The present Complaints Policy has been set up in accordance with Section 2079 et seq. of the Civil Code No. 89/2012 Coll. as amended, and it shall apply to the Goods offered by and purchased from PENTASHOT EU s.r.o., about which a complaint was filed by the customer in a proper manner.
Each item purchased from PENTASHOT EU s.r.o. (hereinafter referred to as the “Seller”) is accompanied by an invoice and a delivery note or a cash sale receipt with the specification of the product, which will be used as a warranty card at the same time. By taking over the Goods, the Buyer confirms its consent to the Warranty Terms of the Seller. If the Goods are not taken over with the customer´s personal presence, the takeover of the Goods shall mean the time at which the Buyer or its representative takes over the Goods from the carrier (by signing the delivery note).
The Seller shall be liable for defects that may occur during the statutory warranty period. For its own products supplied to the Buyer, the Seller grants a 24-month warranty period that begins to run from the date of taking over the Goods by the Buyer. Warranties based on the Commercial and Delivery Terms of the respective manufacturers shall apply to items supplied by other manufacturers (commercial goods).
II.
The Buyer shall inspect the Goods upon receipt or immediately after their delivery to the place of destination, if the Goods are transported by carrier. If the Buyer reveals any defects of the Goods immediately after their delivery to the place of destination, it shall claim the defects immediately after they have been revealed.
If the Buyer reveals a defect of the Goods before their use, it shall claim the Goods in writing directly with the Seller. The Buyer shall submit a valid proof of purchase of the Goods together with other documents or information that may be necessary for the settlement of the complaint (delivery note, invoice, cash receipt, damage survey report, cash sales receipt, etc.). The Seller shall fill in a product complaint form. The complaint will be dealt with promptly by the Seller and, in the case of disputed claims, no later than within 30 calendar days from the date on which the complaint was filed by the Seller, unless both parties agree otherwise.
If the Buyer claims about a defect of the Goods which occurred either directly during the use of the Goods or as late as after such use, the Buyer shall always lodge a written goods complaint. If the Buyer reveals a defect during the use of the Goods, it shall notify the Sellers thereof without delay. The complaint may not be recognized in full if the Goods are used despite their defectiveness. In addition to the documents mentioned in the preceding paragraph, the Buyer shall add to its complaint letter further documents and deliver further information as may be required by the Seller to handle such a complaint, e.g. a sample of the goods claimed, details regarding the use of the goods, methods of goods storage, photo documentation, etc. The Seller shall fill in a product complaint form that should include: product specification, defect identification, the manner and place of acquisition of the Goods, identification of the Buyer.
The Buyer shall pay for the claimed Goods within the agreed period regardless of whether the complaint has already been settled.
In case of the replacement or repair of the Goods, if the complaint is not dealt with immediately, the Buyer shall take over the replaced or repaired Goods from the Seller no later than within 5 calendar days from the delivery of the invitation to the takeover of the Goods, unless the Seller and the Buyer have agreed otherwise. If the Buyer fails to adhere to this deadline, the Seller will store the Goods in question at the expense of the Buyer.
III.
The Seller and the Buyer agree that the complaint can be recognized as legitimate only if the following conditions are met:
- The Buyer must always submit a proof of purchase of the Goods.
- A particular defect must always be described.
- The Goods must be used in accordance with the relevant documentation delivered with the Goods and in compliance with the applicable technical standards and safety rules.
- The Goods must not be used under conditions which, by their nature, exclude the use of the Goods.
- The defect has not been caused by a natural disaster, weather or violent damage.
Failure to comply with the complaints and claims conditions and non-adherence to the complaint filing practices under this Complaints Policy will cause the complaint not to be recognized. In such case, the Seller shall be entitled to claim against the Buyer for reimbursement of any costs that the Seller has reasonably incurred in connection with the complaint.
IV.
This Complaints Policy shall become valid and effective on 1 January 2017 and makes all prior provisions and practices applicable to the handling of the complains and to the Goods warranty null and void.
PENTASHOT EU s.r.o. reserves the right to change this Complaints Policy.