MY WEE HOT TUB LTD
Company No. SC667030
CARE PLAN TERMS & CONDITIONS (ROBUST VERSION)
IMPORTANT: BY ENTERING INTO A CARE PLAN AGREEMENT YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
1. DEFINITIONS
1.1 “Company” means My Wee Hot Tub Ltd (Company No. SC667030).
1.2 “Customer” means the individual or entity subscribing to a Care Plan.
1.3 “Agreement” means the legally binding contract formed upon acceptance and first payment.
2. MINIMUM TERM
2.1 All Care Plans are subject to a strict minimum term of twelve (12) months.
2.2 No claims for repair call-outs, labour, or included benefits may be made within the first thirty (30)days of the Agreement (“Initial Exclusion Period”).
2.3 The Agreement commences on the date of first successful payment.
2.4 Following the minimum term, the Agreement shall renew on a rolling monthly basis unlessterminated with thirty (30) days written notice.
3. PAYMENT, DEFAULT & RECOVERY
3.1 Monthly payments are due in advance.
3.2 Failure to pay within seven (7) days constitutes material breach.
3.3 Services may be suspended immediately upon non-payment.
3.4 If the Customer cancels early or defaults during the minimum term, the full remaining contractual balance becomes immediately due and payable.
3.5 The Company reserves the right to recover all outstanding sums, including statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998, administrative charges and all legal or debt recovery costs.
4. PRICE VARIATION
4.1 The Company reserves the right to vary pricing upon renewal of the Agreement.
4.2 The Company may also adjust pricing during the term where increases are required due tomaterial changes in operational costs, parts pricing, supplier increases or regulatory changes.Thirty (30) days written notice shall be provided.
5. SERVICES & LABOUR LIMITATION
5.1 Services are strictly limited to those expressly included within the subscribed Plan.
5.2 Included labour is capped at four (4) hours per visit.
5.3 Additional labour shall be charged at the prevailing rate.
5.4 Parts are excluded unless expressly stated.
5.5 Items described as FREE have no cash value and are non-transferable.
6. REPAIRS, PARTS & DISCRETION
6.1 The Company retains absolute discretion to refuse or discontinue repair where a spa is deemedunsafe, beyond economical repair, structurally compromised or otherwise unrepairable.
6.2 The Company does not guarantee availability of replacement parts. If parts cannot be sourceddue to age, manufacturer discontinuation, brand restrictions or supply chain constraints, theCompany may decline or cease repair works without liability.
6.3 No liability shall arise from inability to source parts.
7. PERSONAL GUARANTEE (COMMERCIAL CUSTOMERS)
7.1 Where the Customer is a limited company or business entity, the individual entering into thisAgreement warrants that they have authority to bind the entity.
7.2 The Company reserves the right to require a personal guarantee from a director or principal ofthe Customer to secure payment obligations under this Agreement.
8. HOT TUB COVER FITTING (GOLD PLAN)
Complimentary fitting applies only to covers purchased directly from the Company. Third-party covers are excluded.
9. CUSTOMER OBLIGATIONS
9.1 The Customer shall provide safe and unobstructed access.
9.2 The hot tub must be filled and connected to power at the time of service.
9.3 Missed appointments may incur charges.
10. DATA PROTECTION
10.1 The Company shall process personal data in accordance with the UK General Data ProtectionRegulation (UK GDPR) and Data Protection Act 2018.
10.2 Personal data shall be used for contract administration, service delivery, payment processingand customer communication.
10.3 The Company may share data with payment processors, debt recovery agencies orprofessional advisers where necessary for enforcement of this Agreement.
11. EXCLUSIONS
The Agreement excludes cosmetic damage, pest damage, frost damage, misuse, neglect,consumables (unless specified) and consequential loss.
12. LIMITATION OF LIABILITY
12.1 Total liability shall not exceed the total annual fees paid.
12.2 The Company shall not be liable for indirect or consequential loss.
13. FORCE MAJEURE
The Company shall not be liable for delay or failure due to events beyond reasonable control including supply chain disruption, manufacturer failure or acts of God.
14. GOVERNING LAW
This Agreement shall be governed by the laws of Scotland and subject to the exclusive jurisdictionof the Scottish courts.