These Complaint Rules form an integral part of the Framework Purchase Agreement concluded with the Seller, Remarkplast compounding a.s., ID: 044 69 577, based in Bohuslavice 123, Post Code 798 56, listed in the Commercial Register kept by the Regional Court in Brno, file ref. B 7402.
1. Before ordering gods, the Buyer must become acquainted with the Complaint Rules.
2. By sending an order or signing a contract, the Buyer confirms that he has become acquainted with these Complaint Rules, including the notification before signing the agreement and agrees with the rules as amended at the time of sending the order. The Complaint Rules form an integral part of each sales contract between the Buyer and the Seller.
3. The concepts as defined by these Complaint Rules take precedence over those in the Framework Purchase Agreement. If a concept is not defined by these Complaint Rules, its meaning will be understood as that defined by the Framework Purchase Agreement. In the event that it is not even defined by the Framework Purchase Agreement, its meaning will be that used by the general regulations.
4. These Complaint Rules of the Buyer are available at the Seller’s website and, as a printed document, at the Seller’s registered office.
RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE
1. The rights and duties of the Parties resulting from defective performance shall be governed by general regulations, including but not restricted to the provisions of Sections 1914 through 1925, 2099 through 2112 of At no. 89/2012 Coll., the Civil Code as amended (hereinafter CC).
2. The Buyer will receive from the Seller the agreed quantity of goods of the agreed quality.
3. The Seller will guarantee to the Buyer that, when the risk of damage to a thing is being transferred, the goods:
- (a) have the properties agreed on by the Parties and, if the Parties have not agreed on such properties, have properties as declared by the Seller or the manufacturer;
- (b) are of the quality or design as specified by a template (the Material Specification) provided that the quality or design has been specified by the template;
- (c) are in a quantity, measure or mass as required;
- (d) comply with the requirements of legal regulations.
4. A good is defective if it lacks the agreed properties. As a defect may also be regarded the delivery of a different good or errors in the documents necessary for the use of a good.
5. The Buyer shall not have the right resulting from defective performance, if the Buyer has known that a good is defective before accepting the good of if the Buyer himself has caused the defect.
6. Concerning the way a good is treated later by the Buyer, the Seller will not be responsible for the defects caused by the good being further stored, processed, mixed or used in any other way. From the moment a good is treated as above, the Seller will no longer be responsible for the good.
7. The Buyer should check on the quantity of the goods accepted, noting down the defects, if any, in the delivery note. Defective quantities claimed later on will be disregarded.
8. The Buyer must inform the Seller on the defective quality of a good immediately after such defects are detected or can be detected provided that due diligence is done and timely inspections made. This is without prejudice to the provision of paragraph 6 of this Article.
9. In the event of a complaint concerning the quality of a delivered good, the Buyer must submit the good in the original packing with a dispatch label that can be used to find information on the material delivered.
10. The rights resulting from defective performance will not apply to defects caused by, but not restricted to, the following:
- (a) mechanical damage to the goods;
- (b) using the goods in conditions inadequate to the environment directly defined by the Seller or Manufacturer;
- (c) inexpert handling, operation, or inadequate care taken of the good;
- (d) damage by excessive load or use at variance with the conditions listed in the documentation or with general rules;
- (e) unqualified operation or change of the goods parameters;
- (f) the goods being processed by the customer provided that the defect was the result of such processing;
- (g) the goods being damaged by an act of God.
CLAIMING RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE (COMPLAINT)
1. The Buyer will inform the Seller about the defects of a good immediately after such defects are detected or can be detected provided that due diligence is done and timely inspections made. The Seller will advise the Buyer to inform the Seller as soon as possible on the defects detected with the Buyer being obliged to complain to the Seller about the manifest defects within 3 days of accepting the good. The Seller should be advised by the Buyer about hidden defects immediately after such defects are detected or can be detected provided that due diligence is done and timely inspections made, however, no later than within 3 days of the detection.
2. The seller may complain to the Seller at the address of his registered office by e-mail, using the Seller’s e-mail address: firstname.lastname@example.org. The time of receipt of a complaint is defined as the time of the Seller receiving a notification from the Buyer of the complaint along with a description of the defect, the manner in which it shows, the frequency and date of its occurrence, with photographs attached of the defective good. When making a complaint, the Buyer should supply sufficient contact data (particularly the Buyers’ company title, address, telephone, and e-mail address) along with the chosen way of dealing with the complaint.
3. An appropriate accounting document or delivery note should be attached by the Buyer to the complaint plus the document of a previous complaint if this is a repeated complaint.
4. Once being fully advised on a complaint, the Seller should initiate dealing with the complaint. The Buyer is obliged to provide the cooperation needed. After advising the Buyer accordingly, the Seller may require a personal inspection of the allegedly defective good to be able to judge the defects and the Buyer is obliged to let the Seller carry out such inspection. Along with the Seller, such an inspection may also be attended by persons collaborating with the Seller, experts, and technical staff. If not allowed to carry out an inspection of the defective good by the Buyer, the Seller will not be considered in default on dealing with the complaint.
5. The complaint should be resolved within 60 days of being announced. This does not include the time needed to have a defect judged by an expert. The Buyer will receive from the Seller a written confirmation of the date and the result of the dealing with the complaint, or a justification if the complaint has been rejected. The period of 60 days may be extended after the complaint is submitted if so agreed with the Buyer.
6. In the event of defects being detected, the goods should be returned in the state in which received by the Buyer, otherwise the Seller will be entitled to reject the complaint, but the Seller will uphold a complaint if resulting from the usual wear or contamination.
7. The right resulting from defective performance cannot be claimed if the goods have already been further processed, mixed, or used in any other manner. The Seller will not be responsible for damage caused by the goods being processed, mixed or used in any other manner at a time after the defects are detected or can have been detected.
8. If defective performance constitutes a material breach of the contract, the Buyer will be entitled:
- (a) to have the defect removed by receiving a new faultless good unless this is inadequate due to the nature of the defect, but, if the defect only affects part of the good, the Buyer can require that only this part should be replaced. If this is, however, inadequate due to the nature of the defect, especially if the defect can be put right without unnecessary delay, the Buyer will be entitled to a removal of the defect free of charge;
- (b) to have the defect removed by the good being repaired;
- (c) to a reasonable purchase price reduction, or
- (d) to a withdrawal from a particular sales contract.
9. If defective performance constitutes only a minor breach of the contract, the Buyer will be entitled to having the defect removed or to a reasonable reduction in the purchase price.
10. Once the Buyer has chosen the manner of dealing with a complaint, this can no longer be changed without the Seller’s consent, however, this does not apply if the Buyer asks for a defect to be removed that has proved to be irreparable. If the Seller fails to remove the defects in a reasonable time or notifies the Buyer of not removing the defects, the Buyer will have the same rights as in the case of a minor breach of the contract.
11. Until the Buyer exercises his right to a reduction in the purchase price or withdraws from the contract, the Seller may supply the missing parts or remove a legal defect. Other defects may be removed by the Seller at the Seller’s discretion by either repairing the good or supplying a new one.
12. If the Seller fails to remove a defect in time or refuses to remove such a defect, the Buyer may demand a reduction in the purchase price or may withdraw from the contract. Once the Buyer selects an option, it can no longer be changed without the Seller’s consent.
13. If a new good is supplied, the Buyer, at his cost, will return to the Seller the originally supplied one.
14. Neither of the Parties is entitled to a compensation for the costs of the dealing with a complaint.
1. These Complaint Rules will come into effect on 1. 6. 2017 superseding any previous agreements between the Seller and the Buyer concerning issues regulated by these Complaint Rules, including but not restricted to the rights resulting from defective performance and the claiming of such rights.
2. All complaint-related procedures will be governed by the current laws of the Czech Republic being binding on both Parties.
Remarkplast compounding a.s.