Claim rules IHR-TECHNIKA s.r.o.

1.General establishment

This Complaints Procedure governs the rights and obligations between the seller company

IHR-TECHNIKA s.r.o.,

based company Boleslavská 902 29 306 Kosmonosy, Czech Republic.

ID: 49827847
Tax ID: CZ49827847
Reference number C 34366, led by the Registration Court in Prague,

hereinafter referred to as "Seller" on the one hand and sellers on the other.

 

The Complaints Procedure provides different rights and obligations for buyers who act in relations with the seller as a buying consumer ( further "the consumer buyer" ) when the buyer rights are defined by § 52 odst.3 z.č. 40/1964 Coll. And differently to the natural or legal persons conducting business under the Trade Act or other law or special public institutions and organizations (hereinafter referred as "the businessman buyer") who in the relationship with the seller acting in their commercial or other business activity, the different rights and obligations of the buyers are adapted and distinguished below as the rights and duties of the consumer buyer and rights and duties of businessman buyer."

 

If these conditions governs certain rights for both the consumer buyer and businessman buyer than both are referred as "the buyer". Diversity of Complaints Procedure in certain obligations and rights for the businessman buyer from consumer buyer is because the buyer businessman have a legal relationship with the seller based on business conditions under Act No. 513/1991 Coll. and related laws and consumer buyer and sellers have a legal relationship established on Act No. 40/1964 Coll. and Act No. 634 / 1992 Coll. and related legislation.Connected to that fact are different rights and obligations in the framework of the claims procedure too, as claims from reclamations are governed by the main engagement and its rules.

 

In settling the complaint for the consumer buyer it is proceeded according to law 40/1964 Sb. 40/1964. and Act No. 634/1992 Sb. 634/1992 Coll.and related legislation.

In settling the complaint for the businessman buyer it is proceeded according to Act No. 513/1991 Sb. 513/1991 Coll.and related legislation.

The guarantee applies to goods that were purchased from the IHR-Technika s.r.o. and the complaint was raised during the warranty period. Each product purchased from the IHR-technika s.r.o. is accompanied by an invoice with a fixed guarantee period, which serves as proof for any warranty claim within the warranty period. When complaint the defect is recommended to produce an invoice in order to speed up and simplify the complaint procedure. Take over of goods and agreement with the warranty conditions confirms the buyer by signing the invoice. If goods is not collected in person at the shop, the taking of the goods means the moment, when the buyer takes over the goods from the carrier.

 

2.Variance with the contract agreement and delivery of damaged goods

1.Consumer buyer

If the buyer consumer finds that delivered goods is damaged, or that there is difference between the guarantee and delivery notes, tax receipt or invoice, we strongly recommend immediately (preferably within 24 hours) in a demonstrable way to contact IHR-Technika s.r.o.to remove these defects.Consumer buyer claims are solves by § 616 oz

 

2.The businessman buyer

Businessman buyer is obliged to inspect the goods immediately upon receipt of goods within 24 hours of receipt, except in cases where goods have been demonstrated in the shop.If the buyer discovers that the goods is damaged, or find any difference between the guarantee and delivery notes, tax receipt or invoice than is required immediately (within 24 hours) in a demonstrable way to notify the IHR-Technika s.r.o. If they will not do so, the later claim will be declined.

 

3.Warranty conditions

Length of warranty in months is shown on the invoice. If there is not different warranty period indicated on the invoice for goods, the company provides the product warranty of 24 months. The warranty period begins on the date of receipt of goods.In cases where goods was replaced a new guarantee period starts at the moment of receipt of new goods.

 

4. Unenforceability of the guarantee

Warranty is void in whole or in part in the following cases:

  • expiry of warranty period
  • mechanical damage, improper installation, improper treatment or handling, neglect routine care
  • If the defects were caused by computer viruses
  • If the fault occures only with software for which the customer is not able to demonstrate a legal way of obtaining
  • use of goods under conditions that do not comply with environmental parameters, for which they are intended, or other parameters specified by the manufacturer
  • goods were damaged by the elements, or blackouts of electrical power network
  • goods have been damaged by excessive load, or use in contravention of the conditions listed in the documentation

5.Goods with a lifetime shorter than 24 months

On all consumer goods the warranty is for 24 months. Product defects resulting from wear are not covered by warranty. Goods with a lifetime shorter than 24 months is always marked in the seller offer and in writing on the invoice.

Product life defines the period, for which is guaranteed the correctness of the product and its functionality. After that time, it can be such wear and tear, that it is preventing its further use.It's not a reason to claim the goods.

From the civil code is clear, that the guarantee applies only to manufacturing defect or defect, which clearly occurs before the normal end of life product, which is guaranteed in normal use.

 

6. Procedure for application and processing of claims - the consumer buyer
Buyer shall deliver on the own expense and risk the defective goods to the headquarters of the seller.Seller recommends to deliver the claimed goods including books, documents, cables, CDs and other accessories, and preferably in the original or replacement packaging.Is recommended to buyer to produce an invoice too.

Worker in complaints department will assess the claimed defect and decide the merits of the complaint, immediately, if possible. The employee shall make a complaint report with the buyer, which include a description of defect, method and date of settling the claim. In the event that it would review the complaint as unfounded, stating that fact in the complaint report (rejecting the claim).

In the event that the assessment of defect found IHR-Technika s.r.o., that the complaint is not justified, it shall inform the buyer without delay and no later than 30 days after filing a complaint. In the case of justified claim the buyer is entitled under § 598 oz

Thirty-day period for settlement of a claim begins on the day following a complaint by the buyer. Period expressed in days starts on the day following the event, which is crucial to its beginning. If the last day of the period is Saturday, Sunday or holiday, the last day of the period will be the following working day.

 

Defects removable
If it is a removable defect, the buyer is entitled to a free consumer elimination of defects.

If it is not disproportionate the buyer has the right to exchange goods, or where it relates to such a defect only part of the replacement parts. If such a procedure is not possible, the buyer may request a reasonable discount or to cancel the contract.

 

Changing of goods

Reclamation of defect on goods , which is in the date of claim in stock, are made by the exchange of goods. If the goods is not on stock on the date of the claim, the consumer buyer and the IHR-Technika s.r.o. can agree on a specific date of delivery of replacement goods. Complaint department after delivery of substitute goods to the warehouse invite the buyer to receive goods or sent goods to the buyer at the expense of the IHR-Technika s.r.o,

 

After agreement with the consumer is possible (assuming that a manufacturer's claimed goods are no longer manufactured or long unavailable) the replacement of goods by one from other manufacturer than defective goods is. That goods has to have identical or better performance than the claimed goods and perform the same function with the same or better characteristics.

If it is not possible to eliminate the defect free of charge or replace the goods, the buyer may request a reasonable discount on the price or withdraw from the contract.
Right to exchange goods have the buyer either in the event that a defect is removable, but for repeated occurrence of the defect or a larger number of faults occurring he can not properly use that goods.Increased appearance of defects is meant by the third legitimate and recognized reclamation of the same species, or fourth legitimate and recognized reclamation of various kinds, or authorized and recognized reclamation of three major defects in one time.

The consumer buyer has, in the presence of large quantities of removable defects, the right for withdrawal from contract or repacement of things. Selection depends on the consumer.

 

Unremovable defects

If it is a defect that can not be removed and that prevents the use of goods as the goods without defects, the buyer has the right to exchange for new goods or to cancel the contract. In it is the case of irreparable defect that does not prevent the use of goods and the buyer does not require the exchange is entitled to a reasonable discount on the price of goods. Claim including the removal of defects must be processed within 30 calendar days, unless the period agreed by consumer buyer is longer. After settling the claim the buyer gets a copy of the complaint log, in which will be indicate how the claim was settled. If the claim was settled by exchange of goods, the new protocol includes a serial number of new goods. Other possible claims for new goods will be granted by the complaint log, which replaces the warranty and delivery note or invoice.

The buyer consumer has in the event of an uncorrectable defect that prevents the use of the goods as the goods without defects, the right of withdrawal or replacement of things. Selection depends on the consumer.

 

7. Proceeding when exercise and processing claims - business buyers

Business buyer is obliged to report the defective goods without delay after discovering faults within 3 days of its discovery.

 

Then proceed as follows:

Buyer shall deliver at his own cost and risk the defective goods to the headquarters of the seller.

We recommend to deliver claimed goods including books, documents, cables, CDs and other accessories, and preferably in the original or replacement packaging.

The goods must be submitted with the invoice, and the original warranty card, if it was included.

Complaints department worker will assess the claimed defect and decide the merits of the claim and whether it is a fundamental breach of contract or irrelevant, if possible immediately. The employee shall make with the buyer complaint report, in which include a description of defect, method and date of settling the claim. In the event that he would review the complaint as unfounded, stating that fact in the complaint log (unrecognized warranty). In the event that the assessment of defect found IHR-Technika s.r.o. is that the complaint is not justified, it shall notify the businessman buyer without undue delay, at least within 30 days of receipt of the goods claimed.

 

Substantial breach of contract
If goods are defective (non-removable defects) or have a large number of defects that prevent its proper use, it is a substantial breach of contract.

 

In this case, the buyer may:

  1. request the exchange of goods, delivery of missing goods, to demand the removal of legal defects

  2. request to repair of the defective goods if the defects are repairable
  3. request a reasonable discount on the purchase price

Buyer's rights guaranteed by the Commercial Code are not affected by this arrangement.
The choice between the above requirements has the businessman buyer just if it is done in his notice of defects when claiming or within 24 hours after this announcement. That setting is not possible to change without consent of the IHR-Technika s.r.o. If the buyer fails to implement his choice in time, ie. within the period mentioned above, the claims of defects of goods as a minor breach of contract.

 

Not relevant breach of contract
Removable defects, the legal defects of the goods, the greater number of defects that do not prevent proper use of goods, repeated defects or other defects (defects in the quantity, color, missing documents, etc.) are considered irrelevant for breach of contract.

 

In this case, the buyer may require the ablation of faults or deduction off the purchase price. Whether the defect will be rectified by repair or replacement will decide IHR-Technikas.r.o.

 

Reasonable time to repair the defective goods is 30 calendar days in justified cases a time limit can vary, the IHR-Technika s.r.o. specify the period within which the defects of the goods will be removed . If the buyer without undue delay after the notice period will not announce the disagreement to IHR-Technika s.r.o. it is presumed that it set itself. If the IHR-Technika s.r.o. fails to remove defects within the period specified in the previous paragraph, the buyer can claim the deduction or withdraw from the contract. Withdraw from the contract the buyer can only in case, if notify its intention to the IHR-Technika s.r.o. when setting the deadline for eliminating defects or within a reasonable time prior to termination of contract.That setting is not possible to change without consent of the IHR-Technika s.r.o. Goods must be returned intact, with no signs of use or wear, in original packaging with all accessories, including the enclosed warranty card and instructions.


Buyer can not withdraw from the contract if the defect had not been notified to the IHR-Technika s.r.o.

 

The withdrawal from contract is not possible if the buyer can not return goods in the state in which it was received, except in cases where:

  1. changes in product were not caused by buyer
  2. the change on the condition was done in consequence with inspection in order to detect defects in the goods.

If the walue of returned goods is lower than in day of purchasing (was partially consumed or worn), the buyer is obliged to replace in money the missing value under § 441, paragraph 4 of the Commercial Code.In practice this is done by offsetting the value of wear and consumption of goods for refund of the purchase price. The purchase price returned to the buyer is reduced by the amount of wear and consumption of goods. The value of the wear and consumption determines IHR-Technika s.r.o. depending on the amount of wear and tear or consumption of returned goods. If the goods were sent to the buyer by the shipper, the buyer has not the right compensation pay.

 

9. Complaints of goods damaged during transport

The buyer is entitled to refuse to accept goods from the carrier, which is obviously damaged, or is significantly damaged the shipping container, which gives grounds for believing that the product inside is damaged (this also applies to cases where on the board is possible to see that it was exposed to the weather or water).

If the buyer still want to accept the goods, because damage on the packaging do not always have to have effect on its contents, the courier is obliged to draw up the damage report.On its basis then, in the event of damage to contents of the parcel post or courier service will be handling the complaint. If the buyer, after opening the package, found physical damage to the goods that can be damaged by exposure to traffic, he has to notify without undue delay (the buyer no later than 24 business, consumer buyer is advised to do the same) the IHR-Technika s.r.o., which will inform the buyer how to proceed in the particular case. When the defective goods is supplied the buyer has the right for supply of new products as the commitment still applies, or may withdraw from the contract because it no longer has a legitimate interest in the subsequent delivery of goods where this is required to disclose to the seller simultaneously with the announcement of the delivery of damaged goods.

 

10.Charging the storage

If the buyer does not collect the settlement of a claim within 30 days of receiving notice of completion of repairs, he will be charge the amount of 25, - CZK per each day of the termination claim till its receipt by the buyer. The buyer will always be informed about the completion of repairs by one of the means of communication.If the buyer, will not collect the goods till time, when the storage amount exceeds the price of goods claimed, the goods will be used to pay the storage.

 

11.Final provisions

Seller is not liable in any way for loss of data contained in the defective goods, where the buyer is advised to adequately back up out of defective goods.

The Complaints Procedure shall take effect from 1st.april 2009. 2009th

Company IHR-Technika s.r.o. reserves the right to change this Complaints Procedure.


 
© 2008 – 2009 IHR-TECHNIKA s.r.o.