ADDITIONAL TERMS AND CONDITIONS

1. IMPORTANT – PLEASE READ

1.1 This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully. By placing an order for products or services from this website and clicking to accept these Additional Terms and Conditions, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Additional Terms and Conditions. You may not order or obtain products or services from this website if you: (a) do not agree to these terms and conditions; (b) are not the age of majority in your province, territory, state or country of residence; or (c) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law.

1.2 These Additional Terms and Conditions (“Additional Terms”) govern the sale of all saunas (“Saunas”), heaters (“Heaters”) and other accessories (collectively with Saunas and Heaters, “Products”) by Nootka Collective Inc. (D/B/A Nootka Saunas – Canada) and Nootka Saunas Inc. (collectively, “Nootka Saunas”) through https://nootkasaunas.com (the “Website”) to you, the undersigned customer (“you” and “your”, as the context may require). These Additional Terms are subject to change by Nootka Saunas without prior written notice at any time, in our sole discretion.

1.3 The accompanying confirmation of sale, the Terms and Conditions set out at https://nootkasaunas.com/pages/terms-and-conditions and these Additional Terms (collectively, the “Agreement”) comprise the entire agreement between you and Nootka Saunas, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

2. Legal Compliance

2.1 You are solely responsible for ensuring that the installation, location and use of the Products comply with all applicable laws, regulations and requirements to which you may be subject, including, but not limited to:

(a) property setbacks, zoning restrictions, building codes and municipal and strata bylaws;

(b) provincial, state, and federal laws and regulations,

(c) the receipt by you of all required building, mechanical, electrical and other necessary permits and approvals; and

(d) insurance requirements, fire codes, fire bans and wildfire restrictions, and other safety-related restrictions (collectively, “Applicable Laws”).

2.2 Nootka Saunas makes no representations or warranties and accepts no responsibility with respect to your compliance with Applicable Laws. Nootka Saunas does not verify or guarantee compliance with Applicable Laws, and you are solely responsible for verifying and ensuring compliance with all Applicable Laws prior to installation or use.

3. Wood-Burning Systems and Electric Heaters

3.1 If you purchase a Sauna intended to be used with a wood-burning Heater and chimney system (collectively, “Wood-Burning System”), you expressly acknowledge and agree that:

(a) Nootka Saunas does not install or connect any Wood-Burning System;

(b) Nootka Saunas’ installers are not authorized, permitted or qualified to install or connect Wood-Burning Systems in or to Saunas;

(c) the purchase price for the Products does not include the installation or connection of Wood-Burning Systems in or to Saunas;

(d) the installation and connection of a Wood-Burning System must be performed by a qualified professional in accordance with all Applicable Laws at your sole expense;

(e) you must obtain all permits and approvals required for the installation and connection of a Wood-Burning System, including any required mechanical permits at your sole expense;

(f) Applicable Laws may prohibit or restrict the use of wood-burning appliances, including Wood-Burning Systems; and

(g) you are solely responsible for verifying and ensuring compliance with all Applicable Laws with respect to Wood-Burning Systems, including, without limitation, securing necessary approvals, and ensuring compliance with applicable fire codes, emissions rules, building codes, insurance coverage, and local inspection requirements, at your sole expense.

3.2 Nootka Saunas provides Saunas designed to accommodate Wood-Burning Systems such as the Harvia M3, a widely used model in traditional sauna installations. You acknowledge, agree and understand that:

(a) Wood-Burning Systems may not be UL® (Underwriter Laboratories) certified;

(b) Wood-Burning Systems may not be designed or listed to meet WETT (Wood Energy Technology Transfer) inspection™ standards, and Nootka makes no representations or warranties that any Sauna or Wood-Burning System would pass a WETT inspection™; and

(c) you are solely responsible for confirming whether use of such Stoves and Wood-Burning Systems is acceptable to your local inspector, insurance provider, or authority having jurisdiction, at your sole expense.

3.3 For Saunas intended to be used with electric Heaters (“Electric Heaters”), you expressly acknowledge and agree that:

(a) Nootka Saunas does not install or connect any Electric Heater;

(b) Nootka Saunas’ installers are not authorized, permitted or qualified to install or connect Electric Heaters in or to Saunas;

(c) the purchase price for the Products does not include the installation or connection of Electric Heaters in or to Saunas;

(d) the installation and connection of an Electric Heater must be performed by a licensed electrician or other qualified professional in accordance with all Applicable Laws at your sole expense;

(e) you must obtain all permits and approvals required for the installation and connection of an Electric Heater including any required electrical permits at your sole expense;

(f) you are solely responsible for verifying and ensuring compliance with all Applicable Laws with respect to Electrical Heaters, including, without limitation, securing necessary approvals, and ensuring compliance with applicable fire and electrical codes, building codes, insurance coverage, and local inspection requirements, at your sole expense.

3.4 NOOTKA SAUNAS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO WOOD-BURNING SYSTEMS, ELECTRIC HEATERS OR ANY OTHER THIRD-PARTY PRODUCTS, INCLUDING ANY: (A) WARRANTY WITH RESPECT TO THEIR COMPLIANCE WITH APPLICABLE LAWS AND GUIDELINES; OR (B) WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Homeowner Insurance Responsibility

4.1 You acknowledge and agree that you are solely responsible for confirming that your homeowner’s insurance policy, if any, permits or provides coverage in respect of:

(a) the installation and use of wood-burning or electric Saunas;

(b) the installation and use of a Wood-Burning System or Electric Heater, as applicable; and

(c) any potential property damage, injury, fire or other risk arising from installation, use and maintenance of the Products.

4.2 Nootka Saunas makes no representation or warranty regarding:

(a) your insurability or the insurability of your home or other property;

(b) the insurability of the Products under your policy coverage; or

(c) the impacts or consequences of the purchase, installation, use and maintenance of the Products on your insurability or your policy coverage.

5. LIMITATION OF LIABILITY

5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOOTKA SAUNAS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS OR EXPENSES OF WHATEVER KIND (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING:

(a) PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR FINANCIAL LOSS RESULTING FROM THE USE OR MISUSE OF THE PRODUCTS.

(b) IMPROPER INSTALLATION OR MODIFICATION OF THE PRODUCTS;

(c) USE OF THE WOOD-BURNING SYSTEMS OR ELECTRIC HEATERS;

(d) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO ANY FAILURE TO OBTAIN ANY REQUIRED PERMITS, INSPECTIONS AND APPROVALS, OR USE OF THE PRODUCTS IN CONTRAVENTION OF FIRE BANS OR WILDFIRE RESTRICTIONS;

(e) ERRORS, OMISSIONS OR NEGLIGENCE BY ANY THIRD-PARTY INSTALLER, CONTRACTOR OR SERVICE PROVIDER RETAINED BY YOU, INCLUDING WITH RESPECT TO INSTALLATIONS, MAINTENANCE OR OTHER SERVICES PERFORMED BY THIRD PARTY INSTALLERS, CONTRACTORS OR SERVICE PROVIDERS;

(f) ANY MAINTENANCE, STRUCTURAL MODIFICATIONS OR ADDITIONS TO THE PRODUCTS MADE BY YOU OR ANY THIRD PARTIES;

(g) ANY DENIAL OF INSURANCE COVERAGE, INSURANCE POLICY VIOLATION OR INCREASE IN INSURANCE PREMIUMS RESULTING FROM THE PURCHASE, USE, INSTALLATION OR MAINTENANCE OF THE PRODUCTS.

5.2 IN NO EVENT SHALL NOOTKA SAUNAS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THESE ADDITIONAL TERMS OR TO THE PURCHASE, INSTALLATION, USE AND MAINTENANCE OF THE PRODUCTS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE TO YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

5.3 SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL NOOTKA SAUNAS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO NOOTKA SAUNAS FOR THE PRODUCTS SOLD HEREUNDER.

6. No Waivers

6.1 The failure or delay by Nootka Saunas to exercise or enforce any right or provision of these Additional Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Nootka Saunas.

7. Severability

7.1 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

8. Governing Law and Choice of Forum

8.1 All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of British Columbia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of British Columbia.

8.2 Any legal suit, action, litigation or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, shall be instituted in the courts of the Province of British Columbia, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

9. Acknowledgment & Acceptance

9.1 BY CHECKING THE “ACCEPT” BOX AT CHECKOUT (OR SIGNING BELOW), YOU

(a) CONFIRM AND AGREE THAT YOU ARE AWARE AND UNDERSTAND THAT THE USE OF THE PRODUCTS INVOLVES INHERENT RISKS, DANGERS AND HAZARDS, INCLUDING, WITHOUT LIMITATION, DEATH, BURNS, DEHYDRATION, SMOKE INHALATION, FIRE, AND PROPERTY DAMAGE;

(b) TO THE MAXIMUM EXTENT OF THE LAW, FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE INHERENT RISKS, DANGERS AND HAZARDS INVOLVED WITH THE USE OF THE PRODUCTS INCLUDING THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE;

(c) CONFIRM AND AGREE THAT YOU HAVE READ THIS AGREEMENT IN FULL AND UNDERSTAND THE TERMS AND PROVISIONS SET OUT HEREIN;

(d) EXPRESSLY ASSUME FULL RESPONSIBILITY FOR THE ONGOING MAINTENANCE, SAFE OPERATION AND LAWFUL USE OF THE PRODUCTS BY COMPLETING THE PURCHASE OF THE PRODUCTS;

(e) AFFIRM THAT:

(i) IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS; OR

(ii) IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE ADDITIONAL TERMS; AND

(f) AGREE THAT YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS INTENDED TO AUTHENTICATE THIS WRITING AND TO HAVE THE SAME FORCE AND EFFECT AS A HANDWRITTEN SIGNATURE IN ACCORDANCE WITH THE ELECTRONIC TRANSACTIONS ACT (BRITISH COLUMBIA), SBC 2001, C. 10.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT CHECK THE “ACCEPT BOX” OR PURCHASE THE PRODUCTS.

In most jurisdictions, the following setbacks are required for wood-burning appliances, including saunas. It is the customer's responsible to ensure their sauna is compliant with such setback requirements.