Background

complaint procedure

1. General provisions

This Complaint Procedure shall govern all legal relations arising between DDK SLOVAKIA, spol. s r.o., with registered office at 1511 Železničná Str., 905 01 Senica, Company ID: 31417221, registered in the Commercial Register of District Court Trnava, (hereinafter referred to as “Seller”), and its customers (hereinafter referred to as “Buyer”), on the basis of and in connection with the application of the Buyers’ claims against the Seller relating to quality and defects of the goods and / or services that the Seller sells and / or provides the Buyer (hereinafter referred to as “Goods”).

The Complaints Procedure is part of the Sales Contract and provides the scope, conditions and manner of claiming liability for defects in the Goods or services (hereinafter referred to as “Claims”), including information about where the claim can be made, as well as the implementation and conditions of warranty repairs.

Concluding the Sales Contract between the Seller and the Buyer, the Buyer accedes to the conditions set out in this Complaint Procedure and explicitly agrees with them.

2. Procedure before making the claim

Before making the claim, the Buyer is obliged to check carefully, whether the defects are not caused by the poor setup or connection of the Goods. The Buyer is obliged to deliver the claimed Goods to the Seller in the original packaging and without a mechanical damage. In case that more Goods of the same kind and quality are under complaint, following an agreement with the Seller, the Buyer shall deliver to the Seller the agreed number of pieces from the Goods under complaint (a sample). The costs of transporting the Goods under complaint to the service place are paid and borne by the Buyer.

Unless otherwise stated below, the Goods must be accompanied by a copy of the invoice and a completed complaint protocol.

In case of a justified warranty claim, the Goods will be repaired or replaced free of charge in the shortest possible time, while the method of dealing with the complaint will be determined by the Seller.
In case of an unjustified warranty claim, the Buyer will be billed for all the costs associated with this complaint (The Seller reserving the right to assess the legitimacy or illegitimacy of the complaint).
In case of non-warranty repairs, the Buyer is obliged to get informed about the price of the repair.

The Buyer is obliged to check the Goods without delay. The Seller is not liable for such defects of the Goods which the Buyer may have determined at their first inspection; in particular he/she is not liable if the Buyer will later complain about the lack of equipment belonging to the Goods, or any mechanical damage to the Goods already detectable at the first inspection of the Goods. The Seller shall not be liable for such defects of the Goods neither in the case that the Buyer has not used the possibility to examine the Goods.

3. Warranty

The Seller’s liability for the defects is limited to the terms of this warranty. The warranty is non-transferable and can only be claimed by the Buyer. The rights of the warranty claim may not be transferred to a third party. The warranty covers defects in materials and workmanship. The Seller is not responsible for the defects caused by natural wear, damage during its transport, by misuse, maintenance, storage or other circumstances beyond the immediate control of the Seller. The warranty applies when the product was used and installed according to the instructions provided and the existing regulations. The warranty expires immediately if the goods are repaired, modified or opened by someone else besides the person authorized and approved by the Seller.

The Seller warrants the Goods sold as follows:

a) in case the Tridonic, Philips, Vossloh-Schwabe and Osram electronic control gears are used (supplied with a light source), the manufacturer provides a warranty of 60 months from the date of delivery to the ability of the electronic control gear to provide the functionality of the light source. The warranty does not cover the service life of the light source.
b) in case of using electronic control gears of other manufacturers or a magnetic control gear, the manufacturer provides a 36 month warranty from the date of delivery to the ability of the control gear to ensure the functionality of the light source. The warranty does not cover the service life of the light source.
c) the structural defects (welds, paint, etc..) – 12 months from the date of delivery,
d) the emergency units of lamps – 12 months from the date of delivery,
e) for the light sources, depending on the ambient conditions and the lamp operating hours, at the maximum of 24 months from the date of delivery,
f) to the condenser for the lamps – 12 months from the date of delivery,
g) in case of using lamps that dispose with LED technology – depending on the chip manufacturer, at the maximum of 60 months from the date of delivery, unless specified otherwise.

The Buyer is obliged to notify the Seller in writing about all the defects without delay after he/she had the opportunity to inspect the Goods for the first time. It is not possible to determine a given defect when inspecting the Goods, the Seller shall be notified immediately after discovering such defect, but not later than the expiration of the warranty time period defined in points a), b), c), d), e), f) or g) above. The Seller reserves the right for the final decision regarding the claim. If there are different warranty periods marked on the technical data sheet (datasheet), the product, packaging or instructions manual, for the case of clarifying any doubts, it is considered that the shortest of them applies.

All agreements, warranties, conditions, liabilities and remedies relating to any properties or defects of the Goods, other than expressly set forth herein, are explicitly excluded. Explicitly reject are in particular any implied warranties and conditions of merchantability and suitability for a particular purpose.

The warranty does not cover those defects of the Goods, which after received:

a) were caused by the Buyer or 3rd Party, by mechanical or other damage, or as a result of natural disasters,
b) happened by incorrect usage, unauthorized use of the Goods for purposes other than those for which they are intended by nature or by their use in conjunction with other devices, which the manufacturer or the Seller does not permit or recommend,
c) happened as a result of:
Unauthorized modification or arbitrary adjustments and / or repairs carried out otherwise than under the complaint procedure warranty repairs in accordance with the terms of the Complaints Procedure or in other than the authorized service centres designated by the Seller or reported in a provable way to the Buyer,
other obvious improper interventions or any other handling of the Goods, which was contrary to the instructions thereto, with the warranty conditions and the instructions and notices to the Buyer stated in them, or if the defect was caused by the Buyer when storing, using or placing the Goods in humid, dusty, chemically aggressive or otherwise unsuitable environment, or their storage and preservation at places with such an ambient,
d) in further cases referred to in other documents, such as the Warranty Certificate or the Instructions of the Manufacturer or the Seller.

The warranty further does not cover:

defects caused by incorrect electrical connections or
defects caused by failure to observe the principles of use, or
defects caused to the Goods by mechanical damage, including accidental damage, in particular damaging the plastic parts or
Goods electrically damaged by unskilled intervention, power surges, or by the action of electrostatic discharge, or
defects caused by the use of components other than recommended by the Seller, the producer or supplier, as well as by repairs made by an unauthorized person or
Goods damaged due to adverse weather conditions, or
Goods operated under extremely unusual conditions, or
Goods with damaged labels, optionally with other security features, or a removed or damaged serial number of production, or
defects caused by the use of incompatible components in repairing the Goods, or
natural wear of the Goods and components, etc.

The warranty does not cover any labour costs, installation costs, or additional material, without the prior written approval / confirmation by the Seller, before the work / repair is done. The Buyer is not entitled to remedy the defects of the Goods himself/herself or through a third party, in which case the Buyer loses the warranty on the Goods.

The Buyer will not accept any financial compensation without the prior written approval of the Seller. The Seller shall in no way be liable for any special, incidental, indirect or consequential damages, such as loss of profit, loss of the contract, damage to property, damage to the use, purchase of a substitute or liability to third parties.

The Seller reserves the right to reject the entire claim if he/she, in a provable way, discovers a product bought in another company in the amount claimed.

4. Claiming liability for the defects (complaint claim)

The Buyer must inform in advance the respective marketing manager of the Seller about the complaint claim. The claim of the damaged lamp must be submitted in particular together with: the copy of the invoice, the proof of payment of the purchase price, the complaint protocol, the photo or the damaged lamp. The submitted lamp or documentation must include a legible label with the date of production. The claimed goods must be undamaged, intact, with unbroken seals, unmodified, and without removed serial numbers.

The Buyer must complete the complaint protocol, which accurately describes the defect and the way in which the defect is manifested and submits the claimed goods in their original packaging with all accessories and documentation to the Seller. In the complaint protocol the Buyer shall state his/her contact address (e-mail, telephone and / or fax number) at which he/she will be notified on the method of dealing with the submitted complaint by the Seller. The Seller is not to be held responsible, if the notification could not be delivered to the above contact address.

In case that more Goods of the same kind and quality are under complaint, following an agreement with the Seller, the Buyer shall deliver to the Seller the agreed number of pieces from the Goods under complaint (a sample).

In the event of failure to comply with the obligation of the Buyer set out in the Complaints Procedure, the claim will be rejected by the Seller.

5. Costs charged in case of unjustified complaint, non-warranty and post-warranty service

The Buyer is obliged, in case of an unjustified complaint, respectively of non-warranty and post-warranty service, to pay:

a) Hourly rate for work done
During working hours on working days at the Buyer’s premises Mon-Fri 8:00 to 12:00, 13:00 to 17:00: 30 €/hour per person
During working hours on working days at the Seller’s premises Mon-Fri 7:30 to 11:30, 12:00 to 16:00: 20 €/hour per person
Overtime during working days : 35 €/hour per person
During days off : 45 :€/hour per person
During holidays : 60 €/hour per person
Working hours are to include travel time.
b) Travel reimbursements
Airplane: according to the real price of the air ticket, economy class
Train: according to the price of the ticket, 1. class
Automobile: 0,70 €/km
Other means of transport : taxi, metro etc. according to the costs
c) Meal reimbursement
According to the tariff of the meal compensation in the given country.
d) Accommodation
According to the real costs in a hotel of middle category.
e) Spare parts
Used spare parts will be invoiced on the basis of current prices, including transport.
f) Other costs
Other expenses needed for the repair (platforms, scaffolding, permits, etc.) will be invoiced according to the actual price.

6. Acceptance of the Goods

In case the Buyer, under the provisions of the Complaints Procedure and the provisions of relevant laws, becomes obliged to accept the delivery of the Goods (e.g. in case of repair or replacement) from the Seller or in case the Seller calls the Buyer for the takeover of the claimed Goods in accordance with the Complaints Procedure or the applicable laws, the Buyer is obliged to take the Goods over from the Seller without delay at the respective place according to the Seller’s call.

If the Buyer does not take over the Goods within five (5) working days of the date on which the duty to accept the Goods originated or from the date of delivery of the Seller’s call to accept the Goods, the Seller will after the expiration of this term, store the Goods for a period of sixty (60) days at the Buyer’s expense, which the Buyer undertakes to pay in due time the amount invoiced by the Seller. Upon the expiry of this additional period, the Seller is entitled to sell the Goods in an appropriate manner on behalf of the Buyer and against the purchase price that resulted from this sale, counting any of his/her due and unpaid claims against the Buyer.

7. Final provisions

Legal relations between the Seller and the Buyer not modified explicitly by this Complaint Procedure shall be adequately governed by the relevant provisions of individual purchase contracts.

The Seller is entitled to modify or amend unilaterally the Complaints Procedure, while change also means a partial or total replacement of the Complaints Procedure by a new Complaint Procedure.

The actual wording of the Complaints Procedure will be determined by the Seller by its publication. For the purpose of the Complaint Procedure, publication refers to the disclosure of the document or information in publicly accessible areas of the Seller or otherwise, in a form regarded as appropriate by the Seller, in the respective way the document or information becomes effective unless stated otherwise in the relevant document.

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