Jacuzzi PRICE LIST PREISLISTE SPA J-200 Quick Start Manual page 10

Art. 1 General provisions
1.1. The current general terms, except for any exceptions specifically agreed in writing, enforce all current and
future sales contracts between parties.
Art. 2 Formation and purpose of the contract
2.1. Jacuzzi Europe S.p.A. is committed to each order only after its acceptance in writing. Acceptance of the order
by Jacuzzi Europe S.p.A. can also lead to its execution.
Art. 3 Delivery
3.1. Except for other written agreement, delivery is "Ex-works" Valvasone (Pn) – Italy. If the purchaser (retailer)
does not provide for collection of goods, Jacuzzi Europe S.p.A. will have the right to entrust a reliable carrier with
transport. In the event of non-collection the purchaser (retailer) will be bound to pay stock expenses.
3.2. The delivery terms agreed are indicative. In the event of delays, the purchaser (retailer), therefore, will not
be able to forward any claim for compensation for damages.
Art. 4 Packaging
4.1. The packaging of appliances conforms to international transport norms carried out by land using motor
vehicles. Non-standard packaging will entail an extra charge and will be agreed at the time of order.
Art. 5 Cancellation of orders
5.1. The purchaser's (retailer's) order constitutes a firm purchasing proposal. No order can be cancelled without
the written consent of Jacuzzi Europe S.p.A. In the event of cancellation of orders, Jacuzzi Europe S.p.A. also
reserves the right to demand compensation for damages.
Art. 6 Design – Technical data
6.1. Jacuzzi Europe S.p.A. reserves the right to stop, without warning, the manufacture of any model and to alter
models during production, with no obligation to carry out the same modifications to previously sold products.
6.2. The data and features in the Jacuzzi Europe S.p.A. technical and publicity documentation (catalogues, hand-
books, publicity brochures, illustrations, price lists) are subject to modifications and are not binding.
Art. 7 Prices
7.1. Prices, excluding VAT, are those stated on the price lists in force at the time of ordering and refer to goods
with delivery "Ex- works" Valvasone (Pn) – Italy, unless otherwise agreed.
7.2. Prices, quotations and discounts are subject to variation without the obligation of forewarning on the part
of Jacuzzi Europe S.p.A.
7.3. All orders received after modification of price lists, as well as planned consignments after thirty days from
notification of the variation, are subject to the new prices.
Art. 8 Payment
8.1. Payment of goods is considered validly made only when Jacuzzi Europe S.p.A. has been credited with the
relative amounts.
8.2. Any delay or irregularity in payment gives Jacuzzi Europe S.p.A. the right to suspend supplies or to annul
current contracts, even if they do not pertain to the payments in question, and also the right to compensation
for any damage (including that related to currency devaluation). Jacuzzi Europe S.p.A. has the right in each case
– starting from the expiry date of payment, without the need of a default action – to legal interest, which will
be increased by 5 (five) points.
8.3. The purchaser (retailer) is bound to full payment also in the event of dispute or controversy. Compensation
with possible credit claims from Jacuzzi Europe S.p.A. is not permitted without written authorization.
8.4. In the event of non-payment, even if only partial, Jacuzzi Europe S.p.A. has the right – at its discretion – to
demand from the purchaser (retailer) payment of the full sum stated in the contract or to declare the contract
null and void, with the right to obtain the return of the delivered goods and to withhold, as compensation for
damages, the amounts collected up to that moment, except for any other action for greater damage.
Art. 9 Property reservation
9.1. In the event that full or part payment must be made after delivery, the delivered products remain the
property of Jacuzzi Europe S.p.A. until the moment of full payment of the price, according to the provisions of
art. 1523 of the Civil Code.
9.2. As provided by the aforesaid property reservation, Jacuzzi Europe S.p.A. will have the right to proceed
with the collection of any unpaid goods; in which case all related costs will be at the expense of the purchaser
(retailer) and Jacuzzi Europe S.p.A. will be able to withhold any amounts already collected as compensation
for damage. If the purchaser (retailer) has resold the goods to third parties, the rights laid claim to by Jacuzzi
Europe S.p.A., as provided in the present clause, will refer to the price obtained from the sale of the same goods.
Art. 10 Circumstances beyond control and excessive onerousness
10.1. Events constituting cases of exemption from responsibility are fires, collapse, floods, non-delivery of sup-
plies, transport difficulties, strikes, closures or other events due to circumstances beyond control, which impede
or considerably reduce production by Jacuzzi Europe S.p.A. or its suppliers, or seriously hinder transport of the
sold goods. Annulment of the contract and also the provision of other solutions that are different from the claim
for compensation for damages, are only permitted for impediments that continue for at least 60 days.
10.2. If the fulfilment of obligations, before their execution, by Jacuzzi Europe S.p.A. is considered excessively on-
erous, for any unexpected reason by a trader with normal experience in this sector – with regard to the original
agreement thus altering the ratio itself by 20% or more – Jacuzzi Europe S.p.A. will be able to request a review
of contractual terms or, in the event of non-agreement, declare the contract null and void.
Art. 11 Claims
11.1. The purchaser (retailer) is bound to declare any damage to the product, or non-conformity in delivery
that could be discovered when in possession of the goods, in specific detail in writing otherwise the claim will
be null and void. This must be within and no more than 8 days from the time the goods were made available.
11.2. Any defects in conformity that are not identified following a check of the goods as in paragraph 11.1 must
be declared by the purchaser, or will be null and void, not later than the time provided by law. This starts from
the moment the goods themselves were made available to the purchaser.
Art. 12 Warranty
12.1. In accordance with the contents of its Conventional Warranty Conditions, Jacuzzi Europe S.p.A. guarantees,
all "Jacuzzi ® " branded products or those marketed by Jacuzzi Europe S.p.A. through the network of Jacuzzi
branded distributors (hereafter the "Products") purchased, installed and used within the countries of the Euro-
pean Union for domestic purposes, unrelated to the business/professional activity carried out by the consumer,
against conformity defects.
The Conventional Warranty applies only in the European Union country in which the purchase of the Products
by the retailer is made (hereinafter the "Country of Purchase"). Products installed in a country other than the
country of purchase are not covered by the Conventional Warranty.
For products purchased or used outside the European Union, the burden of the warranty and the consequent
interventions necessary to eliminate any lack of conformity of the equipment will be at the full and exclusive
expense of the purchaser (retailer), that shall therefore set up its own technical assistance organisation, unless
otherwise agreed in writing with Jacuzzi Europe S.p.A.
Moreover, the Conventional Warranty does not apply if the regulations of the country of purchase require the
Products also, to comply with different and/or more restrictive regulatory requirements than those prescribed
by EU regulations and can be applied only on condition that Jacuzzi Europe S.p.A. has an authorised technical
service centre in the "Country of purchase".
The data and characteristics indicated are not binding for Jacuzzi Europe Spa, who has the right to modify them without prior notice.
10 JACUZZI® J-200™ PRICE LIST • PREISLISTE 15.01.2024
GENERAL TERMS OF SALE
These sale conditions cancel and replace all previous ones
The warranty, which starts from the date of delivery of the product to the end user, is intended to be valid
only upon payment of the total price of the equipment, provided that the intervention is carried out by Jacuzzi
Europe S.p.A. authorised technicians and is valid for a period of: a) twelve (12) months, for products exhibited
in commercial premises, trade fairs, showrooms or other commercial/promotional events, with the exception
of damage caused directly and/or indirectly to the product by its prolonged exposure or by its transportation/
disassembly/reassembly from one place of exhibition to another; b) twenty-four (24) months, for products other
than those indicated in paragraph a). This warranty does not cover products the production of which has been
discontinued for longer than twenty-four (24) months or which have become obsolete, meaning products from
Jacuzzi Europe S.p.A. purchased more than sixty (60) months after the date of manufacture. Jacuzzi Europe S.p.A.
reserves the right to verify whether the product is covered by this warranty.
12.2. The warranty is only valid if the installation and connection of the product to the electricity and water
networks were performed by meticulously following the instructions and provisions contained in the Jacuzzi
Europe S.p.A. user instruction manual and/or other equivalent documentation which includes product installa-
tion, usage and maintenance instructions, (hereinafter, "Jacuzzi Documentation"). If the product is located in sites
which are difficult to reach on ordinary roads (e.g. in mountain areas or on minor islands), or if it was installed in
a site which is not easily accessible and/or was installed in combination with premium materials, all costs (labour
and material costs, including disassembly/reassembly, removal and relocation of the product and its components)
shall be borne entirely by the purchaser (retailer), where responsible, or by the consumer; in no case shall Jacuzzi
Europe S.p.A. be liable for such additional costs. The warranty expires if the product components or other parts
are modified with respect to their original supply conditions.
12.3. The equipment shall not be replaced, either totally or partially (with the same product or with another
product having similar characteristics) if this is objectively impossible or excessively expensive compared to
the repair, or if it involves unreasonable expenses for Jacuzzi Europe S.p.A. compared to its repair, taking into
account the value that the product would have if it were free from manufacturing defect, the extent of the
defect, the possibility that the alternative remedy can be implemented without significant inconvenience to the
end user. If during the period of validity of this warranty, the authorised technical personnel of Jacuzzi Europe
S.p.A. ascertains a manufacturing defect of the product existing at the time of delivery and Jacuzzi Europe S.p.A.
authorises return in advance, the latter will refund the buyer (retailer) the price of the product, as indicated in
the sales invoice issued to the latter by Jacuzzi Europe S.p.A.
12.4. The warranty applies exclusively to non-conformities deriving from causes not attributable to Jacuzzi
Europe S.p.A., such as, for example: incorrect periodic product maintenance and/or lack of diligence in per-
forming the same; improper use of the product or which does not conform to the instructions in the Jacuzzi
Documentation or which are in violation of the technical and/or safety measures required in the country of use,
the laws, regulations and customs applicable therein; wrong and/or incorrect connection and/or setting of the
product parameters; use of non-original spare parts; transport damages not reported within the legal terms or
caused by transporters not authorised by Jacuzzi Europe S.p.A.; inefficiencies or anomalies of electrical or water
systems; malfunctioning due to interference, bad or no reception of radio-frequency signals; malfunctioning of
the product or parts of it caused by the use of different temperatures or pressures from those detailed in the
Jacuzzi Documentation; anomalies of any kind not attributable to product manufacturing defects.
12.5. During the period of validity of this warranty, the network of Jacuzzi Europe S.p.A. Service Centres is
authorised by the purchaser (retailer) to provide the warranty to the end user, even if the request is received
from the user directly or via an intermediary. It is however understood that the purchaser (retailer) is directly
responsible towards the end user for ascertained lack of product conformity, as required by law. The warranty is
void if the end user or a delegate thereof does not allow the authorised Jacuzzi Europe S.p.A. technical personnel
to perform any reasonable conformity and/or functional verification of the product, or if the products replaced
under warranty are not returned to Jacuzzi Europe S.p.A..
12.6. The following are also not covered by the warranty: damages due to non-use of the product; loss of
profits and damages of any kind, indirect and consequential; damages caused by the use of non-original Jacuzzi
Europe S.p.A. accessories; consumables and parts subject to normal wear and usage due to the use or non-use
of the product; damages caused by exceptional atmospheric phenomena or, nonetheless, not due to the normal
product functioning; damages caused by water type or impurities in the water or from use of unsuitable and/or
non-compliant with the requirements of the Jacuzzi Documentation.
12.7. Performance in accordance with the obligations under this warranty does not extend the original warranty
period. In any case, this is without prejudice to the mandatory legal rights of the end user (consumer). This war-
ranty cannot be suspended or prolonged as a result of non-use of the product. Jacuzzi Europe S.p.A. declines
all liability for any damage that may be caused, directly or indirectly, to people, properties and animals, due to
the failure to comply with all the instructions given in the Jacuzzi Documentation and if the regulations of the
country of purchase require that the Products must comply with different and/or more restrictive regulatory
requirements than those prescribed by the EU regulations as per point 12.1.
12.8. Under penalty of forfeiture of this warranty, the buyer (reseller) is not allowed to store the products for
more than twenty-four (24) months from the date of delivery of the product to the latter. Jacuzzi Europe S.p.A.
reserves the right to exercise the right of recourse against the purchaser (retailer) for any services due and made
under warranty to the end user on such equipment, with full charge of any and all charges relating thereto.
Art. 13 Return of goods
13.1. The return of any materials must be previously authorized by Jacuzzi Europe S.p.A. in writing. Only prod-
ucts with their original packaging can be returned which have not yet been used, and whose model is still being
produced and that were delivered not more than 12 months ago.
13.2. Products, which are not in the catalogue, that have been made according to specifications from the pur-
chaser (retailer) will not be returned.
13.3. The cost of returning goods, to be borne by the purchaser (retailer) who will be charged for re-storage,
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will be a sum not exceeding 25% of the value of the returned goods.
Art. 14 Interpretation – Modifications
14.1. Any reference to Jacuzzi Europe S.p.A. price lists, general terms or other materials refers to the documents
in force at the time of the same reference, unless otherwise specified.
14.2. Except for cases provided for under the current general terms, any modification carried out by parties to
the contracts to which the current general terms apply must be in writing, or will be null and void. The exception
to one or more provisions of the current general terms must not be interpreted extensively, or by analogy, and
does not mean the general terms, as a whole, will cease to apply.
Art. 15 Controversies
15.1. For any controversy related, or connected, to the contracts to which the current terms are applied the
Court of Pordenone has exclusive jurisdiction, also in the event of payment being agreed by means of bills of
exchange.