Acrylic Spa Limited Warranty
Sembl Group Inc., operating under the brand name Kookabe (hereinafter referred to as the "Manufacturer"), provides the following warranty terms to the original retail consumer purchaser (the "Consumer/You") for your new Kookabe SPA equipment (hereinafter referred to as the "SPA") purchased from an authorized retailer and installed for residential use. This warranty takes effect on the date the SPA is delivered to the original consumer ship-to address (the "Warranty Start Date").
Nothing in this limited warranty excludes, restricts, or modifies the application of any implied condition or warranty, right, or remedy conferred by statute or regulation, including the British Columbia Sale of Goods Act and the Alberta Sale of Goods Act, to the extent that such exclusion, restriction, or modification is void under applicable law.
If placing the spa on an elevated structure, consult a structural engineer or contractor to ensure that the structure will support the weight of the filled spa and its occupants.
The consumer must provide clear access to the spa's components. If the spa is installed near a wall or with external structures, a minimum service clearance of 0.5 m (18 in.) must be reserved.
The Manufacturer does not recommend installing the spa indoors or in an enclosed space. The consumer is responsible for consulting with a licensed architectural building contractor to provide sufficient ventilation.
The consumer must maintain proper water chemistry and perform proper spa maintenance in accordance with the Spa Owner's Manual.
If the spa or its components are not accessible or if the Manufacturer's authorized agent feels servicing the spa is unsafe for any reason, the agents reserve the right to cancel and/or delay service until suitable accommodations have been met.
The following are specifically excluded from this limited warranty:
Fuses, covers, light bulbs, light lenses, spa pillows, seals on pump and motor, and any dealer installed accessories.
Any damage caused by extreme water temperatures outside the range of 1°C – 40°C (34°F – 104°F). This includes, but is not limited to, damage caused by improper winterization and failure to mitigate freeze damage in the event spa component malfunctions.
Any and all costs incurred due to freeze damage.
Any and all costs incurred due to improper electrical installation of the spa, including, but not limited to, personal injury or property damage. Electrical connections must be made by a qualified, licensed electrician in compliance with the Canadian Electrical Code (CSA C22.1), and any applicable provincial and municipal codes.
The Manufacturer and its agents shall not be liable for any loss or consequential cost not associated with the direct repair of the spa, including, but not limited to, loss of use, replacement of water or chemicals, utility costs, phone charges, and lost work time and damages due to inconvenience. However, this exclusion does not apply to direct property damage caused by a manufacturing defect in materials or workmanship.
Any and all costs of the spa's removal and replacement, including, but not limited to, removal, transportation, and damages to landscaping, decking, fencing, and/or other structures or any costs related to obtaining access to the spa.
Any and all costs of additional equipment required beyond the standard SPA delivery or removal procedure, including, but not limited to, the use of a crane to lift the spa over an obstacle or onto a non-ground level surface or structure.
Any damages caused by failure to install, maintain, and operate the spa in accordance with the recommendations contained in the Pre-Delivery Guide, Spa Owner's Manual, or any other instructions from the Manufacturer or the Manufacturer's Technical Support.
Any damages caused by improper maintenance of spa water chemistry or by any undissolved spa chemicals which may cause bleaching of the spa shell and corrosion or discoloration of jets.
Any damages caused by a dirty, clogged, or calcified filter or use of an unapproved filter cartridge.
Any repair work performed by anyone other than an authorized Manufacturer's agent or anyone without the express written permission by the Manufacturer's warranty department.
Spa shell damage caused by excessive heat build-up due to failure to cover the spa while empty of water and/or exposure to direct sunlight.
Damage directly caused by the use of a non-factory-installed salt chlorination system.
All warranties are null and void if any of the following occur:
The spa's electrical has been improperly installed. Electrical connections must be made by a qualified, licensed electrician in compliance with the Canadian Electrical Code (CSA C22.1), and any applicable provincial and municipal codes.
The spa has been subject to alteration, neglect, misuse, or abuse.
The spa's ownership has been transferred to another party.
Failure or refusal by the consumer to install, maintain, and operate the spa in accordance with the requirements contained in the Pre-Delivery Guide, Spa Owner's Manual, or any other instructions from the Manufacturer or the Manufacturer's Technical Support.
The spa has been used in a commercial, industrial, or any non-residential application (including, but not limited to, rental properties) or an application in which it was not designed.
The use of Tri-Chlor or calcium-hypochlorite.
DISCLAIMERS
TO BE ELIGIBLE FOR THE MANUFACTURERS' WARRANTY TERMS, THIS WARRANTY TAKES EFFECT ON THE DATE OF DELIVERY OF THE SPA TO THE ORIGINAL CONSUMER SHIP-TO ADDRESS. THE MANUFACTURER AND ITS AUTHORIZED AGENTS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, COST, OR OTHER DAMAGE, WHETHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, ARISING OUT OF ANY DEFECT COVERED BY THIS LIMITED WARRANTY, INCLUDING WITHOUT LIMITATION, LOSS OF USE OF THE SPA AND COST FOR REMOVAL OF DEFECTIVE PRODUCT, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIABILITY OF THE MANUFACTURER UNDER THIS LIMITED WARRANTY, IF ANY, SHALL NOT EXCEED THE ORIGINAL AMOUNT PAID FOR THE DEFECTIVE PRODUCT. COVERAGE UNDER THIS LIMITED WARRANTY SHALL COMMENCE AS OF THE DATE OF DELIVERY OF THE SPA TO THE ORIGINAL CONSUMER SHIP-TO ADDRESS. THE DURATION OF SUCH COVERAGE SHALL NOT EXTEND FOR ANY REASON WHATSOEVER BEYOND THE STATED TIME PERIOD. THESE DISCLAIMERS SHALL BE EQUALLY APPLICABLE TO ANY SERVICE PROVIDED BY THE MANUFACTURER OR ITS AUTHORIZED AGENTS. THESE DISCLAIMERS DO NOT LIMIT OR EXCLUDE ANY STATUTORY RIGHTS OR REMEDIES AVAILABLE TO THE CONSUMER UNDER APPLICABLE PROVINCIAL CONSUMER PROTECTION LEGISLATION.
LIMITATIONS
THIS LIMITED WARRANTY IS NON-TRANSFERABLE AND ONLY APPLIES TO THE ORIGINAL CONSUMER. THIS LIMITED WARRANTY IS IN ADDITION TO ANY IMPLIED WARRANTIES OR CONDITIONS IMPOSED BY APPLICABLE PROVINCIAL LEGISLATION, WHICH CANNOT BE EXCLUDED. ALL WARRANTY SERVICE MUST BE AUTHORIZED BY THE MANUFACTURER AND PERFORMED BY ITS AUTHORIZED AGENT. NO DEALER, DISTRIBUTOR, SERVICE COMPANY, OR OTHER PARTY IS AUTHORIZED TO CHANGE, MODIFY, OR EXTEND THE TERMS OF THIS LIMITED WARRANTY IN ANY MANNER WHATSOEVER.
5 YEAR PARTS
Acrylic Shell
The Manufacturer warrants the integrity of the SPA's shell against damage caused by defects in materials or workmanship for a period of 5 years from the Warranty Start Date.
Spa Stainless Steel Frame Structure
The Manufacturer warrants that the structural integrity of the SPA's stainless steel frame will not warp, bend or fracture due to defects in materials or workmanship for a period of 5 years from the Warranty Start Date.
3 YEAR PARTS
Acrylic Surface
The Manufacturer warrants that the integrity of the SPA's acrylic surface material will not blister or delaminate as a result of defects in materials or workmanship for a period of 3 years from the Warranty Start Date. This surface finish warranty does not apply to normal wear, discoloration and natural aging of the surface finish that occurs over time, nor does it cover damage caused by improper maintenance of SPA water chemistry. In the event of a defect, any acrylic repair shall be limited to the defective portion of the surface only, and no guarantee against discoloration or fading can be provided.
2 YEAR PARTS
Cabinet Skirting
The Manufacturer warrants that the spa's cabinet panels, corners, and skirting will not rot, crack or come off due to material defects for a period of 2 years from the Warranty Start Date. Normal wear, fading and weathering of the surface finish are natural phenomena and shall not be deemed as defects. This skirting warranty covers parts only and does not include labour. Labour costs for skirting repairs are the responsibility of the consumer.
Plumbing & Equipment
The Manufacturer warrants that: 1) the components of the SPA's plumbing system against leaks caused by defects in materials or workmanship for a period of 2 years from the Warranty Start Date; 2) the components of the SPA's equipment (including pumps, heaters and control systems) against defects in materials or workmanship for a period of 2 years from the Warranty Start Date.
1 YEAR PARTS
Warranty Specifics (if applicable)
Ozonators: The Manufacturer warrants that factory-installed ozonators will not malfunction due to defects in materials or workmanship for a period of 1 year from the Warranty Start Date (parts included).
LED Lighting: The Manufacturer warrants that factory-installed LED lighting systems will be free from defects in materials or workmanship for a period of 1 year from the Warranty Start Date (parts included).
Sound System: The Manufacturer warrants that factory-installed sound systems will be free from defects in materials or workmanship for a period of 1 year from the Warranty Start Date (parts included).
ELECTRICAL REQUIREMENTS
Electrical connections must be made by a qualified, licensed electrician and must meet the requirements of the Canadian Electrical Code (CSA C22.1), the applicable CSA standards for spas and hot tubs (CSA C22.2 No. 218.1), and any applicable provincial and municipal codes. Improper installations present hazards which can result in personal injury or property damage and void the warranty on the spa. Please see the Pre-Delivery Guide and/or Spa Owner's Manual for additional information.
IMPORTANT NOTICES
The Manufacturer's Warranty is void if the spa's ownership is transferred to another party. If the consumer relocates the spa to a new address, the consumer must notify the Manufacturer in writing prior to relocation. The Manufacturer reserves the right to assess warranty eligibility at the new location.
This limited warranty is enforceable only by the original consumer.
This warranty does NOT cover damage due to abuse, vandalism, or acts of nature including, but not limited to, damage resulting from lightning, storm, flooding, freezing, fire, and any other acts of nature.
The consumer is responsible for providing a solid, level foundation for the spa. This warranty does not cover any damage caused by an inadequate or improper foundation.
WARRANTY CLAIM PROCEDURE
To make a warranty claim, the consumer must:
Contact Kookabe Customer Service at team@kookabe.com
Provide the SPA serial number, date of purchase, and a description of the defect.
Allow an authorized Kookabe service agent to inspect the SPA and determine if the defect is covered under this warranty.
All warranty claims must be submitted within 30 days of discovering the defect.
DISPUTE RESOLUTION
In the event of a dispute arising under this warranty, the consumer may pursue any available remedies under applicable provincial law, including filing a claim with the British Columbia Civil Resolution Tribunal (for claims within its jurisdiction) or the applicable Alberta provincial court. Nothing in this warranty restricts the consumer's right to pursue any legal remedy available under applicable law.