COMPLAINT HANDLING RULES
These Complaint Handling Rules of the Company: SECTRON s.r.o., with its registered office at Josefa Šavla 1271/12, 709 00 Ostrava – Mariánské Hory, company incorporated in the Commercial Register of the Regional Court in Ostrava, Section C, File 14152, Company ID 64617939
hereinafter, “SECTRON s.r.o.” or the “Seller“
defines, in accordance with the legislation in force and effect as of the date of effect of these Rules, notably Act No. 89/2012 Coll. Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, the scope, conditions and methods of exercising liability for defects and claims arising therefrom. Issues not handled by these Rules are governed by adequate provisions of applicable generally binding legal regulations in force and effect within the Czech legal system. The Buyer shall exercise the Buyer’s rights arising from the liability for defects in accordance with these Rules.
I. Initial provisions
1.1. The Seller shall supply to the Buyer the subject matter of purchase (hereinafter, also the “Goods“) in the agreed quantity, quality and version. The Seller shall package and acquire the Goods in the way agreed or customary for such specific Goods and, as the case may be, transport agreed in the Contract in order to preserve the item and protect it.
1.2. The Buyer shall, as capable, inspect the item as soon as possible after the transfer of the danger of damage to the item, and check its properties and quantity. The danger of damage to the item shall be transferred to the Buyer upon delivery of the Goods to the Buyer. The method and place of delivery arises from the Contract made by and between the Seller and the Buyer or from generally binding legal regulations.
The Buyer shall pay due attention to the check, at least exercising normal attention and if a business entity, then they shall make it so as to identify any and all defects that can be detected by a check made with expert care.
II. The Seller’s liability for defects
2.1. The Seller shall be liable to the Buyer for defects in the Goods that the Goods have at the moment of transfer of the danger of damage to the Seller, even if it is manifested later. The Buyer’s right also applies to defects that occur later and are caused by the Seller’s violation of its duties. If the Buyer is the Consumer, then the item shall be construed as defective already upon acceptance if a defect occurs within six months of acceptance. This article of the Rules is without prejudice to the quality warranty.
2.2. The Seller is liable to the Buyer for any defects in the Goods specified in 2.1 above that consist in that:
– the Goods do not have the properties that the Buyer and the Seller agreed, and if an agreement is absent, such properties that the Seller or Manufacturer described or that the Buyer expected with reference to the nature of the Goods,
– the Goods are not suitable for the purpose stated by the Seller for its use or for which items of this kind are normally used,
– the quality or version of the Goods do not match the agreed sample or model, if the quality or version were determined based on an agreed sample or model,
– the Goods are not of adequate quantity, measure or weight (if it follows from the Goods delivery note that the Seller has delivered a smaller quantity of Goods, the Seller’s liability for damage does not apply to the missing Goods), and
– the Goods do not comply with requirements of generally binding legal regulations.
2.3. The Seller is not liable for defects if:
– the defect in the Goods existed at the time of the Buyer’s acceptance of the Goods and a discount off the purchase price had been agreed due to the defect,
– the Goods are used goods and the defect corresponds to the degree of use or wear that the Goods had when accepted by the Buyer,
– the defect occurred in the Goods due to its wear caused by normal use,
– the defect was caused by the Buyer and occurred due to improper use, storage, improper maintenance, improper installation, unless made by the Seller, an inexpert interference of the Buyer or a third party, or mechanical damage, or if
– the defect occurred as a consequence of an external circumstance beyond the Seller’s influence.
2.4. If the Buyer is a Consumer, then if the Buyer requests so, the Seller shall confirm in writing the scope and duration of the Seller’s obligations in the event of faulty performance. The Seller has liability for faulty performance to at least an extent in which the Manufacturer’s liability for faulty performance lasts. The confirmation shall specify the Seller’s name, registered office and identification data, as well as any other data needed to establish its identity. Unless the nature of the Goods prevents it, the confirmation can be replaced with a bill of Goods purchase that contains said data.
III. Quality warranty
3.1. By providing the quality warranty, the Seller commits itself, beyond its legal obligations arising from its liability for defects in the Goods sold, that the Goods shall be fit for the normal purpose or that they shall retain normal properties for a period specified on its package, in documents enclosed with the Goods or in advertising. The warranty can also be provided for a component of the item.
3.2. If the Seller and the Buyer agree a warranty period different from that identified on the package as the use-by period, the Parties’ arrangement shall take preference.
3.3. The warranty period starts upon the Seller’s handover of the item to the Buyer. The rights arising from the quality warranty shall expire if not duly exercised within the warranty period.
3.4. The Buyer is not entitled to any rights under the warranty if a defect is caused by an external circumstance after the danger of defect to the Goods is transferred to the Buyer. This does not apply if the Seller causes the defect.
3.5. If the Seller has provided a quality warranty beyond its legal obligations, its application shall be governed by these Rules, unless the warranty certificate or the Contract specifies otherwise.
IV. Method of making complaints
4.1. Rights from liability for defects and the quality warranty shall be exercised with the Seller from which the Goods were purchased, without needless delay after the Buyer has identified the defect. If doing so in writing, along with sending in the faulty Goods, the Buyer should enclose its contact details, a description of the defect and a request for the method of handling the complaint. The Seller is not liable for increased scope of defect if the Seller uses the Goods although being aware of the defect. If the Buyer complains to the Seller about a defect legitimately, the period for exercising rights from faulty performance shall be suspended for the time of handling the complaint, during which the Buyer cannot use it.
4.2. The Seller shall accept the complaint at any business location at which accepting the complaint is possible with reference to the range of goods sold or services provided, or at its registered office or place of business. At the business location, the Seller shall arrange for the presence of an employee authorised to handle complaints throughout the business hours.
4.3. Complaints can also be filed with a person specified for that purpose in the confirmation issued by the Seller for the Buyer, the bill of payment of the purchase price, the warranty certificate, or another document given by the Seller to the Buyer.
4.4. In order to demonstrate the rights arising from faulty performance or the quality warranty, the Buyer shall furnish the Seller with a proof of Goods purchase (e.g., bill, invoice, etc.), the Seller’s confirmation as per 2.4 above, or the warranty certificate. The Seller is not entitled to file a complaint about a defect that the Seller has complained about in the past and from which the Seller has given the Buyer a discount off the Goods purchase price.
4.5. If the Buyer is a Consumer and unless the quality warranty provisions are applied, the Buyer is entitled to exercise the right from a defect occurring in consumer goods within 24 months of the Buyer’s acceptance of the Goods. For consumer goods already used, the period for exercising rights from faulty goods can only be agreed in the middle of the legal period; the Seller shall identify such a reduction to the period in the confirmation of its obligations from faulty performance or on the proof of Goods purchase. The Buyer acknowledges that a new period for exercising rights from faulty performance does not start if the Goods are replaced as part of handling a complaint. The period shall expire 24 months after the Buyer’s acceptance of the Goods originally supplied by the Seller (already complained about by the Buyer).
4.6. The Seller shall issue for the Buyer a written confirmation about when the Buyer has exercised the right, the object of complaint, and the method of complaint handling requested by the Buyer.
The Buyer has to communicate to the Seller which right they chose when notifying of the defect or without unnecessary delay after notifying of the defect. The Buyer can only change his request for settling a claim without the Seller’s approval if the Buyer asked for a repair of a defect which showed to be irreparable. If the Buyer does not exercise their right against a material violation of the Contract in time, the Buyer’s rights shall equal those from an immaterial violation of the Contract.
The Buyer can also request delivery of new Goods free of defects unless it is disproportionate to the nature of the defect, but if the defect only concerns a component of the Goods, the Buyer may only request a repair of the component; if that is not possible, the Buyer can withdraw from the Contract. However, if that is disproportionate to the nature of the defect, especially if the defect can be eliminated without unnecessary delay, the Buyer has the right to the elimination of the defect free of charge.
A Buyer who is a Consumer also has the right to the delivery of new Goods or the replacement of a component in the case of a reparable defect if they cannot use the Goods properly due to repeated occurrence of the defect after the repair or for a higher number of defects. In that case, the Buyer also has the right to withdraw from the Contract.
If the Buyer does not withdraw from the Contract or exercise the right to delivery of new Goods free of defects, repair of a component or repair to the Goods, the Buyer may request a proportionate discount. The Buyer also has the right to a proportionate discount if the Seller cannot deliver new Goods free of defects, replace a component or repair the Goods, as well as if the Seller fails to remedy the fault within an adequate period of time or if a remedy would cause considerable difficulties for the Buyer who is a Consumer.
4.7. The Seller shall inform the Buyer about the method of informing the Buyer about the complaint settlement.
V. Complaint settlement and costs
5.1. The Seller shall decide about the complaint immediately; within three working days in complicated cases. However, that period excludes adequate time depending on the type of goods or service necessary for expert assessment of the defect. The period for complaint settlement starts on the handover/delivery of Goods to the Seller or the place specified for repair. If transported, the Goods should be packaged in suitable packaging to prevent its damage; it should be clean and complete.
5.2. If the Buyer is a Consumer, the complaint, including defect elimination, has to be settled without needless delay, within 30 days of the complaint filing date, unless the Seller agrees with the Buyer on a longer period.
5.3. The Seller shall issue the Buyer with a confirmation of the date and method of complaint settlement, including a confirmation of the repair and its duration or, as the case may be, a written substantiation of refusing the complaint.
5.4. If the complaint is settled by the Seller as legitimate, the Buyer is entitled for payment of all demonstrably effectively expended costs of exercising its right.
VI. Dispute resolution
6.1. In case the Seller refuses the complaint as illegitimate, the Buyer – or both Parties if agreed with the Seller – may turn to an expert witness specialised in the field and request an independent assessment of the defect.
6.2. If agreement between the Buyer and the Seller is not reached, the disputes between the Buyer and the Seller will fall under the jurisdiction of general courts, unless the Buyer and the Seller agree on a different choice of dispute resolution.
Supervision over adherence to obligations pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, is done by the Czech Trade Inspection Authority (www.coi.cz).
VII. Final provisions
7.1. If generally binding legal regulations are amended so that the provisions of these Rules are in contravention with a generally binding legal regulation in force and effect, such generally binding legal regulation in force and effect shall take preference over these Rules without exception.
7.2. These Rules enter into effect on: 1 January 2014.
Ostrava, 31 December 2013
On behalf of SECTRON s.r.o.