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Claim and complaint procedures

The Claims procedurein PDF format is available to download: HERE 


 

Rules for filing complaints

 

 

SERVIX CLIMAX a.s., in compliance with the provision of § 2099 , § 2113, § 2615 and subsequent of the Civil Code and with the General Business Terms and Conditions, issues these Rules for Filing Complaints:

 

 

Article 1

Customer´s right to reclaim defective goods

 

1)        Upon selling goods to its customers, SERVIS CLIMAX a.s. is responsible for assuring compliance of the goods or work with technical standards, and guarantees that the goods are of the required quality, quantity and design and have been packaged in the manner specified in the respective contract or in the General Business Terms and Conditions.

 

2)        If a defect occurs with the goods which have not been supplied in compliance with the purchase or work contract, the customer is entitled to reclaim such goods.

 

3)        Complaint Reception Officer or another person appointed by this officer shall decide whether the complaint is justified without any undue delay. In cases when the execution of a complaint requires that expert opinion is sought (with a material supplier for instance), the Complaint Reception Officer may stipulate an extended period.

 

4)        If the customer claims a motor or its operation, the seller reserves the right to review the technical conditions of the connection and installation of the product in the place of installation namely before the dismounting of the product. The seller is entitled to send his/her technician or the product supplier´s technician to review the installation. If the seller or the supplier is not enabled to review the installation in its place, the seller is entitled to refuse the claim.

 

5)        In case the buyer hand over the goods to the seller for repair / warranty repair and the goods are not packed / sufficiently packed, the buyer takes into account that in such a case the seller is not liable for defects and other damage caused as a result of transportation and subsequent handling of these goods (damage, deformation, scratches, tears, etc.). The buyer will be charged for removal of such defects.

Therefore, this provision also applies to cases of repairs of goods as separate obligations, including situations where the repaired goods are not the product of the seller, and the customer only ordered this repair of the goods (work) separately at the seller´s company.

 

6)        The complaint must be executed without any undue delay. If there is an agreement on the removal of the defect, the defect can be removed over a longer period. If the customer does not feel satisfied with the execution of the complaint by SERVIS CLIMAX a.s., he or she may appeal to the court.

 

7)        The seller does not take over any demands on contingent payments of costs connected with the claim or with a contingent exchange of a defective product unless he or she is bound to do that explicitly by an agreement.

 

 

 

Article 2

Filing a complaint

 

1)        The complaint must be lodged by the customer with the Complaint Reception Officer in the company´s office. A complaint on goods may be lodged by e-mail, telephone or personally at the complaint department during all business hours (see the section of Contacts at www.climax.cz). The customer is required to prove that his or her claim is justified, i.e. to prove both the defect and the data of the purchase of the goods (the price and time of the purchase of the goods; the customer must do so by showing the respective purchase receipt and certificate of guarantee if one was issued). The complaint must be lodged by the customer without an undue delay in periods set forth in Section § 2112 a § 2618 of the Czech Civil Code.

 

 

 

Article 3

Guarantee period and period for lodging a complaint

 

1)        A complaint will be acknowledged if:

-      It is lodged within the guarantee period;

-      The conditions set in the product manual, certificate of guarantee or generally known rules for the use of things have been met;

-      The defect was not caused by improper handling on the part of the customer/user or by usual tear and wear;

-      The certificate of guarantee is submitted if it has been issued;

-      The purchase price of the delivered goods or work has been paid off.

 

2)        The guarantee period is:

a)       48 months from the date of the takeover of the goods unless the guarantee conditions of a particular product state a longer period;

b)      3 months for a repair or modification of the goods.

 

3)        The guarantee period begins at the moment the customer (it means the contractor, not a final customer) has taken over the goods. If the delivery and takeover of the goods was not completed due to the customer´s insufficient cooperation, the guarantee period begins on the day when the goods or work should have been delivered and taken over.

 

4)        The guarantee period must not be mistaken for the usual service life of the goods, i.e. the period of time during which the goods, if used properly, may be expected to last due to the properties, purpose and varying intensity of use.

 

5)        The customer must file a complaint immediately after a defect has been discovered so that the complaint can be considered and settled correctly. Evident defects (e.g. damaged goods) caused by the carrier must be filed during the takeover of the goods directly at the carrier (in case the transport is carried out by other person than the seller), or 14 days if the goods have been delivered by the seller´s internal delivery service. When lodging a complaint caused by the carrier, it is necessary to leave the goods in the place of unloading including the original packaging, to acquire appropriate documentation of the damage (photographs, video, etc.), or to draw a protocol on the damage with the carrier.

 

6)        If a complaint is settled by exchanging new goods for defective ones, there is no new guarantee period of the new goods. If a complaint is settled by exchanging new goods for defective ones, the guarantee period does not include the period of time from the lodging of the complaint to the moment the customer is required to take over the new goods. If a complaint is settled by repair, the guarantee period does not include the period of time from the lodging of the complaint to the moment the customer is required to take over the repaired product.

 

 

 

 

 

Article 4

Reparable defects

 

1)        The term of a reparable defect refers to any defect whose repair or removal will not affect the appearance, functionality or quality of a product and the repair can be carried out within a set period of time. The seller is authorized to consider the nature of the defect. The deadline for a removal of a defect shell be set forth by the seller , taking into account its current operating conditions .

 

2)        If the defect is reparable, the customer is entitled to ask for removal of the defect free of charge and in due time. The seller shall decide whether the removal of the defect shall be carried out in the form of repair or replacement (unless replacement is inappropriate according to the nature of the defect) of the defective product. If the removal of the defect is not possible, the buyer may ask for an appropriate reduction of the purchase price of the product or may withdraw from the contract.

 

3)        If this involves a reparable defect of a used product, the buyer is only entitled to ask for a removal of the defect free of charge and in due time; the seller is required to remove such defect in the period set forth by the seller.

 

4)        The seller may always replace the defective product with a flawless one instead of removing the defect.

 

5)        If the complaint is to be settled by a replacement of the defective product with a good one, the customer must return the defective goods to the seller. If the goods are not returned within 2 months following the replacement, the customer will be charged the price for these goods in the amount valid at the time of purchase.

 

 

Article 5

Irreparable defects

 

1)        The term of an irreparable defect refers to any defect that cannot be removed within the set period. In the case of an irreparable defect the customer may choose to require:

a) Replacement of the product with a new one;

b) Termination of the purchase contract and return/refund of the purchase price

 

2)        The customer is entitled to use the very same right also in the case of a reparable defect that occurs repeatedly after repair or in the case of a number of defects which prevent the customer from using the product properly. This applies especially to products where an identical defect occurs after two preceding repairs.

3)        If the defect is irreparable, but does not affect the proper functioning of the product in relation to its purpose, the customer is entitled to ask for an adequate reduction in the purchase price. If the purchase price has changed since the time the customer purchased the defective product, he or she will be offered a reduction in the price valid at the time of purchase.

 

4)        If the complaint is to be settled by a replacement of the defective product with a good one, the customer must return the defective goods to the seller. If the goods are not returned within 2 months following the replacement, the customer will be charged the price for these goods in the amount valid at the time of purchase.

 

 

 

 

 

 

Article 6

Settling the complaint by offering a reduction in the price

 

1)         It is possible to settle a complaint by offering an adequate reduction in the purchase price upon agreement concluded with the customer. If the product is accompanied by a document of guarantee, the reduction and its justification must be indicated in this document. The reduction may be offered by competent staff of SERVIS CLIMAX a.s. If the purchase price has changed since the time the customer purchased the defective product, he or she will be offered a reduction in the price valid at the time of purchase.

 

 

Article 7

Goods sold for reduced prices

 

1)        Used products, or products that have defects that in no way prevent the product from being used for the intended purpose must only be sold at reduced prices.

 

2)        The buyer must be informed about the fact that the product has a defect as well as about the nature of the defect. The seller bears no responsibility for these defects to new or used products for which a price reduction has been stipulated.

 

3)         If the price has been reduced due to business purposes (e.g., because of post-season sellout) and the product is otherwise flawless, the seller bears full responsibility for any potential defects.

 

Article 8

Settling disputes

 

Any disputes arising in relation to a complaint procedure shall be decided by a court of justice with jurisdiction at the site of the seller or manufacturer.

 

 

Article 9

Final provisions

 

These Rules for filing complaints shall become effective on 14th September 2015 and replace the Rules effective from 1st January 2014, which thus become void.

 

 

 

 

 
 
 
 
 

  SERVIS CLIMAX a.s., Jasenice 1253, 755 01 Vsetín, The Czech Republic
+420 571 405 603, climax@climax.cz
 

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General Business Terms and Conditions | Claim and Complaint Procedures

 

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