GENERAL TERMS AND CONDITIONS, Exclusive pools & parts Nordic AB, reg. no 559453-6483,
These general terms and conditions comply with the Consumer Purchase Act (2022:260) as the purchase relates to the purchase of products from MagicPool and the purchase is only associated with certain minor installation measures from MagicPool and then only as part of MagicPool’s fulfillment of the delivery of the products.
1 The parties
These general terms and conditions apply to all purchase agreements of swimming pools, hot tubs, etc. and associated products between Exclusive pools & parts Nordic AB, org. no. 559453-6483 (hereinafter referred to as “MagicPool”) and private individuals over the age of 18, or legal entities, as customers (hereinafter referred to as “customer / customer”). In the following, the customer and MagicPool are referred to together as “the parties” and individually as “party”. If the purchase between the parties has been brokered or otherwise instructed by a partner of MagicPool, the customer also declares that he is aware that any partner of MagicPool is always a completely independent and autonomous legal entity which is in no way entitled to bind MagicPool by agreement or special conditions against the customer. Instead, only the final agreement between MagicPool and the customer constitutes the complete agreement of the parties.
2 Quotation
A quotation issued by MagicPool is always based on these general terms and conditions and is always given provisionally by MagicPool and binding only on condition that it is based on accurate and complete information from the customer and/or partner to MagicPool and never for more than one month from the date of the quotation, unless otherwise stated in the quotation. MagicPool is also entitled to adjust the prices stated in the quotation based on such currency changes that have occurred after the quotation was submitted. The customer also grants MagicPool the right to carry out a credit check on the customer and in the event that the customer has payment remarks, or for any other reason it appears that there is a risk that the customer will not pay for MagicPool’s commitments, MagicPool has the right to withdraw the offer without liability to the customer. If the offered product runs out of MagicPool’s supplier’s stock or ceases to be available in the range, MagicPool is also always entitled to withdraw the offer. Furthermore, a fully binding agreement for the parties never arises before written order confirmation is issued from MagicPool to the customer.
3 Agreements
After the customer’s signature or other form of order, such as electronic signature or order via MagicPool’s website or e-mail, the customer becomes bound. Binding for MagicPool then arises when order confirmation, or other written or electronic confirmation has been made from MagicPool to the customer. Such order confirmation is then valid if it is issued by an authorized representative of MagicPool. If the customer’s confirmation of the agreement differs from the offer, through additions, changes or reservations, the customer’s confirmation should always be seen only as a new order request for MagicPool to accept or reject. If the customer considers that the order confirmation from MagicPool does not correspond with the order, or contains other errors or discrepancies, it is the customer’s responsibility to inform MagicPool of this fact without delay, in order to avoid a binding agreement being concluded in accordance with the order confirmation from MagicPool. After the parties have entered into an agreement, the agreement between the customer and MagicPool is then valid in accordance with the contractual documents set out in the order confirmation and in these general terms and conditions (hereinafter jointly referred to as the “Agreement”). The parties’ contractual relationship is also subject to other regulations or instructions, such as MagicPool’s installation instructions, maintenance instructions and any special warranty provisions. As a supplementary regulation to the Agreement, the Consumer Purchase Act (2022:260) shall then apply in applicable parts and as far as delivery and installation of products are concerned. In the parties’ contractual relationship, the Consumer Credit Act (2010:1846) and other possibly applicable provisions in other mandatory legislation are also complied with where applicable. If there are deviations from legal regulations in the Agreement, however, the Agreement shall always take precedence in application, unless the relevant legal rules are mandatory in the customer’s favor.
4 Right of withdrawal
MagicPool takes into account the law (2005:59) on distance contracts and contracts outside business premises. The customer has the right to cancel the purchase in accordance with the said law, which is done to MagicPool by mail or e-mail. The notice must be given in writing by the customer and must clearly state that the customer wishes to withdraw from the purchase under the Agreement. A standard form for exercising the right of withdrawal can be found on the Swedish Consumer Agency’s website: www.konsumentverket.se and is also attached to the Agreement. The written notice must be handed over or sent to MagicPool within fourteen (14) days from the date specified in Chapter 2, Section 12 of the above law (the withdrawal period). The Customer hereby acknowledges and agrees that the withdrawal period is a maximum of fourteen (14) days from the date of the Customer’s order, as the agreement relates to goods that will be specifically ordered and manufactured for the Customer. If the Customer exercises its right of withdrawal, MagicPool will reimburse the amount to which the Customer is entitled, at the latest within fourteen (14) days from the date on which MagicPool received the Customer’s notification of the cancellation of the Contract, provided that the Customer has returned any products. The customer’s return is at the customer’s own expense and if the customer exercises his right of withdrawal, the customer should contact MagicPool as soon as possible for consultation on how any products should be returned. If products are assembled or otherwise inserted by the customer, and the customer wants to have the products disassembled to avoid payment liability, the customer must pay for the cost of disassembling the products and is responsible for ensuring that the disassembly is done correctly, whereby the disassembly should be done by an appropriate operator or by MagicPool, then against compensation for the current cost. For further information about the statutory right of withdrawal, the customer is referred to the Distance Contracts and Contracts Outside Business Premises Act (2005:59) and the Swedish Consumer Agency’s website at the above web address.
5 The price
MagicPool normally applies a fixed price for the customer’s purchase, subject to price adjustments under the Agreement. However, if MagicPool has stated a price in a currency other than SEK, MagicPool is entitled to adjust the customer’s price as a result of currency changes in relation to SEK. If MagicPool has quoted a price in SEK, but the customer is to pay in another currency, payment will be made on the basis of the exchange rate applicable on the date of payment. The price given by MagicPool is also based on the customer’s and any partner’s description of the conditions and the required materials, etc., whereby the customer is strictly responsible for the information and instructions given and for the additional costs arising from incorrect information from the customer and/or partner. Work, products or materials that are not expressly stated in the Agreement are never included in MagicPool’s commitment or price. If the price does not follow the Agreement, the customer must instead compensate MagicPool according to the law and then according to what is reasonable.
6 Payment
Unless otherwise agreed, MagicPool is entitled to invoice the customer for a down payment of 25 percent of the order value immediately after the Agreement is concluded and the customer undertakes to pay the down payment invoice within 10 days of the invoice being issued. Thereafter, MagicPool is entitled to issue a partial invoice for 25 percent of the order value before the start of production, whereby the customer undertakes to pay such a partial invoice within 10 days of the issue of the invoice, and with a partial invoice for 35 percent before delivery is made to the customer, whereby the customer undertakes to pay such a partial invoice within 10 days of the issue of the invoice. Final payment of the remaining 15 percent will then be made against a final invoice after delivery with associated measures, whereby payment must be made within 10 days of the final invoice being issued. MagicPool can also offer the customer other payment solutions, such as payment via Swish, but even then always against invoice. In the event of late payment, MagicPool is entitled to compensation for reminder fees and statutory default interest.
7 The product and suspension of delivery
The customer declares that it is aware that MagicPool draws up drawings for, and has products manufactured exclusively, uniquely and specifically for the customer as a result of the customer’s purchase. MagicPool hereby sells a unique product and technology, which enables the installation of submersible pools and other types of pools and spas with accessories, according to MagicPool’s concept (hereinafter the “Product”). If MagicPool’s delivery of the Product or work based on the Agreement is interrupted for reasons attributable to the customer, such as, for example, as a result of the customer’s cancellation or as a result of substandard existing installations at the customer, MagicPool is therefore always entitled, after expiry of any withdrawal period, to compensation from the customer for the Product and for costs already incurred and the cost of dismantling. This right then means that MagicPool is always entitled to benefit from the compensation under the Agreement that was invoiced to the customer at the time of discontinuation, as compensation for the discontinuation and the damage caused to MagicPool. If MagicPool’s costs and / or damage amount to a higher amount than what was invoiced to the customer at the time, MagicPool also has the right to additionally invoice the customer for this.
8 Access
The customer must allow MagicPool the necessary access to the area at the delivery address for delivery and any installation work. In addition, MagicPool is entitled to access to roads and other necessary facilities and resources and the Customer must, prior to delivery, have moved any building materials and other potentially obstructive property, to enable delivery and installation to be fully carried out by MagicPool without hindrance. The customer also undertakes to provide MagicPool with the right to use the delivery address’s electricity, water and sewage free of charge.
9 Times and time extensions
Unless otherwise stated in writing in the Agreement, MagicPool does not commit to a specific start or end time for delivery and/or installation measures. Estimated and provisional times in the quotation/Agreement never constitute a binding commitment of time from MagicPool. MagicPool’s commitments are instead made by agreement with the customer and MagicPool cannot be held responsible for delay, provided that MagicPool performs its commitment within what may be considered a reasonable time based on the nature and scope of the commitment and prevailing conditions. If MagicPool has promised a specific and clear time in writing in the Agreement, MagicPool is however liable for this time and must then have completed its assignment within the prescribed time, unless there is a delay caused by obstacles beyond MagicPool’s control, such as a subcontractor’s delay, or a delay in the customer’s own commitments. However, if a delay occurs or is expected to occur, it is MagicPool’s responsibility to inform the customer of this. Similarly, it is the customer’s responsibility to inform MagicPool in the event that the customer becomes aware that a delay is likely to occur. If this does not happen, the customer is otherwise responsible for any additional costs incurred by MagicPool.
10 Delivery and unloading
MagicPool will notify the customer, itself or via the carrier, of delivery. Any change in the time of delivery must be notified by the customer at least fourteen (14) working days before the agreed time and must be notified in writing to MagicPool with a reference to the order number. If this is not done, the customer is obliged to compensate MagicPool for any additional costs resulting from the late notification of the change. On delivery, it is always the customer’s responsibility at the time of delivery to have arranged for the crane required to move the Product and to lift it directly to the intended location at the customer’s delivery address. In addition, the customer shall provide an unloading point for trucks where the carrier can be present for subsequent unloading/lifting by the crane/crane truck arranged by the customer. The customer is strictly responsible in relation to MagicPool for ensuring that all these conditions are met in connection with the delivery of MagicPool. In addition, the customer is also responsible for ensuring that the location of the Product at this time is fully prepared and completed in accordance with the installation instructions issued by MagicPool at any given time, including that the placement surface is completed according to the instructions. If the customer does not provide MagicPool with a suitable and ready unloading point where the products can be unloaded using the means arranged by the customer for this purpose, and if this means that unloading cannot take place, the customer is obliged to compensate MagicPool for the additional costs incurred by MagicPool as a result of this, such as storage costs and the cost of a new delivery to the customer. Upon delivery and immediately thereafter, it is also the customer’s responsibility to go through the Product and any associated shipments and assess any damage, as well as photo/video document the presence of damage. If transport damage is suspected, such damage must be primarily and immediately reported directly to the carrier, and also in writing to MagicPool as soon as possible and within a reasonable time, but no later than five (5) days after the damage is discovered.
11 Protection and storage of the delivery
After delivery, the customer is responsible for and bears the risk for the Product and other parts of the delivery. The customer must strictly follow the instructions issued by MagicPool regarding storage and care of the Product, etc. After unloading, the customer must ensure that the Product is protected from the weather, theft, damage and other similar circumstances, pending MagicPool’s possible installation measures, if ordered by the customer. This means, among other things, that the customer must ensure that the product is never exposed to frost or an environment colder than five degrees Celsius, or heavy rain or wind. The customer is also responsible for any damage, loss or other costs incurred on the delivery from MagicPool as a result of the customer’s failure to protect and monitor the delivery pending possible installation, under its own or MagicPool’s direction.
12 Installation works
If MagicPool has undertaken to carry out installation work, MagicPool will carry out its undertaking in a professional manner. However, the customer is strictly responsible for ensuring that these installation works are prepared in such a way that MagicPool can carry out the installation works without hindrance. This means, among other things, that the customer, under his own or another’s direction and prior to installation, must have carried out the necessary drilling and enabled MagicPool’s installation in all other ways as shown in the installation instructions provided by MagicPool at any time. In addition, it is the customer’s responsibility, in connection with MagicPool’s installation, to provide such other professionals as are required for the successive filling of water in the Product, as well as the successive backfilling of filling materials, etc. If this is not done, the Customer is strictly liable for the additional costs incurred and the measures and delay caused to MagicPool. However, MagicPool must, for its part, take due care of the customer’s interests during installation and consult with the customer to the extent necessary and possible; for example, if during the installation it turns out that the product or installation is not of reasonable benefit to the customer, if existing installations are not professional, or if the costs of the necessary additional work are unreasonably high. MagicPool is never responsible for work or products supplied or installed by the customer himself, under his own or other direction, nor for existing installations and existing faults, damage or deficiencies, or for storm water or other drainage installations or other relevant systems’ suitability. MagicPool also has the right to suspend and refuse further action, upon discovery of installations that are not professional or violate existing building regulations. In such circumstances, MagicPool must temporarily suspend the work and inform the customer of the situation and request the customer’s further instructions. If the customer cannot be reached, or if the customer does not provide clear instructions to MagicPool within a reasonable time, the work must be finally suspended. However, this does not apply if there are special reasons to assume that the customer wishes to have the necessary work carried out, or if there is a risk of damage if the necessary measures are not carried out, in which case MagicPool is entitled to carry out the necessary and reasonable measures at the customer’s expense, whereby the customer undertakes to compensate MagicPool for these. If MagicPool interrupts a work in progress on the basis of these provisions, MagicPool is always entitled to compensation for measures already carried out and also for additional work or other costs as a result of the situation which has arisen. If provisional measures are required during or after the completion of the work, MagicPool can carry these out by special agreement. However, if such measures are taken, they must always be regarded as deviations approved and desired by the customer from the otherwise general requirement for MagicPool to be professional.
13 Alterations and additions
MagicPool is always entitled to compensation for alterations and additional work (hereinafter ‘ÄTA work’). ÄTA work is agreed separately between MagicPool and the customer, as soon as possible when the need is discovered. The customer’s order for execution does not have to be in writing, although the parties agree that written documentation should be made if possible. Confirmation by text message, email, or signed note or similar, shall also always be considered a written agreement. If there is no special price agreement, MagicPool’s performance of ÄTA work on current account according to the price list applied by MagicPool at any given time. If, in connection with MagicPool’s performance, a need for ÄTA work arises which is required for MagicPool to be able to continue its work, or there is a risk that the work will have to be completely interrupted, MagicPool is entitled to request a message from the customer and, pending the message, suspend further work. In some cases, however, MagicPool may instead, at the Customer’s expense, carry out ÄTA work even without first obtaining the Customer’s notification, as required by law.
14 Final review
Normally, there is no formalized final review of MagicPool’s delivery or performance. Instead, if the customer so wishes and participates, a final review with the customer takes place upon completion, after which the customer in that case signs an approval. All faults, defects and any disagreements, as well as any claims of the parties regarding faults and defects or otherwise, are recorded in the acceptance document. If MagicPool or the customer so requests, after the final inspection or instead of the final inspection, a formalized final inspection will take place, in which case this will take place at the requesting party’s expense and by an inspector approved by both parties, who is preferably authorized. If a final inspection takes place, MagicPool’s assignment is considered completed if delivery and execution are approved at the final inspection. If there is no final review or final inspection, or approval is not signed by the customer, MagicPool’s commitments are otherwise considered completed when MagicPool has established itself from the delivery address.
15 Functional control
After MagicPool’s commitments have been completed, it is the customer’s responsibility to use the relevant installations as soon as possible in order to check the functionality of the Product with associated components and installations. The customer is obliged to check the tightness of the Product and the filtration system within three (3) days of completion of the installation. The Customer’s leak check shall then be carried out by filling the Product (pool) with water, activating the filtration system and all accessories and then observing whether the Product/pool and the entire hydraulic and filtration system are tight. The whole process shall be performed once and then observation shall be done for at least three (3) consecutive days, after the system has been filled with water. In the event of leakage or damage, this must be documented with video and pictures of the leakage, which must then be sent to MagicPool without delay. The Customer must also comply with all MagicPool’s installation, user and maintenance instructions. It is noted in particular that the Product/pool and the water in it must never be allowed to reach a temperature lower than five degrees Celsius.
16 Final function of the product
The Customer acknowledges that MagicPool’s design and sale of the Product, and any associated installation work, is always based solely on estimates of the calculation of its power, flow analysis and heat capacity of the Product/pool, finalized at the Customer’s site. The Customer therefore releases MagicPool from responsibility for the fact that the final design and installation at the Customer’s premises, even with the involvement of designers/installers other than MagicPool, will always normally involve deviations from such estimates of the Product’s performance, etc. which were made prior to the order and which may have formed the basis of the Agreement. Furthermore, the Customer is informed that the Product is made of plastic material, which means that thermal expansion and contraction occur with temperature changes. This may cause minor movements in the pool floor. Consequently, the pattern formation in the floor surface as well as the grazing on the pool and steps may change to some extent over time and temperature. In addition, any air pockets under the pool floor may be affected by the temperature of the water, which may require adjustment before each spring when the pool is normally put into operation. The customer is responsible for ensuring that such adjustments are made in accordance with current recommendations.
17 Guarantees
MagicPool is liable for defects in the Product under applicable consumer law. In addition to this, MagicPool is responsible for any special guarantees given by MagicPool, possibly in connection with an order, in a separately issued guarantee document, which is then to be regarded as an appendix to the Agreement. However, the Customer declares that he is aware that MagicPool’s warranty liability is subject to conditions and regulations concerning care and maintenance. In this respect, MagicPool is never liable for any damage, leakage, flooding or other faults or damage caused by the Customer’s failure to comply with the instructions contained in MagicPool’s installation, user and maintenance instructions, or as a result of external influences beyond MagicPool’s control; for example, if the backfilling of masses has been carried out carelessly or if subsidence or other damage occurs due to the fact that surrounding structures have had a negative impact on the installation of the Product, or if the construction process around the Product has caused damage to the Product. All MagicPool’s liability for defects or warranty is also excluded in cases where the customer has not taken the prescribed and required winter shutdown of the Product or if the start-up for the season has not taken place in the prescribed manner. MagicPool is also not responsible for any additional or special guarantees issued by the underlying manufacturers and/or suppliers of the Product and associated components, beyond what is stated in any special guarantee certificate issued by MagicPool. In the event that such a special guarantee is issued, or guarantee certificates or other documents with representations from MagicPool’s underlying parties are issued – only the issuer is therefore responsible for these possible representations and/or guarantees in relation to the customer. However, such representations are a possible benefit that the underlying party in that case grants to the customer and which never limits the customer’s right to invoke consumer protection legislation with reference to MagicPool’s liability for defects. MagicPool may also in some cases assist the customer in corresponding with the underlying actor in warranty matters. In such cases, however, MagicPool also reserves the right to forward pictures, films and other documentation from the customer in the current warranty case.
18 Complaints and limitation periods
If the customer discovers faults, deficiencies or damage which the customer wishes to invoke under MagicPool’s liability for faults and/or warranty, it is the customer’s responsibility to inform MagicPool in writing immediately, but no later than fourteen (14) days after discovery. Complaints must be made in writing to MagicPool via a special “contact form” or by e-mail. The customer’s right of complaint for the products runs for a maximum of (3) three years from the time the customer has received the products, see the Consumer Purchase Act (2022: 260). If the customer complains about defects for which MagicPool is not responsible under the Agreement, the customer is responsible for the costs incurred by MagicPool as a result of the complaint, including any troubleshooting and investigation costs.
19 Penalties for defects or warranty liability
If there is a delay or error on the part of MagicPool in relation to the customer, or if there is a guarantee liability for MagicPool, the customer can demand rectification, primarily in the form of rectification of the error in an appropriate manner and within a reasonable time; such as rectification of errors or replacement and redelivery of the product in accordance with what follows from the Consumer Purchase Act (2022:260). Regarding the customer’s right to cancel the purchase in the event of a defect or delay, and to any damages, reference is made to the same law. However, the customer is not entitled to any compensation other than that which follows from the applicable legislation, due to defects or canceled purchase (see also point 19 below). In cases where the product is defective, MagicPool will repair the product in the first instance. In the second instance, MagicPool will otherwise provide compensation in proportion to the defect. In the third instance, the product is replaced with a new one. If the product is replaced with a new one, any reasonable deductions for use may be made. In order for the customer to be entitled to measures after a complaint, the defect must not derive from anything other than an original manufacturing defect. Defects resulting from normal wear and tear, or damage or defects caused by the customer or others for whom the customer is responsible and which are beyond MagicPool’s control, do not give rise to any liability for MagicPool.
20 Indemnities and disclaimers
In accordance with the provisions of the Consumer Sales Act (2022:260), the customer is entitled to compensation for damage. However, the parties have specifically agreed that MagicPool’s liability for damages shall never include loss of business, operating losses, or for loss of profit, production losses, losses as a result of failure or breach of contract with third parties or other similar indirect damages. It is also the responsibility of the customer to take measures to limit the effects of any damage as far as possible. MagicPool is also not liable for damage or loss incurred by the customer due to improper storage, or maintenance and care of the products or assembly performed by the customer, or for improper use or use in violation of the Agreement, law, instructions or instructions.
21 Customer’s use of the Product and disclaimer
The Customer declares that it is aware that certain MagicPool Products have mechanical properties which, when moved, entail a risk of, inter alia, personal injury or damage to property. In this respect, it is the Customer’s responsibility never to allow any person, animal or thing to be in or around the Product in connection with the use of the Product’s mechanical properties, such as when raising or lowering the Product’s floor. The Customer also releases MagicPool from all liability for personal injury, animal or property damage resulting from the Customer’s failure to ensure that the use of the Product’s mechanical properties is carried out in a manner that is risk-free for these and the surroundings. The Customer also declares that it is aware that all use of the Product’s inspection/dive hatch is entirely at its own risk and undertakes to ensure that cleaning or other use of the Product only takes place after disconnection of the Product’s mechanical properties and only by an authorized person or professional who is knowledgeable for the purpose. The customer also releases MagicPool from all liability for personal injury or property damage arising from breach of the customer’s obligations under this provision.
Disclaimer regarding water quality in the pool or spa It is the customer’s responsibility to ensure that the water levels in the pool or spa are maintained within the recommended ranges to ensure proper operation, extend product life and maintain warranty terms. Applies regardless of dosing method, automatic or self-dosing. With an automatic dosing system, the frequency of maintenance may be slightly reduced, but manual checks of the water value and the functioning of the system should still be done at regular intervals. The customer is responsible for regularly checking and adjusting the following water parameters: pH value: Recommended range 7.2-7.6. Chlorine content: Recommended range 1-3 ppm (parts per million). Alkanity: Recommended range 80-120 ppm. Calcium hardness: Recommended range 150-250 ppm (depending on product and water quality. The customer undertakes to follow the instructions provided and to use pool and spa chemicals in accordance with current recommendations. MagicPool is not responsible for damages resulting from: 1. Lack of maintenance of water quality. 2. Overdosing of improper use of chemicals. 3. Failure to check and adjust water values in accordance with recommendations. Any warranty claims arising from damage related to incorrect water values will be assessed on the basis of whether the water balance has been maintained in accordance with the above specifications. This applies from the date of delivery.
22 Force majeure
MagicPool is not liable to the Customer if MagicPool’s performance is hindered by more serious incidents such as, but not limited to, fire, war, military operations, pandemic or measures taken by the authorities as a result of such a condition, riots, strikes, lockouts, natural disasters, including lightning and floods, major interruptions or disruptions in technical systems or IT systems that MagicPool could not have avoided or coped with, without unreasonable costs, or that MagicPool could not have foreseen when the Agreement was concluded.
23 Reservation of title
All installed or non-installed material delivered by MagicPool to the customer is always MagicPool’s property with full right of separation; until the order sum and additional costs have been paid in full by the customer.
24 Insurance
MagicPool undertakes to take out and maintain liability insurance and all-risk insurance for damage under the Agreement with the customer. For its part, the customer undertakes to ensure that insurance cover is in place for potential damage events for which the customer is responsible under the Agreement, such as theft of goods or lifting with a crane.
25 Personal data and reference
MagicPool is entitled to process personal data relating to the customer, including for marketing purposes for its own or other purposes. In its processing of personal data, MagicPool complies with the applicable data protection legislation (GDPR). The customer approves and agrees that MagicPool obtains the rights necessary for MagicPool to process the personal data and keep the records required to fulfill its obligations to the customer and for the above purpose and to make invoicing, etc. MagicPool has the right to freely use the customer’s project and images from it as a customer reference in its marketing, in the event that the customer does not object in writing before the Agreement is concluded.
26 Sales to commercial operators
If the customer under the Agreement is a legal entity, the Agreement shall, instead of what is stated above, be fully and completely regulated in accordance with the terms of the Agreement, after which, however, the Sale of Goods Act (1990:931) shall apply as supplementary regulation and in applicable parts and as far as delivery and installation of products are concerned. If there are deviations from the statutory regulations in the Agreement, however, the Agreement shall always take precedence in application. In addition, ABM 07 – General Terms and Conditions for the Purchase of Goods for Professional Construction Activities, shall apply where necessary.
27 Customer contact
Contact from the Customer to MagicPool under the Agreement must be made in writing to: info@MagicPool.se.
28 Amendments/additions to the Agreement and notices etc.
Amendments and/or additions to the Agreement or other contractual documents must always be made in writing to be valid between the parties, with the exception of what follows regarding ÄTA work and the additional right to compensation for MagicPool as above. Confirmation by text message, email, or signed note or similar, shall always be considered to fulfill the requirement of written form, when MagicPool has notified the customer of the need/occurrence of ÄTA work, obstacles or other essential data or information. It is also the customer’s responsibility to respond to a message from MagicPool, in the event that the customer does not share MagicPool’s opinion in the message. If the customer shares a household with another adult person, such adult person shall be entitled to enter into a binding agreement on behalf of the customer, unless otherwise specified by the customer before the Agreement is concluded.
29 Disputes etc.
The Agreement shall be governed by Swedish law and any dispute regarding the Agreement shall be heard by a Swedish general court. It is also possible for the customer to have any dispute reviewed by the General Complaints Board (ARN). The customer can also receive advice from the municipality’s consumer advisor.
Guarantees
Guarantee 1.
1.1 The PP panel used has a 10-year warranty.
1.2 In the case of UV in the PP panel, there is a guarantee on color fastness of 10 years with a 30% reduction on color fastness after 10 years.
1.3 The warranty for the welded construction has a warranty period of 10 years. This warranty is void if third parties have worked on the product without the supplier’s authorization.
1.4 If the product is found to have been used for a purpose other than that for which it was supplied and which is described in the instructions for use, no warranty applies.
1.5 The warranty on the pipes mounted on the products has a warranty of 3 years (does not apply to freeze damage)
1.6 Devices and other parts have a warranty from their supplier. Each product supplied includes instruction leaflets for the parts or units used, which describe the warranty.
1.7 The pool motor has a 5-year warranty.
Warranty 2. installation
2.1 The customer must follow the supplier’s instructions for each product. Failure to follow these points will invalidate the product warranty.
2.2 Customer must engage and ensure the presence of a competent person when placing and installing the product, Customer shall also draw up a report and take photographs before and during installation, in particular:
Pictures of the surface on which the product is to be placed.
Pictures of the product when it is delivered.
Pictures of lifting/placing the product.
Pictures when the product has been placed and installed correctly.
Pictures of the surface being flat/smooth and level where the product is to be placed.
2.3 During the process of filling the pool with water and the backfilling around it, a knowledgeable person hired by the customer with relevant expertise shall be present and follow the supplier’s instructions. The customer or this person shall draw up a report and take photos before and during placement/installation, in particular:
Photos of walls when filled with water and filling on the outside, preferably with Thermotec (EPS concrete) or concrete granules 0-4mm, stone flour, dry mortar or other suitable material. Backfilling all around with concrete is not recommended by the supplier.
Pictures of the straightness of the wall with a spirit level when the pool filling is half done.
Photos of the pool when it is completely filled and the backfilling all around is finished, where it is clearly visible that the walls are straight, before the floor is loosened for tiling around the pool (tiling is done by an external party).
To maintain full warranties, it is important that all steps in this and the installation guide are followed correctly and that you have read the general conditions.
Warranty void if the product has been exposed to frost & freeze damage.
Paying close attention to water quality can prevent problems such as bacterial growth and prevent corrosion or damage to pool equipment.
If you do not wish to place responsibility on the water value according to §21 paragraph 2, we recommend that you contact us to maintain a service agreement. Where the water value is checked at regular intervals.