Terms & Conditions
Thermal-Bay.com is owned and operated by PoolHeatPumps.com

This website is published and maintained by Poolheatpumps.com Inc. When you access, browse, or use this website you accept, without limitation or qualification, the terms and conditions set forth below.

Many products sold at Poolheatpumps.com come with manufacturer's warranties. Ask if you qualify. In the event you feel you have a defective product, please contact the manufacturer per the instructions in the manufacturer's warranty. Most manufacturer warranties require installation and repair to be provided by a qualified, licensed professional. We recommend saving your installation invoice for future reference should a warranty issue arise. At Poolheatpumps.com, Inc., we make every effort to keep product warranty information on our website up to date, but manufacturers often change warranty terms. Poolheatpumps.com assumes no liability for manufacturer warranties or modifications to those warranties. In addition, Poolheatpumps.com does not provide any warranties other than those offered by the manufacturers, and makes no representations or guarantees regarding manufactures' warranties. Should you have any warranty questions, always refer to the warranty terms within your Owner's Manual.

Your right to use this website and its contents:
This website is only for your personal use. You may not distribute exchange, modify, sell, or transmit anything you copy from this website, including, but not limited to, any text, images, audio and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, Thermal-Bay.com grants you a non-exclusive, non-transferable, limited right to enter, display, and use this web site. You agree not to interrupt or attempt to interrupt the operation of this web site in any way.


Ownership:
All materials on this web site, including but not limited to audio, images, software, text, artwork, video clips and other materials (the "Content") are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this web site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this web site, all of which are owned by, or used by permission from our suppliers. By making them available on this web site, Thermal-Bay.com is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Thermal-Bay.com often obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine whether or not the information is accurate, nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the web site to be 100% accurate. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You may print the Content to be used only by you for your personal use at home or for legitimate and lawful business use. If you download any Content from this web site, you may not remove any copyright or trademark notices or other notices that go with it.


Thermal-Bay.com rights to user's material:
If you send any communications or materials to the website by e-mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Thermal-Bay.com uses such material. We will of course respect your wishes if you tell us specifically what you want done with your communication. Any material submitted to this website may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, transmitted, or used by Thermal-Bay.com anywhere in the world, in any medium, forever. Furthermore, Thermal-Bay.com is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Thermal-Bay.com Inc is not obligated to use any such ideas or materials, and you have no rights to compel such use. If you ask us in writing we will not print anything you send us.


Transmitted material:
Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending an e-mail message to Thermal-Bay.com does not cause us to have any special responsibility to you.


Links:
This website may contain links to other Internet sites on the World Wide Web. Thermal-Bay.com provides such links for your convenience only, and is not responsible for the content of any website linked to or from this website. Links from this website to any other website do not mean that Thermal-Bay.com approves of, endorses, or recommends that website. Thermal-Bay.com disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.


Availability of products:
The products displayed on this website may not be available for purchase in your particular country or locality. The reference to such products on this website does not imply or warrant that these products will be available at any time in your particular location. You should check with us for the availability of specific products in your area and if a warranty is valid in your location.


Internet Protocol (IP) Address
An IP address is a number that is automatically assigned to your computer every time you browse the Internet. When users request a page from our site, our servers log the users current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personal information about you. However, as users navigate the Thermal-Bay.com web site, their movements around the site may be monitored and analyzed in order to enable us to provide a web site with improved functionality, usability and efficiency. These movements around the web site may also be monitored and analyzed to enable us to provide users with specific customized information which we believe may be of interest as a result of their relationship withThermal-Bay.com.

Order Information
We provide an order form for you to use to request information or purchase products. When you place an order, we will collect certain personal information, such as your shipping and e-mail addresses, and certain financial information, such as your account number or credit card number, and we will place that information on a secured server. Your address and personal information is used to send orders and information about us to you and to contact you when necessary. Your financial information is used for billing purposes. Since you also have the option of purchasing products over the telephone, Canadian and USA customers can always elect to pay us by check or money order, international customers can wire funds.


Product Descriptions
Thermal-Bay.com makes all attempts to provide accurate descriptions of all products offered on this web site. However, we do not warrant that the product descriptions are complete or error-free.


Thermal-Bay.com right to change these Terms and Conditions of Use or the web site Content:
Thermal-Bay.com may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this website apply as soon as they are posted. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. Thermal-Bay.com may add, change, discontinue, remove, or suspend any other Content posted on this website, including features and specifications of products described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.


Indemnification
You agree to indemnify, defend, and hold Thermal-Bay.com and all of its officers, directors, employees, agents, representatives, information providers, licensors and licensees and affiliates (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Thermal-Bay.com’s defense of any claim.


Disclaimer of warranties and damages; limitation of liability:
Your use of this website is at your own risk. This website (including all content and functions made available on or accessed through this website) is provided "as is" to the fullest extent permissible by law, with regard to the content on this website, Thermal-Bay.com makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through this website; (2) that the server that makes this website available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use this website.
Under no circumstances, including but not limited to Thermal-Bay.com negligence, shall Thermal-Bay.com be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to (A) the use of, (B) the inability to use, or (C) errors or omissions in the contents and functions of this website, even if Thermal-Bay.com or an authorized representative of ours has been advised of the possibility of such damages. Some States do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation of exclusion may not apply to you. In no event shall Thermal-Bay.com’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed $100.00.


General provisions:
These Terms and Conditions of Use and any additional terms posted on this website together constitute the entire agreement between Thermal-Bay.com and you with respect to your use of this website. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Washington, County of Snohomish, United States of America, without reference to its conflicts of law rules.


Governing Law:
Transactions between you and Poolheatpumps.com Inc. shall be governed by and construed in accordance with the laws of the State of Washington, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and Thermal-Bay.com shall be brought in the state or federal courts located in Snohomish County, Washington and the customer hereby agrees and submits to such jurisdiction and venue as proper.


Domestic Shipment Method:
Unless otherwise arranged, we ship by truck or airline. We also use UPS and the US Post Office. All shipments are (FOB shipping point prepaid and added). You own the merchandise while it is in transit. Inspect your shipment when it arrives, and refuse it if there are any damages and we will get a replacement on the way ASAP. Thermal-Bay.com will provide any shipping documentation and assistance required for your claim to be completed.
Damages or shortages must be reported to the delivering carrier or truck driver immediately upon receipt and so noted on the Bill of Lading before acceptance of the shipment is made. Deviating from this procedure will result in possible delays. Please call us with any problems, and we will do what is necessary to keep you happy.


International Shipment Method:
Unless otherwise arranged, we ship by truck and or airline for International orders. We also use UPS and the US Post Office. All shipments are (FOB shipping point prepaid and added). You own the merchandise while it is in transit. If there are any damage claims, you as the buyer, file against the shipping company and will receive compensation directly from them. We do this because we are not there personally to inspect/accept the shipment when it arrives. We don't know your receiving conditions.Thermal-Bay.com will provide any shipping documentation and assistance required for your claim to be completed. Please call ASAP if there are any issues.
Damages or shortages must be reported to the delivering carrier or truck driver immediately upon receipt and so noted on the Bill of Lading before acceptance of the shipment is made. Deviating from this procedure will result in an unenforceable claim against the delivering carrier or Thermal-Bay.com. Please call us if anything happens and we will do whatever is necessary to keep you happy.


Returns:
Returns of non-defective (In New Condition) merchandise to Thermal-Bay.com are permitted for any reason within 30 days of purchase date. There will be a 20% restocking charge due to the nature of the following products; all sales are final on these items: swimming pools, robotic cleaners and heaters. These items come with manufacturer warranties which will still apply.
Returns to Thermal-Bay.com must be made within 7 days of the invoice date. Please request an RGA number prior to returning goods. Items returned without an RGA number will be refused. The RGA number is good for only one (1) item and must match the item authorized for return. Returned merchandise must be in the original box and in resalable condition and include all literature, warranty cards etc. Buyer is responsible for all shipping costs. Special order products may only be returned, if defective, for replacement and not for refund. Your account will be credited the full amount of the returned item less any applicable charges. Please allow 1 week for refunds to be processed and credited to your account.
It is the financial responsibility of the customer when any shipment is refused or denied delivery. This financial responsibility includes all shipping costs, restock fee, warehouse storage fees and any other charges associated with a refused or denied shipment.
All returns should be sent via UPS or Federal Express. Do not ship via US Post. We suggest you insure your returns. Thermal-Bay.com is not responsible for returns that are lost or damaged in shipment.
At Thermal-Bay.com we are dedicated to providing the highest quality pool supplies at the lowest possible prices. We however reserve the right to refuse service to anyone. Possession of printed material downloaded from our website does not constitute a binding agreement. Customers are frequently notified prior to completing their order to confirm information and correct pricing errors.
Orders shipped to a Washington address will be charged sales tax.
Products, pricing, and specifications are subject to change without notice.
Thermal-Bay.com is not responsible for typographical errors which may occasionally occur in descriptions and pricing.
Pictures on the site are representations of the products sold and may not exactly match what you receive.
Thermal-Bay.com expressly disclaims liability for any injury, or damage of any kind arising from the use or inability to use any item we sell. Our only obligation is to replace an item that is delivered defective, and that obligation is limited.