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Rules of Complaints of the Business Company OMS, spol. s r.o.
1. General Provisions
These Rules of Complaints regulate all legal relations arising between OMS, spol. s r.o., with registered office at 419, 906 02 Dojč, Reg. No. (IČO): 34 132 333, registered in the Commercial Register of the District Court Trnava, Sec.: Sro. Insert No. 1694/T and/or its subsidiaries and affiliates, distributors, and agents (“Seller”) on one side and its customers (“Purchaser”) on the other side, under, and in connection with applyingcomplaints by the Purchasers to the Seller, which are related to the quality and defects in the goods and/or services sold and/or provided by the Seller to the Purchaser (“goods”).
These Rules of Complaints form an integral part of the Purchase Contract and regulate the scope, conditions, and manner of applying the liability for defects in the goods or services ("complaint") including the information where the complaint may be applied, as well as the performance and conditions of warranty repair.
By execution of the Purchase Contract between the Seller and the Purchaser, the Purchaser accedes to the terms and conditions set forth in these Rules of Complaints and expressly agrees therewith.
2. Procedure Prior to Applying a Complaint
Prior to applying any complaint, the Purchaser is liable to thoroughly check whether the defects in the goods are or not caused by incorrect setting or connecting of the goods. The goods subject to complaint must be delivered by the Purchaser to the Seller in original packing and free of any mechanical damage. In the event the claimed goods are in large volume of the same type and quality, the Purchaser will deliver to the Seller, upon agreement with the Seller, certain agreed number of pieces of the claimed goods (a sample). Any costs for transport of the goods subject to complaint to a service center will be paid and borne by the Purchaser.
Unless herein below stipulated otherwise, the goods must be accompanied by a copy of the invoice and the completed complaint protocol.
- In case of reasonable warranty complaint, the goods will be repaired within minimum period or replaced free-of-charge, while the method of settling the complaint is upon the Seller´s own discretion.
- In case of unreasonable warranty complaint, all costs connected with the relevant complaint will be charged to the Purchaser (the Seller will have the right to decide whether the complaint is reasonable or unreasonable).
- In case of any post-warranty repair, the Purchaser is liable to request information about the price for repair.
The Purchaser is liable to immediately inspect the goods. The Seller is not liable for any defects in the goods, that could have been detected by the Purchaser in the first inspection, particularly it will not be liable, if the Purchaser later claims any missing accessories to the goods or any mechanical damage of the goods, that could have been detected in the first inspection of goods. The Seller will neither be liable for any such defects in the goods in the event the Purchaser failed to use the opportunity to inspect the goods.
The Seller´s liability for defects is limited to the terms and conditions of this warranty. The warranty is not transferable and can be only applied by the Purchaser. The rights arising from the warranty (a claim in respect to the warranty) may not be transferred to a third party. The warranty applies to defects in the material and workmanship. The Seller is not liable for any defects in the goods, that are caused by natural wear and tear, damage during transport, incorrect use, maintenance, storage or any other circumstances beyond immediate control by the Seller. The warranty applies if the product was used and installed according to the provided instructions for use and the existing regulations. The warranty will immediately cease ifthe goods are repaired, modified or opened by any person other than a person authorized and approved by the Seller.
The Seller provides warranty for the goods sold by it as follows:
(a) in case of using of electronic control gear from Tridonic, Philips and Osram (delivered with the Osram lamp) manufacturer provides warranty 60 months from the day of delivery. This warranty is related to ability of electronic control gear to provide functionality of light source. Warranty can not be applied for the life of the lamp,
(b)in case of using of electronic control gear from another producers or using of magnetic control gear, manufacturer provides warranty 36 months from the day of delivery. This warranty is related to ability of the control gear to provide functionality of light source. Warranty can not be applied for the life of the lamp,
(c) for structural defects (welds, painting, etc.) - 12 months from the date of delivery,
(d) for power sources of emergency light – 12 months from the date of delivery,
(e) for light sources, subject to the ambient conditions for the light and the number of operational hours, however, maximum – 24 months from the date of delivery,
(f) for capacitors for luminaires – 12 months from the date of delivery,
(g) in case of using LED-based luminaires – 60 months fromthe date of delivery, unless agreed otherwise.
All defects in the goods must be reported by the Purchaser in writing and immediately after the Purchaser had the opportunity to inspect the goods for the first time or in the event the defect cannot be detected by inspecting the goods, immediately upon detecting the defect, however, in no event later than upon expiry of the warranty period set forth in paragraphs (a), (b), (c), (d), (e), (f) or (g) above. The Seller reserves the right to make final decision in respect of the complaint. If various warranty periods are shown in the technical data sheets,goods, in the packing or in the attached instructions for use, in order to avoid any doubt, the shortest of the warranty periods shall apply.
All agreements, warrants, conditions, liabilities, and remedies relating to any properties or defects in the goods, other than those which are expressly described herein, are expressly excluded. Particularly any implied warranties and conditions of marketability and suitability for specific purpose are hereby expressly waived.
The warranty shall not apply in particular to any defects in the goods, that were caused after taking over the goods:
a) by the Purchaser or any other (third) person by mechanical or any other damage therein or those resulting from any natural disaster,
b) by incorrect use, unauthorized use of the goods for any purposes other than those that are determined by the character thereof or by use thereof in connection with any other equipment which is not permitted or recommended by the manufacturer or the Seller,
c) as a consequence of:
- any voluntary adjustments and/or repair performed in any way other than within the complaint procedure as warranty repair according to the provisions of the Rules of Complaints or in any service centers other than those determined by the Seller or otherwise provably notified to the Purchaser as authorized service centers,
- any other apparently unprofessional interventions or any other manipulation with the goods, that was contrary to the instructions for use thereof, the warranty terms, and the instructions and warnings for the Purchaser set forth therein or if the defect was caused by the Purchaser by storage, use or placement thereof in any wet, dusty, chemically aggressive or otherwise inappropriate environment or by placement or keeping thereof in any places with such environment,
d) in any other cases set forth in other documents, e.g. in the warranty sheet or in the manufaturer´s or Seller´s instructions for use.
Further, the warranty shall not apply to:
- any defects caused by incorrect electric connection, or
- any defects caused by failure to comply with the principles of use, or
- any defectscaused by mechanical damage of the goods, including any contingent damage, including but not limited to damage of plastic parts, or
- any goods whose electric part is damaged by unprofessional intervention, prestress in the network or by electro-static discharge, or
- any defects caused by use of any components other than those recommended by the Seller, the manufacturer or the supplier, as well as by any repair made by an unauthorized person, or
- any goods damaged due to bad weather conditions, or
- any goods operated in extremely unusual conditions, or
- any goods with defaces labels or any other protective marks, or with removed or defaced serial manufacturing number, or
- any defects caused by use of non-compatible components in repair of the goods, or
- the natural wear and tear of the goods and the components thereof, etc.
The warranty does not cover any labor costs, costs of installation or other material, without the prior consent/confirmation of the Seller provided in writing before the work/repair is performed. The Purchaser is not entitled to remove defects of the goods itself or through a third party, otherwise the warranty for the goods shall cease to exist.
The Seller will not accept any financial compensation unless approved by the Seller in writing. In no case the Seller assumes responsibility for any special, incidental, indirect or consequential damage, such as lost profit, termination of the contract, damage to the property, damage to the use, purchase of a replacement or third party liability.
The Seller reserves the right to reject the complaint in its full extent in case the claimed volume provably contains a product purchased from a different company.
4. Application of Liability for Defects (Complaint)
The Purchaser must inform in advance the relevant Seller´s sales manager on the complaint. The complaint of a damaged light must be accompanied by documents, including but not limited to: a copy of the invoice, a document on payment of the purchase price, the complaint protocol, a photo or the damaged light. The sent light or documentation must contain a legible label with the date of manufacture. The claimed goodsmust not be physically damaged, damaged by a natural disaster, with unbroken seals, not altered or not removed manufacturing numbers, etc.
The Purchaser is obligated to complete the complaint protocol with precise description of the defect and the way how the defect is demonstrated, and will deliver the claimed goods in the original packing with complete accessories and documentation to the Seller. In the complaint protocol, the Purchaser will give its contact address (e-mail, telephone and/or fax number) to which it will be notified by the Seller on the method of dealing with the complaint. The Seller will not be liable for any failure to deliver the sent notification to the given contact address.
In the event the claimed goods are in large volume of the same type and quality, the Purchaser will deliver to the Seller, upon agreement with the Seller, an agreed number of pieces of the claimed goods (a sample).
In the event of failure to fulfill any obligation by the Purchaser, as set forth in these Rules of Complaint, the Seller cannot deal with the complaint.
5. Costs Charged in Respect of Unreasonable Complaint, Beyond-warranty and Post-warranty Service
In the event of any unreasonable complaint or beyond-warranty or post-warranty service, the Purchaser is liable to pay the following:
1.) Hourly rates for performed work
On business days, in working hours in the premises of the Purchaser Mon-Fri 8:00-12:00 am 1:00-5:00 pm
26.55 EUR/h (even started hour) per person
On business days, in working hours in the premises of the Seller Mon-Fri 7:30 – 11:30 am 12:00-4:00 pm
15.00 EUR/h (even started hour) per person
Overtime work in business days
33.19 EUR/h (even started hour) per person
39.83 EUR/h (even started hour) per person
53.11 EUR/h (even started hour) per person
The working hours begin from the start of departure from the Seller´s office.
2.) Reimbursement of traveling costs
2.1 Airplane: according to the actual price for the air
ticket, tourist class
2.2 Train: according to the price for the ticket, 1st class
2.3 Car: 0.70 EUR/km
2.4 Other transport: taxi, metro, etc. according to the costs
According to the tariff of reimbursement of catering in the given country.
According to the actual costs for a medium class hotel.
5.) Spare parts
Any used spare parts will be invoiced according to the actual price including transport.
6.) Other costs
Any other costs required for repair (platforms, scaffoldings, permits, etc.) will be invoiced according to the actual price.
6. Taking Over of Goods
If the Purchaser is obligated, according to the provisions of the Rules of Complaints and the provisions of the relevant applicable legal regulations, to take over the goods (e.g. in case of repair or replacement) from the Seller or the Purchaser is called by the Seller, in accordance with the provisions of the Rules of Complaint or the applicable legal regulations, to take over the claimed goods, the Purchaser will be liable to immediately take over the goods from the Seller in the relevant place according to the Seller´s call notice.
Unless the Purchaser takes over the goods within five (5) business days of the date following the obligation to take over the goods or following the date of delivery of the Seller´s notice for taking over the goods, the Seller will be authorized, upon expiry of that period, to store the goods for the period of sixty (60) days at the Purchaser´s costs which the Purchaser undertakes to pay within the period and in the amount to be invoiced by the Seller. Upon expiry of this grace period, theSeller will be authorized to sell the goods in an appropriate way on the Purchaser´s account and to set-off the earned purchase price against any of its receivables, whether or not due and payable, to the Purchaser.
7. Final Provisions
Any legal relations between theSeller and the Purchaser, which are not expressly regulated in these Rules of Complaintswill be governed accordingly by the relevant provisions of individual purchase contracts.
The Seller is authorized to unilaterally amend or modify the Rules of Complaints, and amendment means also any partial or complete replacement of the Rules of Complaints by new Rules of Complaints.
The valid version of the Rules of Complaint will be determined by the Seller by publication thereof. For the purposes of the Rules of Complaint, publication meansmaking available a document or information in any public premises of the Seller and/or on the Seller´s website or in any other form appropriate in the Seller´s discretion, whereupon the document or information will be effective, unless in the document specified otherwise.
The Rules of Complaints will be valid and come into force on November 1, 2011
OMS, spol. s r.o.