COMPANIES PROKLIMA shading technology s.r.o.
1. The right of the buyer (customer) to claim for defective goods or services
PROKLIMA Stíníní technika s.r.o. shall deliver the goods to the buyer (customer) in the agreed quantity, quality and design. If the quality and workmanship are not agreed, the seller shall perform in a quality and workmanship suitable for the purpose stated in the contract, otherwise for the usual purpose. For the purposes of this Complaints Procedure, goods shall also mean the provision of services by PROKLIMA stínící technika s.r.o.
2. If a defect occurs in the goods, i.e. a condition where the goods are not delivered in accordance with the contract, the purchaser (customer) has the right to claim this defect.
3. The Seller shall decide on the validity of the claim without undue delay, usually within thirty (30) days. The Seller may, in particular in cases where the settlement of the claim requires an expert assessment (e.g. material supplier) or ordering new material, spare parts, etc., decide on the legitimacy of the claim and settle the claim within a longer period of time. In the case where the consumer is the contracting party, the complaint shall be settled within 30 days from the date of its submission, unless the contracting parties agree on a longer period.
4. In the case of complaints about motors or other electrical components, the Seller is entitled to request an assessment of the technical conditions of the wiring and the place of installation of the product. The Seller may send its technician or the technician of the supplier of the relevant components to assess the installation site. If the Seller or its supplier is not allowed to assess the installation on site, no warranty shall be provided and the Buyer (Customer) shall not be entitled to any claim for any defects in the goods; if the Buyer is a consumer, this may be grounds for rejecting the claim.
5. In the event that the Buyer (Customer) hands over the goods to the Seller for repair/warranty repair and the goods are not packed/adequately packed (e.g. in their original packaging), the Buyer (Customer) acknowledges that the Seller shall not be liable for any defects or other damage resulting from the transport and subsequent handling of the goods (damage, deformation, scratches, tears, etc.). The buyer (customer) will be charged for the removal of any such defects. This provision also applies by analogy to cases of repair of goods as separate obligations.
6. To the fullest extent permitted by law, the Seller does not assume any claims for reimbursement of costs or damages related to a product defect unless it has expressly committed to do so in the contract. To the fullest extent possible, the Buyer-entrepreneur waives all his/her claims for defects in the goods, except those expressly provided for in these Complaints Regulations or agreed in the contract.
2. Exercise of the claim
1. The Buyer is entitled to make a claim in particular at the Seller's premises or by electronic communication.
2. The Buyer (Customer) is obliged to prove that his claim for settlement of the claim is justified. In addition to the complaint of defects, the buyer (customer) is obliged to provide information on the purchase of the goods (which is usually proved by an appropriate document) and the product itself.
3. In the complaint, the buyer (customer) is obliged to specify the type of goods complained of, their quantity, a description of the defect complained of and how it manifests itself. The claim period shall start to run at the earliest when all this information necessary to assess the claim has been provided.
4. The Buyer (Customer) must make the claim without undue delay after he has had the opportunity to inspect the object of performance and to identify the defect.
5. Apparent defects caused (e.g. damage to the goods) by the transport service must be claimed directly at the time of handing over the goods to the carrier (in the case of transport carried out by an entity other than the seller). In order to make a claim caused by the transport company, it is necessary to leave the goods at the place of transport, including the original packaging, to take appropriate documentation of the damage (photographs, video, etc.), or to ensure that a record of the damage is drawn up with the transport company.
3. Acknowledgement of claim, warranty period
1:
- timely identification of the defect for which the seller is liable;
- the defect is not due to non-compliance with the conditions set out in the price list of the product, the operating and maintenance instructions and/or generally known rules for the use of goods;
- the defect has not been caused by improper handling by the buyer (customer)/user or by normal wear and tear;
- violation of the seller's obligation under Article 1, paragraph 1 of the Complaints Procedure;
- payment of the purchase price or the price of the work.
2. The warranty period is:
- 48 months unless a different warranty period is specified in the contract, warranty conditions of the specific product;
- 12 months for services, out-of-warranty repair or modification of the goods, from the date of provision of the service, repair or modification of the goods.
3. The warranty period under point a) of the preceding paragraph shall commence on the date of dispatch of the goods from the Supplier's manufacturing plant.
4. The warranty period shall not be confused with the normal life of the goods, i.e. the period of time for which the goods, with proper use and care, can last due to their characteristics, the given purpose and the difference in intensity of use.
5. If the buyer's (customer's) claim is settled by replacing the defective goods with faultless ones, the new goods are not subject to a new warranty period. If the buyer (customer) is a businessman and the claim is settled by replacing the goods with new ones, the time elapsing between the claim and the time when the buyer (customer) is obliged to take delivery of the goods shall be included in the warranty period. If the buyer (customer) is an entrepreneur and the claim is settled by repair, the time that elapses between the claim and the time when the buyer (customer) is obliged to take delivery of the repaired product shall be included in the warranty period.
4. Removable defects
1. defects that can be remedied by repair shall be deemed to be defects in particular where the appearance, function or quality of the products is not affected by their removal.
2. If the defect is a removable defect, the buyer (customer) may demand the repair or completion of what is missing or a reasonable discount on the price.
3. If the defect is a removable defect, the buyer (customer) entrepreneur may demand the removal of the defect, whereby the seller decides whether this will be done by repair, replacement or a discount on the price, i.e. the choice of the method of settlement of the complaint is up to the seller.
4. In the event of settlement of the claim by replacement of the goods for defect-free goods, the buyer (customer) is obliged to return the defective goods to the seller. If the goods are not returned within 2 months of the exchange, the Buyer (Customer) shall be charged for the goods at the price valid at the time of purchase and the Buyer shall be obliged to pay this price.
5. Irremediable defects
1. An irremovable defect is also considered to be a defect that occurs repeatedly in the product, i.e. at least three times the same defect or four times a different defect.
2. If it is an irremovable defect that prevents the proper use of the goods, the claim (the buyer's claim) may be resolved by a discount on the purchase price, by replacing the goods with faultless ones, or by withdrawing from the contract and refunding the purchase price, and if the buyer is a business, then the seller decides how the claim will be resolved, i.e. the choice of how to resolve the claim in such a case belongs to the seller.
3. In the case of settlement of the complaint by replacement of the goods for defective goods, the buyer (customer) is obliged to return the defective goods to the seller. If the goods are not returned when the claim is made, the Buyer (Customer) shall be charged for the goods at the price applicable at the time of purchase and the Buyer undertakes to pay this price.
6. Coated parts
The Buyer (Customer) acknowledges and agrees that:
1. the mechanical and physical properties of the powder coated surfaces meet the parameters specified in the paint manufacturer's technical data sheet;
2. the tested mechanical and weathering resistance properties are defined in the Qualicoat standard;
3. a single product may be coated by different technologies, which may cause nuances in the colour shade;
4. the rule of thumb for assessing the surface appearance of a product is that it is assessed in daylight from a distance of 2 metres.
7. Goods sold at lower prices
Used products or products which are defective shall be sold only at lower prices.
2. The buyer (customer) is informed that the product has a defect and what the defect is. The seller is not liable for such defects in new or used products for which a lower price has been agreed.
8. Terms and deadlines
The Buyer acknowledges and agrees that all deadlines and time limits (in particular for the settlement of claims) may be further unilaterally postponed and changed by the Seller for reasons beyond the Seller's control. Circumstances within the meaning of the preceding sentence are expressly understood to be force majeure circumstances, which include, but are not limited to, reasons related to the COVID - 19 disease (e.g. shortages of components on the global and/or local market, supplier delays, global transport restrictions, closures and lockdowns, etc.), as a result of which any deadlines cannot be guaranteed by the Seller. Deadlines may not be changed if the Buyer is a consumer and at the same time such deadlines and time limits are governed by mandatory provisions of law and the change of the deadline in accordance with this paragraph was contrary to law.
9. Final provisions
The Complaints Procedure is a part of the GTC and comes into force on 1 October 2021 and cancels all previous Complaints Procedures issued by the Company.