Clams resolution rules Byecold. s.r.o.
1.1 These Claims Resolution Rules have been worked out by the company Byecold.eu s r.o., Comp. Reg. No.: 093 61 944, entered in Commercial Register of the Brno City Court, file ref. C 118399, registered address 69501 Hodonín, Na Výhoně 4400 (hereinafter referred to as “Supplier”) pursuant to Act No. 9/2012 Col., Civil Code, as amended; these Rules relate to goods sold by the Supplier to his Customers, about which a complaint was filed in accordance with these Claims Resolution Rules.
1.2 Each product is accompanied by an invoice/receipt which can also be used as a guarantee document, if this is not enclosed (in dependence on the producer and sort of goods).
1.3 With the signature of the delivery note the Customer confirms the acceptance of goods and his/her consent to the guarantee, if he/she did not agree to the guarantee conditions by signing the corresponding frame contract concluded between the Customer and the Supplier.
1.4 If the Customer finds any difference between the order, the invoice, and the delivered goods (sort or quantity of goods), or if the Customer did not receive a correctly issued invoice/delivery note alongside the goods, he/she is obliged immediately (but not later than within three working days) to contact the dispatch department of the Supplier at e-mail address: email@example.com, or by phone at phone number 601 166 878. If he/she fails to do so, he/she is exposed to the risk that the complaints about the above-mentioned facts, filed later, will not be acknowledged.
2.1 In accordance with these Claims Resolution Rules, the word guarantee terms the contractual guarantee. The Supplier offers the Customer the guarantee for goods quality, and he undertakes that the goods will be capable to be used for a common purpose during a certain period of time, or that the goods will maintain their common properties. The Supplier provides guarantee for particular kinds of goods specified in the invoice or in another accounting document, and simultaneously in a corresponding document about goods delivery or in delivery note. The duration of the guarantee is mentioned in the delivery note or guarantee document.
2.2 The contractual guarantee shall apply to the cases when the Customer is an entrepreneur, whereby the purchase relates to his/her business activities.
2.3. The contractual guarantee applies to failures and defects which originate in the production, in the material used, or in the method of processing. The Supplier is obliged to comply with his obligations resulting from the contractual guarantee only if the Customer is not in delay with the payment for the subject-matter of the transaction.
2.4 The contractual guarantee does not apply to wear and tear of the goods, caused by their common use, and it also does not apply to defects caused by such use, or by an installation which is incompatible with operating instructions or with terms and conditions mentioned in these Claims Resolution Rules (see below), or with terms and conditions which are commonly known to use the particular type of goods; furthermore, the contractual guarantee does not apply to defects caused by non-compliance with the instructions for maintenance and operation of the goods, and to defects resulting from incorrect transport and incorrect storage, as well as those caused by non-professional or disproportionate treatment, by exposing the goods to unfavourable external influences, by operation under conditions with are in contrast to those defined by the producer or supplier, or by unusual conditions; furthermore, the contractual guarantee does not apply to physical damage, to defects caused by unavoidable event (fire, water etc.), weather influences, lightning or electrostatic discharge, excessive mechanical wear and tear; the contractual guarantee does not apply to defects caused by the use of incorrect or defective software, and by the use of consumable material or accessories other than those explicitly recommended by the producer of the goods. The subject-matter of the guarantee does not apply to common maintenance, service, cleaning, and similar acts prescribed by the producer in the operating instructions. The contractual guarantee does not apply to the wear and tear of goods parts, for which the producer limited the lifetime of such a part, if this lifetime was exceeded; and to natural wear and tear of parts as a consequence of the use of goods recommended by the producer.
2.5 The contractual guarantee period begins on the day on which the Customer took over the goods. If the goods are replaced within the contractual guarantee, then the guarantee period for the replaced goods will run from the end of the original contractual guarantee period for the claimed goods, unless explicitly otherwise agreed. In the case of goods replacement, the Customer will receive a new guarantee document which will include the new and the original production number of the goods. The possible subsequent complaint shall be filed based on this document.
2.6 The guarantee period does not cover the time from filing the justified complaint up to the moment when the Customer takes over the repaired goods.
2.7 The contractual guarantee also expires:
a) if the operation conditions are not respected, or if regular and common user’s maintenance is not carried out in accordance with the operating instructions or with the commonly known conditions for the use of the particular type of goods;
b) if a change was made on the delivered goods, or if data in the guarantee document or another type of documentation were altered;
c) in the case of an unauthorised interference by a person who was not explicitly authorized by the producer to carry out the interference;
d) when the goods were damaged as a consequence of connection to a network which does not comply with the corresponding CSN;
e) if the goods were used in conditions, the parameters of which do not correspond to the parameters mentioned in the operational documentation;
f) if trademarks and seals, if applicable for the goods, were breached.
Non-compliance with guarantee conditions results in the loss of Customer’ s rights relating to the contractual guarantee.
2.8 Solely following Customer’s rights arise from the contractual guarantee for defects:
a) in the case of removable defects, the Customer has right to a free-of-charge removal of defects to which the guarantee relates and which occur during the guarantee period for the goods, providing the below-mentioned guarantee terms and conditions were complied with. The removal of defect means a repair or alteration of goods, or a replacement of goods by faultless goods of the same sort and with identical or better parameters, whereby the Supplier is entitled to choose the method in which the defect will be removed. The repair of a defective part of goods can be made by replacing this part by an identical part, or, if there is not such a part available for the producer or the Supplier, then by a part with similar or better parameters, so that the functionality of the repaired goods can be fully renewed.
b) in the case of irremovable defects, the Customer has right to the replacement of goods by goods with identical parameters (if this is not possible or economical due to fast innovations, then with better parameters).
3.1 The Customer demonstrates his/her entitlement to the guarantee by the guarantee document, if this was delivered to the Customer; otherwise by the delivery note or the invoice. Simultaneously, the Customer has to submit all documents in accordance with Annex 1 to these Claim Resolution Rules. If these documents are not submitted, the claim will not be accepted.
3.2 The Customer is to deliver, at his/her own expenses (if not otherwise agreed upon) and risk, the goods he/she has filed a complaint about to Supplier’s address. If the defect is acknowledged there to be a defect covered by the guarantee, the goods will be free-of-charge repaired, altered, or replaced in accordance with Art. 2.8 of these Claims Resolution Rules.
3.3. The service centre to deal the complaint with shall invite the Customer to take over the goods, or the centre shall send the goods back, at the expenses and risk of the Customer. Then the Supplier is entitled to issue a tax document (invoice) to the Customer at the amount of provable costs. The tax document has to comply with all the data given by legal rules.
3.4. The Supplier reserves the right to replace the defective and unrepairable goods by another goods with identical or better parameters. In the case of unjustified complaint, the repair shall be invoiced in accordance with the current price list for service works.
3.5 Guarantee repairs are also subject to a guarantee period of six months, but solely for the defect which was removed through the particular repair.
3.6 If the goods is damaged during transport, this defect has to be solved with the forwarding agent at the acceptance of goods within three working days and in accordance with forwarding agent’s instructions. Subsequent claims and complaints will not be taken into consideration.
3.7. Each justified claim and complaint shall be resolved without undue delay, and the Supplier shall do his best to solve the claims within thirty days after the claim or complaint was received, whereby the Supplier is not bound by this time limit.
4.1 Notification on Claim
4.1.1 The Customer reporting the claim for the goods purchased from the Supplier is obliged to send his/her claim to firstname.lastname@example.org
– identifying data of the one who files the claim
– description of the product and defect
– necessary enclosures (invoice, delivery note, service protocols, documents about regular service etc.)
4.1.2 The answer sent to the registered Customer by email shall include the number of claim and the method of its resolution. If the Customer brings the goods to the registered address of the company Byecold.eu.s. r. o., Na Výhoně 4400, 695 01 Hodonín, or if he/she sends the goods to the company, is up to his/her decision.
4.1.3 The communication with the registered Customer runs through the registered email. The Customer is responsible for the correctness and validity of data given in his/her registration. The technician in charge with claims and complaints shall complete and confirm the acceptance of the claim, when he takes over the goods under complaint, or when he visits the place of installation.
4.1.4 If the Customer does not deliver (send or hand over in person at a Supplier’s branch) the goods under complaint, of if he/she does not submit necessary documents within thirty days after the notification of the claim, the claim procedure shall not been commenced; after expiration of this period, the claim shall be considered to be closed. In the Customer does not deliver the documents required by the Supplier, the goods shall be sent back to the Customer.
4.1.5 The Customer is obliged to enclose a printed claims protocol to the goods he/she sends to Supplier’s service centre.
4.1.6 If the Customer wants to require additional costs associated with the defect of the product (damage), he/she has to do so alongside the submission of the claim, whereby he/she is obliged to submit necessary documentation – the protocol about damage, the protocol about damage drawn by the insurance adjuster, and the corresponding photo documentation. If the Customer is informed about the additional costs after he/she filed the complaint, he/she has to claim his/her right immediately, as soon as he/she was informed about it, and also he/she is obliged to submit necessary documentation. Simultaneously, he/she is obliged, immediately after such additional costs arise, to inform the Supplier and to allow him to check the place of the harmful event in person.
4.2 Acceptance of the Claim
4.2.1 The claim is considered to be accepted, when the goods is delivered to the address of a Byecold.eu.s.r.o. facility, or when a technician in charge of claims and complaints visits the place of installation, whereby the claim has to be first communicated by email to email@example.com so that the claims can be accepted and the claims procedure can be commenced.
4.2.2 The technician in charge of claims and complaints is to exam the text of the claims / complaint, the submitted documentation, and the product under complaint, or the system shall evaluate if the claim is justified or not.
4.2.3 The claim/complaint cannot be considered to be justified, and it shall not be accepted in the following cases:
a) the product is no longer covered by the guarantee period;
b) no necessary documentation for the particular product or system was submitted (see Annex 1);
c) the product is visibly damaged due to incorrect assembly made by another person than by the Supplier, or due to unsuitable conditions for operation;
d) the technician in charge of claims and complaints was not allowed to enter the place of installation of the product under complaint;
e) conditions of operation changed between the time when the complaint was filed and the time of the visit of technician in charge of claims and complaints;
f) other reasons mentioned in these Claims Resolution Rules, especially provisions 2.4. and 2.7. of these Claims Resolution Rules.
4.3. Inspection in the Place of Installation
4.3.1 If the Supplier needs to find out the exact conditions for operation, he is entitled to request an inspection in the place of installation and to receive particular information about the operated device. If the Customer does not provide needful cooperation, the claim shall not be accepted.
4.3.2 If the adjustment and operational conditions for a particular device changed before the visit of the technician in charge of claims and complaints, the right to the claim acknowledgement expires.
4.3.3 On the inspection day, the technician in charge of claims and complaints, a representative of who filed the complaint, and possibly a representative of the device operator shall arrive at the place of installation.
4.3.4 The connection and operational parameters shall be examined, and the protocol about the inspection of operational conditions for a particular device shall be drawn.
4.4. Claim Settlement
4.4.1 If the claim is recognized as a justified one, it shall be resolved in accordance with the above-mentioned provisions of these Claims Resolution Rules.
4.4.2 If the claim was assessed to be unjustified, the Customer shall be charged the incurred costs. A possible repair shall be invoiced in accordance with the valid pricelist for service works.
4.4.3 If the claim is not recognized, the Customer shall be given a period of ninety days to collect the goods at the address of Supplier’s facility; or the goods shall be sent to the address of dispatch, upon an agreement and announcement sent to his/her email address, or to Customer’s address as to the invoice or delivery note.
4.4.4 If the Customer wants to collect the goods in another way than are those mentioned in Art. 4.4.3, he/she is obliged to inform the Supplier about this fact in advance, and to mention the way in which the goods shall be collected.
List of documents necessary to accept the claim
- Infrared panels: invoice, guarantee document, operating instructions according to which the product was put into operation;
- Thermostats: invoice, guarantee document, operating instructions according to which the product was put into operation;
At discretion of the technician in charge of claims and complaints, also other documentation (e.g. photo documentation, related inspection reports about tests, operational logs, protocols about trainings of operators etc.) can be required.