This complaints procedure regulates the procedure for making complaints about the goods (hereinafter referred to as the “object of purchase”) manufactured by WALMAG MAGNETICS s.r.o., ID 18189113, with its registered office Hulínská 1799/1, Kroměříž, postal code 767 01 (hereinafter referred to as the “Company” and “Seller”) and the provision of a guarantee to its business partners (hereinafter referred to as the “Buyer”).
The currently valid Complaints Procedure Rules are published on the Company's website. The Company is authorized to amend these Complaints Procedure Rules from time to time and inform its business partners about such a change by email or in another appropriate form.
The warranty period for the object of purchase is six months from the date of delivery of the goods to the Buyer, unless agreed otherwise. The Seller is liable for the goods having the contractual quality and design, corresponding to its purpose of use.
For the goods subject to the regime of Act no. 22/1997 Coll., the Seller shall indicate in the purchase contract (perhaps in the technical documentation, or on the invoice) whether a declaration of conformity has been issued for the goods according to the requirements of this law and its implementing regulations.
The liability of the Seller for defects in the goods is governed by the applicable provisions of the Civil Code. The claims of the Buyer regarding defects in the goods can be basically applied according to whether a substantial breach of the contract has occurred or not.
The Buyer is obliged to inspect the goods immediately after their arrival and with due professional care and report any defects discovered in the goods to the Company. The Buyer is obliged to report the defects to the Seller in writing without any undue delay, but no later than seven days after the defects were discovered or could have been discovered had due professional care been exercised.
The complaint shall include a description of the defect and specification of the claim which the Buyer is applying against the Seller.
If the Buyer demonstrably fails to report to the Company a defect in the object of purchase within the time limit provided, the Buyer's right based on the liability for defects expires.
With defective goods that can cause material damage to the Buyer or third parties, the Buyer is obliged to inform the Company about this defect immediately, simultaneously by telephone and in written form. If the Buyer fails to inform the Company in this regard, the Buyer shall bear all risks of damage sustained.
The Buyer can make a complaint of the goods at the Seller's by email or by telephone. Only a complaint made in the form of a registered letter, however, shall be regarded as demonstrable notification. The burden of proof for the time of delivery and the content of the complaint is on the Buyer.
The Seller is obliged to respond to a complaint of the goods made by a business partner no later than seven days after the complaint is reported, unless agreed otherwise.
The Seller is obliged to handle the Buyer's complaint without undue delay. The Seller shall continuously inform the Buyer about the progress and settlement of the complaint, in written form that expresses whether the defect is acknowledged or not.
Upon the Seller's request, the Buyer is required to provide transport of the rejected goods to the Seller's registered office and back at the Buyer's own cost and risk for the purpose of the Seller's assessing and addressing the complaint made against the object of purchase.
The Company is obliged to remove any defect in the goods within a reasonable time limit corresponding to the nature of the defect in the goods.
If the defect can be removed, the Seller shall remove the defect by repairing it or by delivering replacement goods. If the defect cannot be removed, the Buyer is entitled to a discount off the purchase price or is entitled to withdraw from the contract.
In the event of removing a defective part of the goods, the Company is liable for the defect repaired, or for the parts in the goods replaced within the same warranty period and under the same conditions that apply to the goods originally delivered. The warranty period for the remaining untouched or non-replaced parts of the goods can be extended only by the period of time that equals to the time when the goods were out of operation as a result of the defect.
As part of the complaints procedure, the Seller becomes the owner of the defective parts of the goods that were replaced by flawless parts of the goods.
In the event of the Seller's liability for defective goods, the Seller bears the costs incurred in connection with removing defects in the object of purchase, unless agreed otherwise. This also applies to reasonably incurred costs associated with transporting the goods to the Seller's registered office and back as part of the Buyer performing the obligation stipulated in section 14, which in the event that the complaint is acknowledged as justified, will be refunded by the Seller to the Buyer at the latter's request.
If the Buyer rejects the Seller's claim of a defect in the goods which objectively does not exist, the Seller is entitled to the payment of costs incurred as a result of such a groundless complaint.
The Seller is not liable for defects caused by any incorrect information or instructions from the Buyer.
The Seller is liable only for defects in the object of purchase, which arise under conditions of normal operation, and the Seller is not liable for defects that occur as a result of special operations performed by the Buyer. If in doubt, the Buyer is required to prove that they provided information about special conditions of the operation of the Seller's object of purchase prior to concluding the contract.
The Seller is not liable for defects in the goods that are caused by erroneous maintenance, incorrect assembly, or an erroneous repair performed by the Buyer, or a repair of the object of purchase performed by the Buyer without a written consent of the Seller.
The Seller is not liable for the ordinary wear and tear of the object of purchase.
The Seller is likewise not liable for defective goods if the defects were caused by circumstances which the Seller could in nowise influence (Force Majeure).
Damages are governed by the applicable provisions of the Civil Code.