MPM – QUALITY v.o.s.
738 01 Frýdek – Místek
Buyer’s right to faulty fulfilment (hereinafter referred to as “warranty claim”) must always be applied according to this warranty claim code. Matters which are not regulated by this warranty claim code follow the law regulations of the Czech Republic. Seller adequately introduces this warranty claim code to the buyer and if requested by the buyer, will provide this code in a printed form. This warranty claim code is formed according to the Act no. 89/2012 Coll. of the Civil Act and Act no. 634/1992 Coll. of the Consumer Protection Act as amended as of 1.1.2014.
The seller is not liable for defects in following cases:
- if the defect is on the goods in the time of purchase, for these defect there is a discount from the price of purchase negotiated,
- if the goods is used and the defect corresponds to the amount of use, which the goods had when purchased by the buyer,
- if the defect appeared on the item by wearing it down by usual usage, or if it arises from the nature of the item (e.g. expiration of lifetime period),
- is cause by the buyer and was created by incorrect usage, storage, improper maintenance, buyer’s intervention or by mechanical damage,
- defect arises from an external cause, beyond the influence of the seller.
Pursuing warranty claim
Buyer has the right to employ warranty claim with the seller, in any of the business places where the acceptance of the warranty claim is possible considering the range of products, if need be in the headquarters of the company. Seller guarantees presence of an employee authorised to deal with warranty claims in full working hours.
Buyer is obliged to prove his right for warranty claim, especially substantiate the date of the purchase, doing that by presenting purchase receipt, certificate about obligations of seller for faulty fulfilment of the warranty card, alternatively in other plausible manner. Buyer is not entitled to employ the warranty claim of defect that has already been criticised in the past, if an adequate discount from the purchase price has been granted on it.
If the employment of right for defects should cause crucial troubles to the consumer especially because the goods cannot be delivered to place of employment of warranty claim in an ordinary manner, or because the goods is installed into or is in any other way part of a building, the seller will assess the defect, after an agreement with the buyer, at the particular place or in another way. In this case, buyer is obliged to provide the seller with necessary cooperation.
Buyer - consumer can employ his rights from faulty fulfilment in period of 24 months from receiving the goods, buyer - entrepreneur can employ his rights from faulty fulfilment in period of 6 months from receiving the goods.
With used goods, the period for employing the rights from faulty fulfilment can be shortened to 12 months. Such shortening of period will be marked by the seller in the certification of the obligations of faulty fulfilment or on a sales receipt. Rights from faulty fulfilment cannot be employed with the seller after expiration of the period, unless the contract parties agree on different terms, or seller/manufacturer provides a special guaranty of quality beyond the lawful obligations.
Buyer employs his rights from faulty fulfilment as soon as possible after finding out a defect on the goods. Seller is not responsible for the enlargement of defect, if the buyer uses the goods knowing about the defect. If the buyer employs the defect rightfully to seller, the period for employing rights for faulty fulfilment does not run for the time the goods is in repair and the buyer cannot use it.
Buyer takes into considerations, that in the case of replacement of the goods under the terms of warranty claims, new period does not run for the rights for faulty fulfilment. The period ends after 24 (6) months after collecting the goods that underwent the warranty claim.
The period for employing the rights from defects does not stand for the lifespan of the goods. That differs according to nature of the goods, its maintenance and correctness and intensity of usage, or an agreement between the buyer and the seller.
Settlement of warranty claims
The seller is obliged to give a written confirmation to the buyer, in which he states the date and place of the warranty claims application, the nature of the criticised defect, the requested method of handling the warranty claim and a way in which the buyer will be notified about the completed warranty claim. The warranty claim including the removal of the defect must be handled without a further delay, no later than in 30 days from the day of the application of warranty claim, unless the seller and the buyer agree on a longer period. Unavailing expiration of this period is considered to be a significant violation of the contract. The seller is required to confirm the method of the warranty handling and its duration in written form to the buyer. The buyer is not entitled to change a selected method of handling warranty without seller’s consent unless the method selected by the buyer is impossible to execute fully, or to do so in time.
The buyer is obliged to collect the goods in warranty claim within 30 days from the last day, in which the warranty claim was supposed to be finalised. The seller is entitled to adequately charge the buyer for a storing the goods, or to sell the goods. The seller must notify the buyer about this process in advance, and must give him an adequate amount of time to collect the goods.
Quality of goods when receiving
Seller declares, that he hands over the goods to the buyer according to the Section 2161 of Civil Act, which means:
- the goods has qualities, on which the buyer and the seller agreed on, and if this agreement is absent, it has qualities, that the seller or the manufacturer described or which the buyer expected considering the nature of the goods and advertisement for this goods;
- the goods is suitable for the purpose which the seller presents for its use or for which this kind of goods is usually used;
- the goods is in corresponding amount, measure or weight and
- the goods meets all the requirements of the law regulations.
If the goods does not meet these aforementioned requirements when received, the buyer has the right for delivery of new flawless goods, if it is not inadequate considering the nature of the goods. If the defect appears only on a part of the item, the buyer can request a replacement of only this component: if not possible, he can withdraw form the contract and demand a refund of the full purchase price. If it is inadequate considering the nature of the defect, especially if the defect can be removed in a short amount of time, the buyer has the right for free defect removal.
If the buyer does not withdraw from the contract, or does not use the right for delivery of new flawless goods, for the replacement of its component or for its repair, he can demand an adequate discount form the purchase price. The buyer has the right for an adequate discount even in the case, when the seller is unable to provide the buyer with a new flawless goods, replace its component or repair the goods, but also in the case, when the seller does not ensure the repairing in an adequate time or if the seller has considerable issues with ensuring its repairing.
If the defect appears during a six months period from receiving the goods, the goods is considered to have been defective in the time of receiving the goods.
Seller’s responsibility for the defect, that is significant and insignificant violation of the contract
Seller’s responsibility for the defect, that is significant or insignificant violation of the contract will be used on defects which came into existence within 24 months from receiving the goods. It will be used on defects to which the responsibility for quality will not be applied according to Section 5. Defect is considered to be a significant violation of the contract, if the buyer did not make a contract because he anticipated the defect in the time of the contract making. In other cases, the defect is considered an insignificant violation of the contract.
If the defect is a significant violation of the contract, the buyer has a right to choose between delivery of new object, repair, adequate discount or withdrawal from the contract (with the right of refund of the purchase price to the full extent). If the defect is insignificant violation of the contract, the buyer has the right to choose between removal of the defect or an adequate discount.
The buyer has the right for delivery of new defect-less item, change of a component, discount or withdrawal from the contract regardless of the nature of the defect, if he cannot use the object properly for the repetitive occurrence of the defect after the repair or for a larger amount of defects.
Warranty costs and solving disputes
If the warranty is recognised to be legitimate, buyer has the right for compensation inclusive of invested expenses connected to the application of his right.
If the seller recognises the warranty claim as illegitimate, the buyer, or after agreement with the seller, both sides can contact judicial expert from the field and request an independent professional processing of the defect.
If no agreement between buyer and seller is made, the buyer can contact already existent systems that deal with out-of-court consumers’ disputes, particularly the system www.vasestiznosti.cz, or they can contact the corresponding court.
If the seller guaranteed quality beyond his legal obligation, its application is also abided by these warranty claim rules unless the contract or the warranty card does not state otherwise.