Warranty claims procedure

I. Introductory provisions

This warranty claims procedure is issued by 2VV s.r.o, the manufacturer and seller,
a company validly existing and organized under the laws of the Czech Republic with registered office Podebradska 289, 530 09 Pardubice, Czech Republic, registered at Regional court in Hradec Kralove, section C, Insert No. 7642 as an integral part of the General Business Conditions.

II. Quantity, quality, design and packaging of goods and defects in goods

1. The seller must deliver the goods in the quantity, quality, and design specified by the contract and must package or secure them for transport in the specified manner. If the contract does not specify the quality or design of the goods, the seller must deliver the goods in the quality and design appropriate to the purpose established in the contract, and if no purpose is established in the contract, then for the purpose for which such goods are generally used. If the contract does not specify how the goods are to be packaged or secured for transport, the seller must package the goods or secure them for transport in the manner commercially typical for such goods; if this manner cannot be determined, then in the manner necessary to preserve and protect the goods. If the seller breaches these obligations, the goods have a defect.
2. A defect in goods also includes delivery of goods other than those specified by the contract and defects in the documentation necessary for using the goods. However, if the goods’ delivery document indicates that the seller is delivering the goods in a smaller quantity or only a portion of the goods, this is not regarded as missing goods under the provision on defective goods.
3. The seller is responsible for defects in the goods at the time when the risk for damages to the goods passes to the buyer, even if the defect does not become evident until after this time. Furthermore, the seller is responsible for defects that arise after this time if they are caused by breach of his obligations. However, the seller is not responsible for defects about which the buyer knew or should have known at the time the purchase contract was concluded.

III. Quality warranty

1. The seller provides the buyer with a quality warranty on the goods. The seller promises that during the warranty period the delivered goods will be fit to use for the agreed purpose, or otherwise for the typical purpose that they have the agreed-upon or otherwise typical properties.
2. The warranty period is ordinarily 36 months from the day on which the goods are delivered to the buyer, if he has picked up the goods properly and on time; otherwise from the time at which risk of damage to the goods passes to the buyer. If the warranty certificate or other document delivered with the goods indicates otherwise, the valid warranty period is that indicated on the document delivered with the goods.
3. The time from exercise of a claim (defect liability rights) to the time when the buyer is obligated to pick up the goods after the end of the claims process is not counted as part of the warranty period.
4. Claims (defect liability rights) must be exercised during the warranty period and without unnecessary delay, immediately after the defect becomes evident.
5. If the claims process results in replacement of returned goods, the warranty period begins again from the time the new goods are picked up. If a defective part is replaced, the new warranty period applies to the replaced part.
6. Occurances not to be considered are, in particular, changes to the properties of goods during the warranty period that arise from their wear, improper use, inadequate or inappropriate maintenance, due to natural changes in the material from which the goods are made, due to any damage caused by the buyer or a third party, or any other improper or unauthorized intervention.
7. The warranty does not apply, in particular, to damages caused by incorrect set-up, faulty installation, handling, wiring, incorrect operation, improper electrical fuses, failure to observe the prescribed electrical voltage, unprofessional intervention, modification or disassembly, inappropriate use, improper storage, or extreme operating conditions, natural disaster, damage due to violence, or neglected maintenance.
8. The warranty becomes void upon intervention to the product by any person other than person qualified for such an intervention

9. The buyer is responsible for selection of the product for the intended purpose and use.

10. Removal of defects based on repairing the goods or replacing their parts on the premises of the buyer’s customer, including associated costs, must be carried out by the buyer at his own expense, and he does not have a claim to expenses from the seller.                            

11. If the product has specific warranty conditions that are indicated in the documents delivered with the goods, these prevail the provisions of the claims procedure.

IV. Inspection of goods, procedure for bringing claims

1. The buyer is obligated to inspect the goods as soon as possible after transfer of the risk of damage to the goods. If the buyer does not inspect the goods or does not arrange for them to be inspected at the time the risk of damage to the goods is transferred, he can exercise claims regarding defects identifiable during this inspection only if he proves that the goods already displayed these defects at the time risk of damage to the goods was transferred.
2. The buyer must notify the seller of the complaints without undue delay after the buyer has determined the defect or could have determined the defect with due professional diligence.
3. The buyer must report defects (i.e. make a claim):
o by e-mail to the address:
o in writing to the seller’s registered office: Podebradska 289, 530 09
Czech Republic
4. Complaints must include the goods’ serial number, if the goods have been assigned a serial number, photographic documentation and a detailed description of the goods’ defect. Alternatively, the buyer can transport the defective goods to the seller’s registered address.
5. The buyer must show proof of purchase from the seller. The buyer will prove purchase from the seller through an invoice (tax document) or receipt of payment for the goods’ purchase price. Without proof of purchase from the seller, the seller is not obligated to initiate the claims process.
6. If the alleged defect is insufficiently specified, the seller will send the buyer a complaint protocol by e-mail or post for possible elaboration, which the buyer is obligated to provide.
7. After preliminary assessment of the defect, the seller will inform the buyer as to whether he acknowledges the defect or if further professional assessment of the claimed defect is necessary (e.g. technical testing of the returned goods by the seller, preparation of an expert opinion, etc.).
8. If the seller does not acknowledge the alleged defect as valid, the seller must inform the buyer of the reason for rejection of the claim within 30 days from proper, timely submission of the complaint.
9. If the seller acknowledges the defect in the delivered goods, the complaint shall be resolved without undue delay no later than 30 days from the day on which the complaint is submitted. In justified cases, the employee in charge of the complaint can agree with the buyer on a later deadline; this does not apply to consumers. If the complaint is not resolved within 30 days or by the agreed later date after its submission, the buyer has the same rights as with a non-removable defect.
10. As soon as the buyer exercises any of the defect liability rights, he is bound to this declaration and cannot change his choice of exercised rights, unless agreed otherwise with the seller.
11. If the complaint is justified, the buyer has the right to reimbursement of reasonably incurred costs in the necessary amount. If the complaint is not justified, the buyer has no right to reimbursement of expenses he incurs; on the contrary, the seller has the right to demand reimbursement of expenses he has incurred in relation to the unjustified claim.
12. The buyer is entitled to be informed of the status of the complaint: by e-mail to the address which he states in the complaint.

V. Claims due to product defects

1. Removable defects are those that can be removed through repair or replacement of parts without the goods’ function and quality suffering.
2. If a removable defect arises, the buyer has the right to its proper, timely resolution.
3. In the case of a removable defect, the buyer has the right to replacement of goods or to withdraw from the contract only if:
               - The complaint has not been resolved by the 30th day after its submission (or other deadline agreed upon by the parties) and no other agreement has been made.
               - The buyer cannot properly use the goods due to removable defects repeatedly arising after repair or due to a large number of removable defects. Defects repeatedly arising after repair are those in cases where the same defect already removed at least twice during the warranty period arises again or if the any fourth defect arises. Goods suffer a large number of defects if during the warranty period at least three removable defects arise at the same time.
4. A non-removable defect is one that cannot be removed or whose removal is not appropriate in regard to all relevant circumstances.
5. If a non-removable defect prevents the goods from being used properly as non-defective goods would be, the buyer has the right:
               - to demand new, non-defective goods
               - or to withdraw from the purchase contract.
6. If the nature of the non-removable defect does not prevent the goods from being properly used as non-defective goods would be, and the customer does not demand replacement goods, he has the right to an appropriate discount on the purchase price or has the right to withdraw from the contract. Discounts provided take into account the nature of the defect.

VI. Closing provisions

This claims procedure is an inseparable part of the general business conditions of 2VV s.r.o.

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2VV s.r.o.

Fáblovka 568 Tel.: +420 466 741 891
  533 52 Pardubice Fax: +420 466 265 442
  Czech Republic E-mail: 2vv@2vv.cz

IČO: 62065467
DIČ: CZ62065467
registered at the Regional Court in Hradec Kralove,
section C, entry 7642

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