, the use of a trademark reproduced on the Site without the prior written permission of the owner of such trademark.

TERM OF USE

Limitation of Liability

Limitation of Liability - The Site and the elements it contains are provided as is, without any warranty, implicit or explicit. Subject to any public order legislation to the contrary, Generation Spas disclaims all liability and gives no warranty, in particular warranties of merchantability or fitness for a particular use. In addition, Generation Spas makes no representation relating to the use, validity, accuracy or reliability of the elements reproduced on the Site or with regard to

Purchase CONDITIONS for a spa

NEW / Demonstrator / Refurbished

Clauses of the agreement

1. Payment

1.1. Payment terms

A maximum of $ 1,000.00 is accepted on credit card, including deposit. The balance must be paid at least one week before the actual delivery date. Payment methods without amount limit are cash; debit card; Interac e-transfer; bank draft or wire transfer.

2. Deposits

All deposits are non-refundable and non-transferable.

3. Final sale

All sales are final. This contract does not allow the BUYER to have any return, reimbursement, cancellation, modification, or exchange on sold goods.

4. Ownership reserves

All sold goods remain the property of the SELLER until full payment. However, if the goods have already been delivered in accordance with a different agreement, the BUYER must assume the risks during the time that he will be in possession of the goods.

5. BUYER’s obligations

5.1. Taking delivery

The BUYER has the obligation to pay the balance and to schedule, with the SELLER, an actual delivery date for the spa, which must be before or at the indicated maximum delivery date.

5.2. Standard delivery

The BUYER has the obligation to give reasonable clearance to carry out the delivery of the spa over the entire trajectory from the delivery vehicle to the designated location. The trajectory must be direct, without any obstacles, stairs or drop and the land must be firm enough to be travelled on with a cart on inflated wheels. The cart at its widest, is 42" or 107 cm.

5.3. Unable to deliver

If the delivery is impossible to complete because it is not standard delivery as per the conditions set forth in paragraph 5.2, or for any other reason the BUYER is accountable for, he will be responsible for all subsequent fees for delivery.

5.4. Conformity

The BUYER has the obligation to inspect the goods delivered by the SELLER and to note on the delivery form any defects or nonconformity affecting the goods. The unreserved signing of the delivery form constitutes the BUYER's acceptance and acknowledgment that the goods comply with the contract. Subsequently, no claim in this respect will be considered by the SELLER.

5.5. Installation

The BUYER has the obligation to prepare a base capable of receiving the weight of the spa full of water with occupants, supporting it over its entire floor area. He also has the obligation to have the spa connected in accordance with the standards and directives required by the manufacturer and in compliance with applicable laws. Only copper wire can be used for connection.

6. Storage fees

When the BUYER is unavailable, storage fees apply for any goods that can not be delivered, before or on the delivery deadline. The fees are $100.00+tx per week of storage after the delivery deadline. Storage fees are deducted from the BUYER's deposit and must be paid before the actual delivery date.

7. Default

7.1. Opening

The BUYER will be in default if: i) he fails to pay, in due time, any amount due to the SELLER. ii) he fails to pay any supplement attributable to him, iii) he fails to comply with any obligation for which he is responsible whether or not it is described in this document, iv) he is unavailable and the goods have been in storage for a period of three (3) weeks following the delivery deadline v) where otherwise provided by this contract or the law.

7.2 Actions

When the BUYER is in default, the SELLER will have the discretion to demand the execution of the contract as well as the immediate payment of any receivable amount or to cancel the sale without reimbursement. If the sale is canceled the goods will be put back for sale.

7.3 Service and Warranty

The SELLER reserves the right to not execute the warranty as long as the BUYER has not remedied his default. Any damage to the goods resulting from the negligence of the BUYER to remedy his defect will not be covered by the warranty.

Warranty applicable to spas

The SELLER offers a limited warranty against manufacturing defects on the goods sold.

Terms and conditions applicable to the warranties

Application

• None of the warranties offered by the SELLER can be transferred.
• The limited warranty covers parts and labor, with some exceptions and exclusions.
• The exact duration of the warranty is noted on the front of this contract and begins at the actual delivery date, with some exceptions and exclusions.
• The BUYER who wants the application of the warranty must make the request to the SELLER and describe the problem he noticed.
• The choice of means to apply the warranty is up to the SELLER. He has the obligation to repair or replace the defective goods if it is covered by the warranty.
• Unless an exception is authorized by the SELLER, repairs must be made by a representative of the SELLER for the warranty to apply.
• When a service call is asked by the BUYER for a repair, he must provide reasonable access to the spa, regardless of the season.

Fees

• The BUYER must pay the applicable service call fees (mentioned on the front of this contract) no later than the day before the service call will take place to reserve its spot on the schedule.
• There are extra-kilometer fees when the spa is at an address that is more than 50km by road from the SELLER's address. These costs are $ 3.00+tx per additional km. However, extra-kilometer charges are at least $ 20.00+tx. When the address is on the south shore of Montreal or on the south shore of Oka, a fee of $ 50.00+tx applies in addition.
• If the spa is inaccessible at the time of the service call or if there is no applicable warranty, out-of-warranty service call fees will apply. These fees are $ 200.00+tx or $ 300.00+tx from December 1st to April 1st.
• If the spa must be transported to the factory or otherwise, the BUYER must pay the fees. These fees vary depending on the address and are a minimum of $ 600.00+tx.

Commercial use

• Notwithstanding any other provision, except for a clear handwritten note from SELLER on this contract, any good purchased for commercial use, whether or not this information is disclosed at the time of purchase, will have a limited warranty that does not exceed one (1) year.

Outside of service area

• When the spa is outside of the service area, the warranty covers parts only. Any defective part must be returned to the SELLER for verification. If the warranty is applicable, the SELLER will carry out the repairs or replace the part. If the BUYER prefers payment, the SELLER will make a payment equivalent to the lesser of the two following amounts: his cost of the part or his cost of repairs to the part.

Exceptions and exclusions

• All accessories and parts subject to wear (spa cover, knobs, pillows, jets, etc.) have a 1-year warranty.
• No warranty is applicable for a damage that is attributable to misuse, improper maintenance, improperly balanced water or the negligence of the BUYER.
• No warranty applies to a damage caused by freezing, as it is the BUYER’s responsibility to ensure that the spa is operating normally.

Damages

• If it is necessary to drain the water to make repairs under warranty, the SELLER is not responsible for the costs of filling the spa as well as the addition of chemicals.

Warranty features for new spas

Warranty offered by the manufacturer may be different from what is specified in this contract, so please refer to the owner's manual provided by the manufacturer. However, this warranty does not bind the SELLER. The BUYER must deal with the manufacturer concerning this warranty.

All components of the audio system and the light system only have a one (1) year warranty.

Warranty features for refurbished spas

The spa's acrylic shell is not covered by any warranty from the SELLER against manufacturing defects. However, the SELLER guarantees that the acrylic shell is in good condition upon delivery, except for defects already existing at the date of sale. Any damage to the acrylic shell must be noted on the delivery form in accordance with paragraph 5.4.

The plumbing is guaranteed against water leaks at the glue joints only.

The equipment included in the following list is not covered by any warranty, except of good working order and good condition at delivery in cases where they are sold as functional:

• Original sanitation system installed by the manufacturer.
• Complete audio system (including transformers if applicable).
• Light system.

Warranty extension

• When an extended warranty is provided for in the contract, it applies in the same manner as the limited warranty except that it applies only to the items listed.
• When the extended warranty is applicable to "all spa", this does not have the effect of canceling the exceptions and exclusions to the warranty mentioned above or those noted in a handwritten way or those concerning the labor.