Complaints Procedure of STIN KOVO s.r.o.
1. The seller is a legal entity registered in the Commercial Register STIN KOVO, based at Bri. Hlavicu 122, Vsetin, Postcode 755 01.
2. The buyer is an entity that entered into a contract for the purchase of goods by the general business conditions of the company with the seller.
3. The seller agrees to ship the goods being packed in a suitable packaging material satisfying the demands of the transport of the respective goods so as to prevent the risk of possible damage to goods during the transport.
4. The buyer shall inspect the goods immediately upon the receipt in such a way that makes it able to find any defects on the goods whilst exerting professional care.
5. If any mechanical damage is found to the product packaging, the buyer is obliged to draw up a record of the damage in the presence of a person who provides the transport to the delivery protocol or delivery note, as the case may be.
6. The buyer takes over the delivered goods based on the delivery note. The receipt of the goods shall be confirmed on the delivery note either by the buyer or an authorised representative or employee authorised to do so by the buyer. Without the entry in accordance with paragraph 5 upon its signing the buyer then agrees that the goods have been delivered without apparent defects, that the packaging has not been mechanically damaged, and that the goods were delivered in the amount declared in the delivery note. All these facts must be verified and applied in writing upon signing the delivery note since subsequent complaints will be disregarded.
7. The buyer is obliged to notify the seller in writing of any defects of the goods and implement specific claim from liability for defects without undue delay after they were able in a timely inspection and with the exertion of adequate care reveal those, otherwise the court will not recognize the right of faulty performance. The same applies to hidden defects, unless reported without undue delay after the buyer could reveal those whilst exerting sufficient care, but no later than by the expiration of the warranty period that starts from the time of delivery, or after the delivery of goods to the place of destination specified in the agreement (order).
8. The seller shall not be held liable for any mechanical defects detected outside the delivery destination set in the agreement (order) after apparent manipulation or transport by the buyer or third parties.
I Warranty terms
1. In the event that after the receipt of goods by the buyer any defects on the goods occur during the warranty period, the buyer may exercise its legitimate claim. The warranty period commences on the date of sale - delivery of goods, which is listed on the delivery note.
2. The length of the warranty period is 24 months unless stated otherwise.
3. The warranty expires in the following cases:
a/ Upon the expiration of the warranty period.
b/ Upon the disturbance of the protective seals and labels if present on the product.
c/ On improper use and storage of goods.
d/ Upon the failure to follow the guidelines set by the manufacturer or supplier.
e/ Upon improper installation, handling, operation or neglecting the goods.
f/The goods were damaged by natural disaster.
g/ If the buyer breaches any obligation arising from any of the paragraphs 4 to 7 of the initial provisions - mechanical and quantity defects (non-manufacturing defects).
h/ If a complaint is made pursuant to paragraph 8 of the Initial provisions - mechanical and quantity defects (non-manufacturing defects).
4. In case a complaint is made on an already mounted shading technology and other assortment, the warranty covers only those defects that are visible at a distance of 1 m provided that the building was made accordingly with the assembly conditions for shading and other assortment applicable at the given moment.
II Settlement of claims
1. Claims shall be referred for settlement only if made in writing, i.e. through proper completion of a complaint protocol (that forms an integral part of the Complaints Procedure) and its delivery to the supplier by fax, mail, in person or by e-mail.
a/ Together with a claim report it is always necessary to submit documents on the sale of goods issued by the seller to the buyer. The buyer is obliged to hand over the claimed goods to the seller complete, intact, clean and in its original packaging. If the buyer fails to do so, the seller is entitled to refuse the complaint.
b/ If any difference is found in the quantity or type of goods in the data stated on the invoice and the actually delivered goods, the buyer is obliged to submit within seven working days a written report on these defects to the seller. Failure to comply with that deadline will result in non-acknowledgement of the claim. In the event that such claim is justified, the buyer may require delivery of any demonstrably missing goods - for quantity defect or exchange of goods of another kind for goods originally ordered by the buyer - for generic defect.
c/ If a complaint is unjustified (pursuant to paragraph 4 and 5 of the Warranty terms), the seller will charge the buyer any costs incurred on the localisation, logistics, tracing the necessary data, testing, etc. The buyer is obliged to pay these costs immediately but no later than fourteen days from the termination of the complaint procedure. Without payment of the incurred costs the goods that are the subject of the complaint will not be released to the buyer.
d/ Goods cannot be claimed because of inaccurate data and photos posted on the website of the seller.
e/ In the case of exchange of goods on the basis of a justified claim the seller pays the costs of transport to their premises as well as the costs of the transport of new goods back to the buyer.
f/ If a defect is non-removable, however not preventing the intended use of the goods, the buyer is entitled to a reasonable discount on the purchase price; in the event that such defect significantly deteriorates the possibility of using the product the buyer is eligible for exchange of goods for perfect goods the age and wear of which correspond to the claimed item.
g/ The justifiability of each claim and the evaluation of reparability or irreparability of that defect shall be performed by a specialist (sales representative) employed by the seller. The standpoint of that specialist will be communicated to the buyer. If the claimant disagrees with the decision of the responsible person they may address the company owner or the representative of the seller.
h/ The claimant may not change any raised claims, unless specified otherwise.
i/ The seller is obliged to announce the result of the complaint procedure to the claiming party subject to the fulfilment of all obligations arising out of this Complaints Procedure.
j/ In the event that the buyer requires the delivery of new defect-free goods before returning the claimed ones or before the end of the complaint procedure, the seller will charge for those goods. If the complaint is settled, a credit note will be subsequently issued.
k/ The Complaints Procedure cancels the previous Complaints Procedure and is valid from January 1, 2014.
In Vsetin, on: 30.12.2013
On behalf of STIN KOVO s.r.o.
Ing. Karel Peltsarszky