Contract

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PURCHASE AGREEMENT TERMS & CONDITIONS

This Agreement is made by and between Hot Tubs of St. Louis and the buyer as stated on the front page of this Agreement hereinafter referred to as the "Buyer."

1. Purchase and sale: Purchaser agree to buy, and HTOFSTL agrees to sell the goods described herein, on the terms and conditions outlined in this contract. Ownership of Goods purchased will not pass to Buyer until all balances due are paid in full prior to delivery. You have till midnight on the 3rd business day to cancel this purchase. Please send correspondence to 1500 Old Missouri 21, 63010.

2. For cashier’s check or money order, final payment must be made at least 48 hours prior to delivery. Please make ALL CHECKS PAYABLE to “Hot Tubs of St. Louis”.

3. If a credit card is used for final payment a 3% convenience fee will be charged.

4. Once the cancellation period is terminated a minimum 25% cancellation fee of the sub-total sale price will be assessed.

5. The Buyer’s deposit shall be forfeited should the Buyer refuse to take delivery of the Hot Tub or Swim Spa.

6. Buyer hereby agrees to purchase the make and model of a spa at the price agreed to on the front page.

7. Buyer agrees to be bound by all the terms and conditions of the accompanying Installation, Electrical and Service Requirements form (which is incorporated herein by reference) executed simultaneously and further understands and agrees that all violations of that Requirements form, can and will void any and all Manufacturer's warranties.

8. All Financing agreements will be subject to a 1% processing fee.

9. Warranty: Service trip charges are not included in warranty service work; exceptions apply.

10. Floor model Hot Tubs and Swim Spas are sold subject to blemishes and scuffs in the skirt and surface of the tub and/or swim spa. Floor models are defined for purposes of this purchase and sale agreement as any Hot Tub and/or Swim Spa that has been used as a display model in either an Expo, Home Show or at the Showroom.

11. Delivery shall be made in accordance with the Installation, Electrical and Service Agreement, executed by the Buyer simultaneously with this Purchase and Sale Agreement and made a part hereof. Delivery will be set within a six (6) hour time window. An Agent of the Buyer MUST be present to accept the Spa. The spa shall be deemed delivered when it is placed in the location and position as directed by the Buyer's agent. As stated in the Installation Agreement which is made a part of this Purchase and Sales Agreement, the location for the subject spa must be easily accessible in accordance with the Installation Agreement. The Buyer's authorized agent may be the Buyer's licensed electrician or general contractor. Once the Spa is delivered and accepted by the agent, it shall be deemed to have been delivered in good condition. The spa may only be rejected upon delivery if the condition of the spa is damaged during shipping, i.e., holes, cuts and/or cracks in the surface areas of the subject spa or visibly broken parts. The delivery service shall not be required to stay until the spa is installed, filled, and connected to the power source, the manufacturer's warranty will apply if all of the installation requirements have been adhered to under the Manufacturer's specifications and the accompanying Installation Agreement. If the Buyer or the Buyer's agent is not present to accept delivery of the spa, the Buyer shall be subject to a re-delivery charge of $300.00 + $1.00 a mile outside of a 35-mile radius of 1500 Old Highway 21, Arnold, MO, 63010. 1500 Old Highway 21, 63010 is designated as the shipment facility for delivery of customers spa. Re-delivery shall be at the discretion of Hot Tubs of St. Louis and their delivery Company. If re-delivery is attempted a second time and the Buyer is not prepared to receive the delivery, the Buyer shall be deemed to be in default of this Agreement and subject to loss of deposit and/or payment.

12. Cancellation of this Agreement will only be effective if made, in writing, and delivered to the Seller within three (3) calendar days of the date of this Purchase and Sale Agreement. It is the policy of the Seller to wait for the expiration of the three-day cancellation period before ordering the spa from the manufacturer. However, in some cases, the Buyer may direct the Seller to place the order for the spa before the expiration of the three-day cancellation period as stated herein. In the event where the Buyer requests that the subject spa, be ordered at the time of execution of this Purchase and Sales Agreement, then should the Buyer attempt to cancel this at any time prior to delivery, the deposit shall be forfeited. Once the cancellation period is terminated a minimum 25% cancellation fee on the sub-total sale price will be assessed and the Buyer's deposit shall be forfeit should the Buyer refuse to take delivery of the Spa for any reason unless a spa is delivered in a damaged condition at which time, paragraph 3 above shall govern.

13. Upon the execution of this Purchase and Sale Agreement, a proposed delivery date shall be established by the Seller. Since the Seller has to pay the manufacturer for the spa upon placing this order, in the event that the Buyer cannot accept delivery on the proposed delivery date, then the Seller shall be entitled to receive storage fees in the amount of $50 per week. In the event that the incurred storage fees exceed the amount of the deposit, the Seller shall provide the Buyer notice of that Date, and the Buyer shall be required to pay the remaining balance due upon receipt of that notice from Seller. Storage fees shall continue to accrue until the time of delivery. Storage fees shall be in addition to the price of the Spa and all accessories. No spa shall be stored for a period in excess of four (4) months from the date of this Agreement. ln the event that the balance due is not paid upon receipt of the Seller's notice, as set forth above, or within the four (4) months also stated herein, then the subject spa of this order shall be forfeited to the Seller without any further notice to the Buyer along with all payments made to the Seller. If the Buyer re-orders the spa, additional charges plus freight charges may be charged by the Seller.

14. In the event, if delivery of the subject Hot Tub and or swim spa is not completed within Twelve (12) months of the sale, then this contract shall be deemed terminated and the deposit forfeit to the Seller. The buyer can extend it to 6 additional months with payment in full.

15. Customer and/or Customer's agent shall in no way interfere with the delivery crew when the subject hot tub or swim spa is being delivered. Interference shall be defined (and not limited to) verbally abusing the delivery crew, giving the delivery crew directions on how to actually carry the hot tub or swim spa to the designated site, videotaping the crew while in the process of delivery, etc. If the Delivery crew feels that they are being harassed in the performance of their duties, the Seller has the right to stop the Delivery and the Customer shall be charged a redelivery fee or be deemed in default of this contract and subject to forfeiture of the deposit and or entire fee.

16. All hot tubs and swim spas that are custom built from the factory must be paid for in full, including and not limited to accessories, delivery charges and crane rentals (where applicable) at least 48 hours before they are shipped from the factory. The Seller shall provide notice to the customer at least five business days prior to the shipping date to the customer to enable the customer sufficient time to provide full payment to the Seller. ln the event that this provision is breached, and full payment is not made on time, the Seller has the absolute and sole right to cancel the shipment, and the deposit shall be forfeited to the Seller. For Hot Tubs and Swim Spas that are sold out of existing inventory or display models (Display models being defined above) payment must be made in full for all Hot Tubs and/or Swim Spas, accessories, delivery charges and crane rentals (where applicable) at least 48 hours prior to delivery. No payments will be accepted on delivery. Final payments must be made by certified funds (cashier’s check), wire transfer, and Credit cards can be accepted for final payment but will be subject to a 3% credit card fee. All sales are final upon payment and delivery to the site.

17. Only the Manufacturer's warranty shall be given to the Buyer. The Manufacturer's warranty starts 1 year from manufacture date or delivery date if less than 1 year. The seller makes no warranties as to the Spa. Manufacturer and Seller make no warranties as to any work performed in the installation of the subject spa. IN THE EVENT THAT THE BUYER AND OR THE BUYER'S AGENTS DO NOT FOLLOW THE ACCOMPANYING INSTALLATION, ELECTRICAL AND SERVICE AGREEMENT SIMULTANEOUSLY EXECUTED AND INCORPORATED HEREIN, ALL WARRANTIES GIVEN BY THE MANUFACTURER SHALL BE VOIDED.

18. In the event of a dispute under this Purchase and Sale Agreement and all related documents between the Seller and the Buyer, said dispute shall be resolved in a Court of Competent Jurisdiction. Missouri Law shall govern and venue for such dispute shall be in Jefferson County, Missouri. The prevailing party in said dispute shall be entitled to reimbursement of all fees and costs including reasonable attorney's fee through trial and appeal.

19. This contract represents the entire agreement between the parties hereto and is not subject to change or modification except by written agreement and signed by all parties hereto. This Purchase and Sale Agreement supersede all prior agreements or assertions whether oral or written and all other communications between the parties hereto.

20. Seller does not provide, nor is required to provide any maintenance support or maintenance products which may be purchased separately from Seller.

21. This Agreement is not assignable by the Buyer.

22. If any part of this Purchase and Sale Agreement is determined to be invalid, such invalidity shall not affect the validity of the rest of this Agreement and any related documents.

23. Transfer of warranty must be approved by the Dealer and Manufacturer. If approved there is a $250 transfer fee.

NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT, YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.