Warranty Claim Policy

This Warranty Claim Policy is effective as of 25.3.2014 and supersedes all previous Warranty Claim Policies.

I. General provisions

1. This Warranty Claim Policy describes the normal business cooperation between a Buyer and the Seller. The Buyer is obliged to get acquainted with Warranty Claim Policy and General Terms and Conditions of Sale before ordering any goods. By accepting goods from the Seller, the Buyer agrees with the Warranty Claim Policy outlined below. Should the goods not be taken over by the Buyer personally, the handover of goods shall be understood as the moment the goods are handed over to the first carrier.

2. As a document of warranty (warranty certificate), the Seller will issue for each item purchased a bill of sale (invoice or purchase certificate – further on referred as warranty certificate) containing all necessary data for submission of a warranty claim (item description, warranty period, unit price, number of items, serial number…).

3. The text of this Warranty Claim Policy is available at the seat of the Seller or on www.regulace.org.

II. Warranty period

1. The warranty period begins when the Buyer takes delivery of the goods, i.e., on the day listed on the warranty certificate. The legal warranty period is generally 24 months* for end user**. The Seller may extend this warranty period. The length of warranty period is always stated on the waranty certificate. Warranty period consists of legal warranty period(24 months) and extended warranty period.

2. During the legal warranty period, claims are governed by Civil Code No.40/1964 Coll., Sections 619-627, with consideration to this Warranty Claim Policy. For extended warranty periods, warranty claims are governed exclusively by this Warranty Claim Policy.

3. The guarantee of services rendered is 3 months if it is not agreed longer by contract.

4. The guarantee pauses from a day of claim use until time when purchaser is obligated to take over the thing. Then the guarantee is extended settlement of a claim later.

5. The seller does not settle a claim after a period of the guarantee.
   
   * Exception may apply for discounted goods (damaged, used, incomplete goods etc.) – so called Bazar or Sellout
   ** Some products are covered by 12 months warranty from the manufacturer. This applies to cases when the goods were purchased by client using the commercial ID number. In such a case all obligations are governed by Commercial Code.

III. Terms of warranty

1. We recommend the Buyer to check the condition of goods (consignment) right before accepting it from forwarder (number of packages, intactness of tape with companys logo, damage of box) and to reject the taking over of the damaged consignment. Eventual damage or incompleteness of the consignment caused by the forwarder needs to be settled with the forwarder and not with the seller.

2. As the seller will provide necessary assistance to the buyer in such a case, we recommend the buyer to inform the seller on regulace@regulace.org as soon as possible. If the Buyer accepts the packaging showing obvious damage or incompleteness from the carrier and confirms that by signing the delivery note then it is not possible to additionally make a warranty claim.

3. When parcel delivery services or public transport are used, the claims for products damaged during the transportation shall be governed by the forwarding agent’s Complaints Policy and by the respective regulations of the Civil or Commercial Codes. The seller can not be held responsible for goods damaged during the transportation.

4. The Buyer is entitled to submit the warranty claim to the seller only for faulty goods which were purchased from the Seller. Claim has to be raised before the expiration of the warranty period. (see warranty certificate – bill of sale).

5. In case of waranty claim the defective goods may be sent to the seller’s seat by mail or via forwarder. The package must be visibly marked “REKLAMACE” and should contain the goods being claimed (including all accessories), a copy of the bill of sale, a detailed description of the defect, and sufficient contact information for the Buyer (return address, telephone number). Goods sent at the expense of the Seller will not be accepted! Cost of return delivery (after settlement of a justified warranty claim) will be paid by the Seller.

6. The Seller is not liable for defects about which the Buyer was informed at the time when the purchase agreement was concluded. In case of sale of used item, the Seller is not liable for defects corresponding to the degree of use or wear of the item before it was taken over by the Buyer.

7. The Buyer has to prove the validity of warranty by submitting the bill of sale, and if the goods have been previously claimed under warranty, he must also submit that previous warranty claim. The serial numbers on the bill of sale (or warranty claim) must be the same as on the claimed product (provided it has a serial number).

8. The Seller does not guarantee the full compatibility of the components sold with any other components not approved by the Seller’s staff, nor with software applications the operability of which were not expressly requested by the Buyer in his written purchase order.

9. The warranty does not apply to damages arising through the use of incorrect or flawed programming equipment or incorrect auxiliary materials, neither to any subsequent damages resulting from such use. The warranty also does not apply to defects caused by poor service, inexpert or inappropriate treatment, use, or installation which are in contravention of the user’s manual, or the deleterious effects of connecting to an electricity supply. The warranty also does not apply to equipment damaged by excessive mechanical wear and tear.

10. The Seller does not guarantee the full functionality of software applications in versions which are not appropriate (have not been created) for the operating system ordered. The Seller bears no liability for any eventual problems caused by the limited functionality of applications which do not meet this requirement.

11. The warranty does not apply to wear and tear of the item caused by other than normal use. For items sold at a reduced price, the warranty does not apply to the flaws due to which the reduced price was agreed upon.

12. The warranty does not apply to goods with damaged protective seals, information labels, serial numbers, etc. Protective seals and serial numbers are an integral part of the product and do not restrict the right of the customer to use and manipulate with the goods for the intended purpose.
    
    Furthermore, the warranty does not apply to defects caused by:
    

    a) mechanical damage to the goods
    b) electrical overload (visibly burned components or circuit board)
    c) use of the goods under conditions which do not correspond to those of an office environment due to temperature, dustiness, humidity, chemical or mechanical influences (this does not apply to equipment designed for work in precisely such conditions)
    d) inexpert installation, handling, service, or failure to care for the goods
    e) damage to the goods in whole or in part by a computer virus
    f) a flaw connected only with software for which the customer is not able to prove he is a legal user, or through the use of unauthorized software and auxiliary materials
    g) damage to the goods through excessive load, overuse or use in contravention of the conditions listed in the documentation or of general principles
    h) performance of an unqualified intervention or modification of parameters
    i) goods modified by the customer (painted, bent, etc.)
    j) incorrectly performed upgrade of the firmware
    k) damage to the goods by natural elements or force majeure

13. Should the goods concerned be software, the warranty covers only the physical legibility of the software medium (the medium must not be scratched, etc.). At the moment the means of protection are removed (wrapping, seal, opening envelopes, etc.) the Buyer becomes an authorized user of the software product and accepts the licensing terms of the software producer.

14. The warranty covers the material defects, functional failures and flaws resulting from the production process, assembly, or installation of the goods performed by the Seller’s staff.

15. Goods submitted for warranty claim processing will be tested only for the defects stated by the Buyer in writing on the Warrant Claim Form (or on the attached document with the description of the defect).

16. At items that are sold for lower price, the seller does not apply to defects for which the lower price was negotiated.

IV. Warranty claims processing

1. If the failure can be eliminated, the goods will either be repaired or exchanged for new ones. In exchange for the defective goods the Seller is authorized to give the Buyer goods with the same or similar parameters or user features. Should neither exchange nor repair be possible and should the nature of the defect prevent the goods from normal use, the Seller can agree with the Buyer on an appropriate reduction in the purchase price of the goods. (When such a reduction is made, the defect cannot be subsequently claimed under warranty). In the event of the impossibility of a warranty claim being settled under the options listed above, the Buyer will be issued a credit note.

2. Should it be impossible to repair the defect and should the defect prevent the proper use of the item (i.e., its use as if there were no defect), the Seller will exchange the defective goods for goods with the same or similar user features or issue a credit note.

3. For products which have been repaired 3 times due to the same defect, warranty claim can be also settled by a credit note issued in the buyer’s favour.

4. The warranty claim will be processed by the Seller without unnecessary delay and within maximum of 30 days from the date the Buyer submits the warranty claim. This period does not apply for the Buyer who bought goods using the commercial ID number. In such a case the Buyers relation with the Seller is governed by Commercial Code.

5. After an accepted claim is processed, the warranty period shall be extended by the time it took to process the claim. The warranty period is not extended in cases of unauthorized claims. If the claim was settled by exchanging the goods for new ones within the legal warranty period, the warranty period starts over again from the date the claim was settled. If the claim was settled by exchanging the goods, the next eventual claim shall be considered the first claim for those goods (The warranty claim processing period starts on the day following the receipt of the goods by the Seller and ends the day the claim is settled. It does not extend to the day when the buyer collects the goods!)