Complaints Policy
Complaints Policy in PDF format – download HERE
Article 1
Buyer’s (client’s) right to return defective goods
1. 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 (henceforth referred to as the “Seller”) is liable for the goods or work having the agreed quality, quantity, and workmanship according to the contract and being packaged in the manner set out in the contract or the general delivery terms and conditions. 2. If a defect occurs 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. 3. 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. 4. 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 not allowed to assess the installation on-site, no warranty is provided and the buyer (client) is not entitled to any claims arising from any defects in the goods. 5. 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. 6. The Seller accepts no claims for any reimbursement of costs or damages related to the return and/or replacement of a defective product unless it has expressly committed itself thereto by a contract. The buyer (client) waives any and all claims arising from product defects except the claims expressly set out in this Complaints Policy or agreed in a contract or claims that cannot be waived by law.
Article 2
Making a claim
1. 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 www.eshop.climax.cz). 2. 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). 3. 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. 4. The buyer (client) shall make a complaint without undue delay within the deadlines set out in Section 2112 and Section 2618 of the Czech Civil Code; otherwise any rights arising for the buyer (client) from product defects will lapse (the provisions of paragraphs 5 and 6 concerning the deadline for filing the claim in the cases specified in these paragraphs remain unaffected). 5. 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. 6. If the goods have been damaged or an incomplete delivery has been handed over by the Seller, the buyer shall make the claim no later than 14 days of receipt. 7. The Seller’s liability for defects shall expire upon the lapse of the deadlines under paragraphs 5 and 6.
Article 3
Acceptance of claims, warranty period
1. Acceptance of claims is conditional, in particular, on: (a) the claim being made for a defect the Seller is liable for during the warranty period and without undue delay; (b) compliance with the terms and conditions specified in the product price list, instructions for use and maintenance, and/or generally recognised rules for the use of the goods; (c) the defect not having been caused by unprofessional handling by the buyer (client)/user or wear and tear; (d) payment of the purchase price or the price of the work. 2. The warranty period is: (a) 48 months from the date of acceptance of the goods, unless the contract or warranty conditions for the product specify a different warranty period; (b) 12 months from the repair or modification of the goods in the case of the repair or modification of the goods. 3. 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. 4. 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. 5. Where the buyer’s (client’s) claim is resolved by replacing the defective goods with those free of defects, the new goods do not carry a new warranty period. 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.
Article 4
Remediable defects
1. 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. 2. 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. 3. 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.
Article 5
Irremediable defects
1. 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. 2. 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. 3. 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.
Article 6
Surface-finished parts
The buyer (client) acknowledges and agrees that: 1. the mechanical and physical properties of surfaces coated by powder paints meet the parameters specified in the paint manufacturer’s technical data sheet; 2. the tested mechanical and weather resistance characteristics are defined in the Qualicoat standard; 3. a single product may be surface-treated using different technologies, which may cause nuances in the colour shade; 4. the appearance of the product surface is assessed in daylight from a distance of 2 metres.
Article 7
Goods sold at lower prices
1. 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. 2. 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. 3. 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
Resolution of disputes
Any disputes resulting from the complaint proceedings shall be resolved by a court having jurisdiction over the registered office of the Seller (contractor). Any disputes shall be resolved according to Czech law.
Article 9
Final provisions
This version of the Complaints Policy becomes effective on 1 May 2021 and cancels any prior complaints policies issued by the company. Vsetín, 1 May 2021
Ing. Filip Kohout Head of Quality Division