Term and Conditions, Terms of Service & Policy

Terms and Conditions, Terms of Service & Policy

Balboa Spa Tech Services
ABN: 90 676 012 319
Last updated: April 2025

The Terms and Conditions, Terms of Service, & Policy of Balboa Spa Tech Services have been prepared by our professional legal team and form the foundation of how Balboa Spa Tech Services provide services.

They are intended to be clear, straightforward, and provided “as is.” While we comply with Australian Consumer Law, Balboa Spa Tech Services cannot be held liable for alternate or differing interpretations of the law and/or of these agreed upon Terms and Conditions, Terms of Service & Policy.

Links to Terms
For transparency, a link to our website containing the full Terms and Conditions, Terms of Service & Policy will appear at the bottom of all invoices, payment links, emails, and some service SMS messages. Clients are encouraged to review these documents prior to proceeding with any payment or service, as once they do so, the client has agreed to the Terms and Conditions, Terms of Service & Policy.

Balboa Spa Tech Services has provided every reasonable opportunity for clients to access our Terms and Conditions, Terms of Service & Policy. However, Balboa Spa Tech Services cannot be held liable if a client chooses not to read them. Clients who have difficulty reading or understanding these documents are encouraged to seek appropriate assistance to ensure they fully understand and agree to the Terms and Conditions, Terms of Service & Policy before proceeding. Upon request, Balboa Spa Tech Services can also provide clients with a copy of these Terms and Conditions, Terms of Service & Policy by post, email, or other suitable means, separate to the website.

If you need an interpreter to ask about the Free Translating Service, call TIS National on 131 450 and state your preferred language.

1. Acceptance of Terms

By engaging Balboa Spa Tech Services for spa equipment installation, maintenance, or repair, you (“the client”) agree to these Terms and Conditions, Terms of Service & Policy.

Payment for any service constitutes your acceptance of these terms.

2. Non-Refundable Parts Policy

All parts installed by Balboa Spa Tech Services are non-refundable once purchased.

Applies to all purposes, including installation.
No exceptions will be made under any circumstances.
Service credit only may be issued at Balboa Spa Tech Services discretion.

3. Manufacturer Warranty Only

Balboa Spa Tech Services does not provide any warranty on parts beyond what is offered by the original manufacturer.

Faulty Parts Assessment

All suspected faulty parts must be tested and confirmed as defective by the manufacturer and/or supplier.
Only reports issued directly by the supplier’s or manufacturer’s authorised team will be accepted.
Reports, diagnostics, or assessments from third-party repair companies will not be accepted.

Additional Terms

Refunds or replacements, if approved, may be subject to a restocking fee of up to 15%.
All manufacturer warranty claims are subject to the manufacturer’s terms, timelines, and policies.
Balboa Spa Tech Services is not responsible for delays, outcomes, or decisions beyond our control.

4. 12-Month Workmanship Warranty

Balboa Spa Tech Services provides a twelve (12) month warranty on all installation and repair services performed by us, covering defects arising solely from workmanship.

Exclusions

Pre-existing spa system faults or issues present prior to our attendance.
Damage, faults, or defects caused by improper maintenance, misuse, neglect, or operation outside manufacturer specifications.
Parts that could not reasonably be tested or diagnosed at the initial inspection.
Damage caused by external factors, environmental conditions, or actions/omissions of other trades or third parties.
Faulty parts not confirmed as defective by the manufacturer and/or supplier.

Conditions

All suspected faulty parts must be tested and verified by the supplier’s or manufacturer’s authorised team.
Reports or diagnostics from third-party repair companies will not be accepted.
All warranty claims must be lodged within the twelve (12) month warranty period.
Assessment of claims is at the sole discretion of Balboa Spa Tech Services.

5. Diagnostic Services

All pool/spa diagnostic services are non-refundable.
A diagnostic does not obligate the client to proceed with further work.

5.1 No Refund Policy on Scheduled Diagnostics

Once a spa diagnostic appointment is scheduled, no refunds will be issued if the client cancels or engages another company.
Service credit only may be offered at Balboa Spa Tech Services’ discretion.
If rescheduled by Balboa Spa Tech Services (e.g., adverse weather, staff shortages, illness), the diagnostic will be rebooked for the next available suitable date only.

5.2 Limitations of Diagnostics

A diagnostic may not identify all issues during the initial assessment.
Additional faults may be discovered only after certain parts are repaired or replaced.
Additional repairs will be quoted separately.
Complete diagnostics may be delayed until faulty parts are replaced.
Use of industry-standard tools does not guarantee detection of every fault.

6. Spa Operation Disclaimer

Installation of new parts does not guarantee the overall operation of the spa.

Pre-existing issues may still affect functionality.
Such issues are not covered under our service or liability.

7. Electrical Work & Other Trades

Electrical work outside our licensing scope (as per AS/NZ Standards) must be performed by a licensed electrician.

Balboa Spa Tech Services is not responsible for the work or reliability of third-party trades.
We do not organise third-party services on behalf of clients.
It is the client’s responsibility to arrange and engage appropriate professionals.

8. Payments and Orders

Full payment is required before any parts are ordered.

Conditions for Installation

Installation can only be included if a spa diagnostic service was booked in advance.
The part must be installable by our technicians and within our licensing scope.
Installation is capped at one (1) hour; additional time is billed at $65.00 per technician, per hour.
Does not include services of other trades or personnel.

General

Payment confirms agreement to these Terms and Conditions, Terms of Service & Policy.
No refunds for change-of-mind purchases.

8.1 Order & Repair Timeframes

Most orders/repairs are completed promptly.
Some may take several weeks due to supplier/manufacturer timelines or updates/changes to PCB boards and are outside Balboa Spa Tech Services control.
Service credit only may be provided at our discretion; Cash/EFT/Cheque/Payment processor refunds will never be issued.

9. Limitation of Liability – Third-Party Installers & Theft

Balboa Spa Tech Services is not liable for loss, damage, or theft of parts or equipment installed by independent contractors, subcontractors, volunteers, or employees.

In case of theft or non-completion

Responsibility lies solely with the individual involved.
Clients will be notified and a police report filed.
Balboa Spa Tech Services will cooperate fully with authorities but does not assume financial or legal responsibility.
Where legally required, Balboa Spa Tech Services will provide the name of the responsible individual for insurance, civil or criminal legal proceedings.

9.1 Limitation of Liability

Balboa Spa Tech Services are not liable for indirect, incidental, or consequential damages related to any part or service.
Balboa Spa Tech Services are not responsible for manufacturer defects, water damage from leaks, pre-existing faults, or any component failure after installation.
Balboa Spa Tech Services maximum liability is limited to the cost of the service or part, and if applicable, will be compensated via service credit only.
Clients are responsible for maintaining their spa area and addressing water damage risks.

10. Changes to Terms

Balboa Spa Tech Services reserves the right to modify these terms at any time.
Significant changes will be communicated before taking effect.

11. Abuse & Harassment Policy
Balboa Spa Tech Services maintains a strict zero-tolerance policy for abuse, threats, harassment, intimidation, or any form of mistreatment directed toward Balboa Spa Tech Services staff.

This includes, but is not limited to:

Verbal or physical abuse.
Intimidation, harassment, or discriminatory behaviour.
Aggressive, abusive, or threatening SMS, emails, phone calls, or other telecommunications.
Any conduct that causes our team to feel unsafe, disrespected, or threatened.

Enforcement Measures
If such conduct occurs:

The client will be immediately blocked from all future contact.
All current and future services will be cancelled without notice.
No refunds or service credits will be issued under any circumstances.
Balboa Spa Tech Services reserves the right to pursue legal action where necessary.

Call & Communication Records
All calls are recorded for training and quality purposes. These recordings, along with any written communications, may be used as evidence to justify the blocking of a client or the termination of services.

12. Orders, Refunds & Restocking Fees

Once payment is received, parts will be ordered.
Parts are non-refundable once ordered unless the supplier accepts a return.
Supplier approved returns incur a 15% restocking fee.
Supplier refunds are processed at the end of the following business month after supplier assessment.
Balboa Spa Tech Services are not responsible for supplier/manufacturer delays.

12.1 Lay-By Service

At Balboa Spa Tech Services discretion, instalment payments may be offered.
If multiple agreed payments are missed, the order will be cancelled with no refunds.
All payments made will be forfeited as they act as a non-refundable deposit.
Prices are subject to supplier/manufacturer increases at the time full payment has been received.
All amounts must be paid in full before parts are ordered or services rendered.
Processing fees apply and are not included in quotes.

13. Installation Disclaimer

Installations done as part of diagnostics are not guaranteed and incur no extra charge unless exceeding one (1) hour.
Additional time billed at $65.00 per technician, per hour.
Higher rates may apply for specialised trades.
If installation is too complex or outside Balboa Spa Tech Services capabilities, clients must arrange an external service provider.
No refunds will be issued if installation cannot be completed.
Clients should confirm access to suitable installation services before ordering.
Site Access & Safety Requirements
Clients must ensure a minimum of 500mm of clear access space around their spa to allow technicians to safely and effectively undertake repairs, servicing, or installations. The surrounding area must be maintained by the client in a condition that is free from debris, obstructions, and potential hazards at all times.

In addition:

In some cases, Balboa Spa Tech Services may require the spa to be either empty or full depending on the work to be carried out. Clients will be notified of these requirements prior to the scheduled service.
If the technician arrives and the spa has not been prepared as instructed, the booking will be rescheduled. Due to our tight schedule, technicians cannot perform this preparation on behalf of the client. Rescheduling under these circumstances may also incur an additional diagnostic fee, depending on the location and nature of the required work.
For work requiring the spa to be full after installation or when performing Magnesium Maintenance Kit conversions, the technician must leave the site once the required product has been added and the spa, swim spa, or pool is in the process of refilling. It is the client’s responsibility to ensure someone is present to monitor the water level and switch off the water supply once the spa is full.
Failure to comply with these requirements may result in cancellation of the service with no refunds or service credits issued.

14. Heat Pump Supply & Installation Disclaimer

Balboa Spa Tech Services supplies heat pump units but does not install heat pumps or gas pool heaters.
Installation must be completed by qualified professionals.
It is the client’s sole responsibility to arrange installation.
We are not liable for installation-related issues including damages, malfunctions, or non-performance due to improper installation.
No refunds will be issued if installation is not possible.
Purchase of a heat pump or gas pool/spa heater constitutes acceptance of these terms.

15.Consistency of Terms
All discussions regarding warranties, timelines, and the scope of work to be carried out are subject strictly to these Terms and Conditions, Terms of Service, & Policy.

While Balboa Spa Tech Services strives to ensure that information discussed with clients is accurate and consistent, clients must understand, read, and agree that only the written Terms and Conditions, Terms of Service, & Policy form the binding agreement.

Any verbal or written discussions that may differ from these terms do not alter, amend, or override the agreed Terms and Conditions, Terms of Service, & Policy.

Contact Us

📧 Email: admin@balboaspatechservices.com
📞 Phone: 1300 018 329
🌐 Website: www.balboaspatechservices.com.au

Important:

Balboa Spa Tech Services do not offer refunds for change-of-mind purchases.
Service credit may be provided at Balboa Spa Tech Services discretion.
Before payment, clients confirm they have read, understood, and accepted these terms.
These Terms and Conditions, Terms of Service & Policy form the foundation of our service relationship.
If you do not agree, do not make payment.
Balboa Spa Tech Services cannot alter these terms individually; clients not in agreement are encouraged to seek alternative service providers.