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WARRANTY CLAIMS PROCEDURE

I. General Provisions

1. This Warranty Claims Procedure is an integral part of the Terms and Conditions issued by the vendor, TRUE TRAC s.r.o., Co. ID No. 270 87 611, registered office Prague 8 - Dolní Chabry, Dopraváků 723/1, postcode 184 00, inc. in the Commercial Register kept by the City Court in Prague, section C, file 95315.

2. By entering into a purchase contract and accepting the goods, the Buyer agrees with this Warranty Claims Procedure. The Buyer is required to familiarise him/herself with the Warranty Claims Procedure and the Terms and Conditions before ordering any goods. Both documents are available on the website of the seller.

3. A proof of purchase (invoice or receipt – hereinafter the “warranty certificate”) with all required data for claiming under warranty (name of goods, length of warranty, quantity, serial number) is issued by the Vendor for each/all purchased goods; this serves as proof of warranty (warranty certificate).

II. Length of Warranty

1. The warranty period shall begin to elapse on the date of acceptance of the goods by the Buyer.

2. For sale of consumer goods, the warranty period under the law is 24 months for the consumer. Goods bought with a discount may be an exception (damaged, used, incomplete etc. goods – such descriptions are always specified – if not, the goods shall be considered as new, undamaged and complete).

3. For items sold for a reduced price due to defects or incompleteness, the warranty shall not apply to the defects which were the reason for the reduced price.

4. The length of the warranty period is always specified in the warranty certificate (in the “warranty” column). The right to make liability claims against defects in goods for which a warranty period applies shall expire if not exercised within such warranty period.

5. If the Buyer is a consumer, during the legal warranty period the warranty shall be governed by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both Acts amended as currently applicable and effective, taking into account the details in this Warranty Claims Procedure.

  

6. The warranty for a buyer who is not a consumer is limited for selected products. This fact is always indicated accordingly for the product in question.

III. Conditions of Warranty

1. Claims may be made at the commercial premises of the Vendor, TRUE TRAC s.r.o., in Prague, Dolní Chabry, Dopraváků 723/1, postcode 184 00.

2.  The Buyer may deliver the defective goods personally or send them using a parcel delivery service to the address of the Vendor’s commercial premises or to an authorised service centre. The goods claimed against or returned must be thoroughly packed so that damage may not occur during transport; the word “REKLAMACE” should be marked clearly on the parcel, which must contain: the goods being returned (including any and all accessories), a copy of the proof of purchase, a detailed description of the defect and sufficient contact details of the Buyer (i.e. return address and tel. no.). Otherwise it may be impossible to identify the sender and what defects are involved.

3.  The warranty shall not apply to defects resulting from incorrect or defective software equipment, incorrect consumables, nor shall it apply to loss or damage which is a consequence thereof, unless such use is customary and was not discouraged in the user manual. The warranty shall also not apply to defects arising due to incorrect operation, unprofessional or unsuitable handling, use and installation, at variance with the user manual, or damage due to the effects of a power surge in the power supply (e.g. by lightning) with the exception of ordinary fluctuations.

The warranty also does not apply to damage arising from:

a. mechanical damage to goods,
b. power surges (visibly burnt parts or circuit boards) with the exception of ordinary fluctuations,
c. use of the goods in conditions that fail to comply with those specified by the Vendor or the manufacturer regarding temperature, dust, dampness, chemical and mechanical influences of the environment,
d. unprofessional installation, handling, operation, or neglected care for the goods,
e. if the goods or a part thereof are damaged by computer virus,
f. if the defect arises only when using software for which the customer is unable to substantiate its legal acquisition or when using unofficial software and consumables,
g. if the goods have been damaged due to excessive overloading or use at variance with the conditions of use specified in the documentation or with generally accepted procedures,
h. due to unqualified interference or change of parameters,
i. goods which have been adapted by the customer (painting, bending etc.), if the defect has arisen due to such adaptation,
j. due to an incorrectly performed BIOS or firmware upgrade,
k. goods damaged by natural elements or force majeure.

4.  By breaking protective seals, information stickers or serial numbers, the customer risks rejection of claims under warranty, unless the damage occurs during ordinary use. The seals and serial numbers are integral parts of the product and do not in any way restrict the customer’s right to use and manipulate with the goods to the full extent for which the goods are designed.

5. The Vendor shall be entitled to reject claims under warranty in cases where the goods in question and/or components thereto are soiled or fail to satisfy the basic conditions for hygienically safe handover of goods into the claims and returns procedure, unless this concern commonly accepted soiling.

IV. Method of Processing Claims and Returns

A. Buyer - Consumer

1. In case that the item at take over by the Buyer does not have the properties specified in § 2095 and § 2096 of the civil code, the Buyer shall be entitled to require the Vendor to restore the item to a condition corresponding with the purchase contract, free of charge and without undue delay, involving, at the request of the Buyer, either exchange of the item or its repair. Should such a step not be possible, the Buyer may demand an adequate discount from the item price or withdraw from the purchase contract. This shall not apply if, before acceptance of the item, the Buyer knew of its non-compliance with the purchase contract or the Buyer him/herself caused non-compliance with the purchase contract. Non-compliance with the purchase contract manifesting itself over the course of six months from the date of acceptance of the item shall be considered to be a variance existing before acceptance of the item, unless this contradicts the nature of the item or unless it is proven otherwise.

2. Characteristics according to the provisions §2095 and § 2096 of the civil code in particular mean that the thing being sold is of agreed quality, quantity and design or the quality and design of the apparent purpose following from the contract, or usual purpose, and that it complies with the legal requirements.

3. Whilst making a claim under the legal warranty, the Buyer-consumer has the following rights with respect to the nature of the defect: in the case of an eliminable defect, the right to charge-free, due and timely elimination of defects or parts thereof, unless this is unreasonable with respect to the nature of the defect. If such a procedure is not possible, the Buyer shall be entitled to an adequate discount from the purchase price or to withdraw from the purchase contract, in of an ineliminable defect which prevents due use of the goods, the right to exchange the goods or withdraw from the contract; the consumer shall have the very same rights also in case of an eliminable defect which prevents the Buyer from due use of the item due to repeated occurrence of the defect after repair or due to a large number of defects. Repeated occurrence of a defect means that the same defect preventing due use has already required elimination twice and occurs for a third time.  A large number of defects means at least three defects preventing due use, in the case of a different ineliminable defect and if the consumer does not demand exchange of the item, such consumer shall be entitled to an adequate discount from the purchase price or to withdraw from the purchase contract.

4. The choice of the method of processing a claim is up to the Buyer. The Vendor may advise the Buyer of any inappropriateness of the Buyer’s choice and suggest an appropriate method (e.g. if the Buyer chooses a method applicable to an eliminable defect, but the Vendor establishes that the defect is ineliminable). If the consumer fails to choose the method of processing a claim within the adequate period of time provided by the Vendor, the Vendor shall make the choice.

5. If a discount has been provided, no claim may be made on the goods against the defect for which the discount was provided.

6. If the Buyer is a consumer, the Vendor shall decide on claims immediately, in complex cases within three working days. A period of time necessary for professional elimination of the defect adequate to the type of product or service shall not be included in the deadline above. The Vendor shall process the claim or return, including the elimination of the defect, without undue delay and at latest within 30 days from the date on which the claim has been made. The 30-day deadline may be extended after a claim has been made following an agreement with the consumer – such extension may neither be made for an indefinite period nor for an unreasonably long period of time. On expiry of this deadline, it is assumed that the defect on the item existed and the consumer shall have the same rights as if it were a defect which cannot be eliminated. Such deadline shall not be binding for a Buyer who is an entrepreneur.

7. The Vendor shall issue the Buyer with a written confirmation stating when the claim was made, what the claim comprised and which method for processing the claim has been demanded; such confirmation shall be issued immediately in the case of claims made in person - in all other cases by e-mail immediately upon receipt of the claim; followed by the issuing of a confirmation of the date and method of processing the claim, including confirmation of performance of a repair and the duration of the claim process, and, if applicable, the reasons for rejection of a claim.

B. Buyer / entrepreneur:

1. In the case of a defect which can be eliminated, the goods shall be repaired. If repair is not possible and the nature of the defect does not prevent ordinary use, the Vendor and the Buyer may agree upon an adequate discount on the price of the goods.

2. In the case of a defect that cannot be eliminated and which prevents the item being duly used in the same way as an item without such defect, the Vendor shall be entitled to exchange the goods for goods of the same or similar utility value or to issue a credit note.

C. Common Provisions

1.  On completion of processing a justified claim, the warranty period shall be extended by the duration of the claim process. If the claim is not justified, the warranty period shall not be extended. If the claim has been completed within the legal time limit by exchanging the original goods for new goods, the warranty period shall start to elapse anew as of the date of completion of processing the claim. The duration of processing a claim is deemed to start on the day following the date on which the claim was made until the date of completion of the claim process, i.e. the date on which the Buyer is required to accept the item.

2.  On completion of processing the claim, the Vendor shall inform the Buyer either by telephone, by SMS text message or by e-mail.

3.  If the Buyer fails to collect the repaired or exchanged goods within one month of receipt of being advised of the completion of processing the claim, the Vendor shall be entitled to charge the Buyer the sum of CZK 100 for each week or part thereof in storage.

V. Final Provisions

This Warranty Claims Procedure is valid from 1 January 2014. This Warranty Claims Procedure is available at the Vendor’s registered office and commercial premises or as a document at www.true-trac.com.