Complaints Policy

Complaints Policy in PDF format – download HERE

Art. 1

Seller’s Liability for Defects (Legal Guarantee)

For deliveries of goods to buyers (clients), SERVIS CLIMAX a.s., Company Registration Number: 253 52 628, with its registered office at Jasenice 1253, Postcode: 755 01 Vsetín (hereinafter also referred to as the “seller”), is responsible for ensuring that the goods or work are of the agreed quality, quantity and version according to the contract and have been packed in the manner specified in the contract or in the general delivery conditions.
The buyer shall inspect the goods as soon as possible on receipt. If a defect is found in the goods, i.e. a condition where the goods are not supplied in accordance with the purchase contract, contract for work, or general delivery terms and conditions, the buyer (client) has the right to submit a claim with regard to the defect.
The buyer (client) shall submit a claim with regard to any apparent defects (e.g. damage to the goods, incomplete delivery, etc.) without unreasonable delay and no later than within 14 days of acceptance of the goods. The buyer shall submit a claim with regard to any hidden defects without unreasonable delay upon their discovery and no later than 2 years from the acceptance of the goods, unless otherwise agreed. Should the buyer (client) fail to submit a claim with regard to the defect in time, the buyer’s rights arising from defects shall lapse.
Any apparent defects (e.g. damage to the goods) caused by the carrier service must be claimed directly with the Carrier upon handover of the goods (where the shipping is carried out by an entity other than the Seller) or within 14 days of acceptance. In order to make a claim concerning damage caused by the shipping company, the goods, including the original packaging, shall be left at the place of delivery; the damage shall be documented accordingly (photos, videos, etc.) or a damage report shall be drawn up with the shipping company.

Art. 2

Quality Guarantee

Beyond the legal guarantee, the Seller provides an extended quality guarantee of:
– 48 months from the date of receipt of the goods, unless otherwise specified in the contract, the guarantee conditions for the specific product;
– 12 months for the paid repair or modification of the goods from the date of the repair or modification of the goods.
The guarantee does not cover defects in the goods which existed at the time of acceptance and which could have been identified by the buyer with sufficient care. The guarantee covers only defects that become apparent after acceptance during the warranty period.
The warranty period commences upon the acceptance of the goods by the buyer (client), i.e. the contractual partner, not the end customer. If there was no handover and acceptance of the goods as a result of a lack of cooperation from the buyer (client), the warranty period commences on the day on which the goods or work was to be handed over.
The warranty period cannot be confused with the usual service life of the goods, i.e. the time for which the goods can last with proper use and care with regard to their characteristics, given purpose, and differences in the intensity of use.
Where the buyer’s (client’s) claim is resolved by replacing the defective goods with non-defective ones, the new goods do not carry a new warranty period or a new period for exercising any claims resulting from defects on the basis of the legal guarantee. If the buyer’s (client’s) claim is resolved by replacing the goods with new ones, the time taken from making the claim until the moment the buyer (client) is obliged to take over the goods is not included in the warranty period. If the buyer’s (client’s) claim is resolved by repair, the time taken from making the claim until the moment the buyer (client) is obliged to take over the repaired product is not included in the warranty period.
The buyer shall file a claim with regard to defects in paid repairs or modifications to the goods without unreasonable delay and no later than within 12 months of acceptance of the repaired or modified goods. After the lapse of this period, no claims may be submitted on the grounds of defective performance or the quality guarantee for these goods or repairs.
Where a claim fails to meet the terms for filing claims on the grounds of the quality guarantee, consideration is given under Article 1 hereof to whether the conditions of the legal guarantee are met.

Art. 3

Common Provision for Filing and Handling Claims (Legal Guarantee and Quality Guarantee)

The Seller shall decide about whether or not the claim is justified without undue delay, usually within thirty (30) days. The Seller may set a longer deadline, especially where an expert assessment (e.g. by the supplier of the material) is required for resolving the complaint.
Where the complaint concerns motors or other electrical components, the Seller may request an assessment of the technical conditions of the wiring and place of installation of the product. The Seller may send its technician or a technician from the supplier of the relevant components to assess the place of installation. If the Seller or its supplier is denied the opportunity to assess installation on-site, the Seller may reject the claim.
Where the buyer (client) hands over to the Seller Goods to be repaired, including under warranty, and if such Goods are not packaged/adequately packaged (e.g. in their original packaging), the buyer (client) acknowledges that the Seller is not liable in this case for any defects or other damage resulting from the transport and subsequent handling of such Goods (damage, deformation, scratches, breakage, etc.). The buyer (client) shall be charged for the removal of any defects that may arise in this manner. This provision shall also apply to any cases where Goods are repaired under separate contractual arrangements, i.e. a situation where the goods to be repaired are not the Seller’s product and the customer has separately contracted the Seller to repair the Goods. The carrier may refuse to accept improperly packaged goods.
The Seller is not liable for any reimbursement of costs or damages related to the return and/or replacement of a defective product, including installation or removal, unless it has expressly committed itself thereto by a contract. The buyer (client) is entitled to only those rights which are expressly provided for in this Complaints Policy or in the contract. In addition, the Buyer waives the right to compensation for lost profits or consequential loss.
The claim is to be made by the buyer (client) at the Seller’s registered office. The claim may be filed with the Complaints Department of the Seller via the e-shop (www.eshop.climax.cz) or by email (reklamace@climax.cz) at any time, or in person or by phone during the Seller’s business hours (see the Contacts section at eshop.climax.cz).
The buyer (client) shall prove that the claim is justified. In addition to filing a claim about a defect, the buyer (client) shall present proof of purchase (using the relevant document).
In the claim, the buyer (client) shall specify the type of goods, their quantity, and a description of the defect that is the subject of the claim and its manifestations. Failure to provide the above details shall result in the time for resolving the claim being extended by the time needed to obtain the information.
The condition for the acknowledgment of a complaint is in particular:
– the claim regarding defects for which the Seller is liable has been submitted without unreasonable delay for the legal guarantee and during the guarantee period for the quality guarantee,
– compliance with the conditions set out in the product pricelist, instructions for use and maintenance and/or generally known rules for the use of goods;
– the defect was not caused by unprofessional manipulation by the buyer (customer)/user or as a result of normal wear and tear;
– payment of the purchase price or the price of the work.

Art. 4

Common Provisions for Handling Complaints Concerning Remediable Defects

Remediable defects are deemed to be those of which the remedying does not affect the appearance, function, and quality of the products. The Seller has the right to assess the nature of the defect.
If the defect is remediable, the buyer (client) may demand that the defect be remedied free of charge and duly, provided that the decision about whether the defect will be remedied by repair, replacement, or a price discount will be made by the Seller, i.e. the Seller decides on the manner in which the claim is resolved.
If, as a result of the claim, the goods are replaced by new ones that are free of defects, the buyer (client) shall return the defective goods to the seller. If the goods are not returned within 2 months from the replacement, the buyer (client) shall be charged for such goods at the price applicable at the time of the purchase of the goods, and the buyer has the obligation to pay this price.

Art. 5

Common Provisions for Handling Complaints Concerning Irremediable Defects

Irremediable defects are deemed to be, in particular, those that cannot be remedied completely within the specified time. Irremediable defects are also deemed to include recurring defects, i.e. the same defect that occurs twice or three different defects. The Seller has the right to assess the nature of the defect.
If the defect is irremediable and prevents the proper use of the product, the customer’s complaint (claim) may be resolved by a discount on the purchase price, by replacing the goods with ones free of defects, or by cancelling the purchase contract and returning the purchase price, provided that the choice of the manner of resolving the claim is with the Seller.
If, as a result of the claim, the goods are replaced by new ones that are free of defects, the buyer (client) shall return the defective goods to the seller. If the goods are not returned within 2 months from the replacement, the buyer (client) shall be charged for such goods at the price applicable at the time of the purchase of the goods, and the buyer has the obligation to pay this price.

Art. 6

Surface-finished parts

The buyer (client) acknowledges and agrees that:

the mechanical and physical properties of the surfaces painted with powder paints meet the parameters specified in the technical data sheet of the paint manufacturer;
the tested mechanical and weather resistance are defined in the Qualicoat standard;
one product can be surface treated with different technologies, which can cause nuances in the colour shade;
for the evaluation of the appearance of the product surface, the rule applies that it is evaluated in daylight from a distance of 2 meters.

Art. 7

Goods sold at lower prices

Used products or products that include defects that do not prevent the product from being used for the intended purpose are sold only at lower prices.
The buyer (client) is advised of the presence and nature of the defect in the product. The Seller is not liable for such defects in new or used products on account of which a reduced price has been agreed.
If the price has been reduced for business reasons (e.g. because of a post-season clearance sale) and if the goods being sold are new and free of defects, the Seller is liable for the defects in the goods sold to the full extent of the rules of this Complaints Policy.

Article 8

Separately supplied components

The warranty period applies exclusively to complete shading products supplied as a whole by the seller. Where individual components are sold outside the complaints procedure, no warranty is granted. (Where individual components are supplied by the seller as part of a complaint or a paid repair, the above-mentioned relevant provisions of the Complaints Regulations apply)
In the case of such individual components, the seller is liable only for defects within the scope of the buyer’s legal rights arising from defective performance, i.e. for those defects which were in existence upon the handover of the goods to the seller and which prevent normal use thereof, provided that the goods were used by the buyer professionally and correctly in accordance with their intended use.
The buyer shall inspect the goods without undue delay after taking delivery thereof. The seller must be notified of any obvious defects within 5 business days of acceptance, otherwise the rights arising from liability for these defects shall lapse. The rights arising from liability for defects which could not be detected on delivery (hidden defects) may be claimed by the buyer no later than 6 months from the date of acceptance of the goods. The seller’s liability for defects shall lapse on the expiry of this period.
The seller’s liability does not extend to defects resulting, in particular, from:
a) unprofessional installation, modification or alteration of the product by a person other than the seller without prior consultation with the seller’s technician
b) improper use or combination of components with incompatible devices,
c) normal wear and tear consistent with proper use,
d) improper storage or handling or other damage by the buyer.
The buyer hereby expressly acknowledges that the buyer has been advised that separately supplied components may be incompatible with existing shading systems and their installation or use may result in defects or malfunctions of the assembly.

Art. 9

Resolution of disputes

Any disputes arising within the complaints procedure shall be decided by court of justice at the registered office of the seller (contractor). Disputes will be decided in accordance with Czech law and Czech legal system.

Art. 10

Final provisions

The complaints procedure in this wording takes effect on June 15, 2026 and cancels all previous complaints procedures issued by the company.

In Vsetín on June 10, 2026 Mgr. Jana Holomková

Lawyer