Last modified:
26-05-2010
[ General requirements ] [ Guarantee duration ] [ Conditions of guarantee ] [ Method of the settlement of a reclamation ]
Reclamation rules describe common business cooperation among buyer a firm Vaclav Toman - Delta International (further only Delta). Buyer taking-over goods from Delta agrees with undermentioned reclamation rules In case that goods are not withdrawn personally, it is understood to be a takeover of goods the very moment of handover to the first transporter.
These reclamation rules are to disposal in seat of Delta or like a document on www.ares.cz.
Like a document about garantee (guarantee certificate) writes out Delta to all purchased goods a purchase document (invoice, or a bill – further only guarantee certificate) with all needed datas for applying guarantee (title of goods, duration of guarantee, price, amount, serial number....).
Guarantee period begins at the moment of taking-over of the goods by a buyer, i. e. the date on guaranty leaf. Legal assignment for duration of guarantee is generally 24 month. Seller can extend this lawful time-limit. Duration of guarantee is always marked on guaranty leaf.
During extensioned guarantee period, complaints are governed entirely herewith rules.
Buyer is obliged to ensure check-up of goods as soon as possible after delivery and is obliged to announce all the located defects to the next day to Delta.
If it is not so done, the claim from defects ascertained at those examination can be staked only when the buyer proves, that the goods have had these defects already at the time přechodu nebezpečí škody na zboží.
If using mail-order services or common carrier, reclamation of the product damaged while transportation, is governed by Reclamation Rules of the transporter and by appropriate laws of Civil resp. Commercial Code. This way caused damages it is impossible to reclamation at Delta.
Buyer has the right to apply guarantee only on goods, that has a defect, it relates with on the guarantee period and was bought from Delta (see Guarantee Certificate – purchase document).
Place for applying the reclamation is the seat of Delta. Reclamation of goods, with an authorised service afforded, must be applied right in authorised service department
In this case the reclamation is governed by conditions of the authorised service.
Buyer can send the defective goods by transport service - on own spendings to address of the place of business.
The package must be termed visibly "RECLAMATION" and must contain the claimed goods (including complete accessories), copy of purchase document or invoice, detailed description of defect and sufficient contact data of the buyer (return address, tel.number). Goods, sended at expense of Delta will not be accepted! Way back (after dispatch of the rightful reclamation) provides Delta. In the case of an unauthorized reclamation will be buyer charged a service charge according to actual price list and goods will be send at expense and hazard of the buyer on mentioned address.
If the goods are defective immediately after delivery, buyer applies reclamation till 10 days from takeover a if the characterof and defects of the goods enable it, a legitimate reclamaion will be settled by changing the goods for the new ones. The exchange is conditioned on the physical state of articles of stock.
If the goods are mechanically damaged immediately after delivery, buyer must reclaime the defects within 3 working days from takeover. If reclaimed after the 3-day period, the defect will be regarded as a mechanical damage caused by a buyer and the reclamation will be rejected.
Delta is not responsible for those defects, that the buyer was attentioned to at the time of purchase.
If it is going about used goods, Delta is not responsible for defect corresponding with the measure of usage or attrition, that should have the thing along the takeover by the buyer.
Buyer be obligateed to document a currency of guarantee by presenting purchase document, if the goods were reclaimed in former times, must also a document of reclamation be given.
On the goods and on purchase document - reclamation protocol, must be issued the same serial number (if the product has the serial number).
The guarantee is not refering to defects made by unprofessional, or inadequate manipulation.
The guarantee is not refering also on damages of the goods caused by excessive mechanical attrition.
The guarantee is not refering to attrition caused by customary usage.
The guarantee is not refering to the defects of the goods sold for lower price, because of which the lower price was conclused.
The guarantee is not refering to the goods with penetrated protective seals, informative labels, serial numbers and so on (as far as the product has these belongings).
Furtherthe guarantee is not refering to damages arisen by:
a)
mechanical damages of the goods,b) electric overstrain,
c) using goods in conditions, that have a nonconforming temperature, dustiness, dampness, by chemical and mechanical influences of environment for which the product was produced for,
d)
the goods were harmed by excessive straining or using out of accord with conditiones listed in documentation or with general principles,e) the goods, whether were modified by consumer (paints, inflexions etc ..),
f)
the goods harmed by natural elements or inevitable accident.Guarantee is refering to material defects, functional defects, defectss arisen at production or assemblage, implementated by workers of Delta.
Goods handed over to reclamation will be tested only for defects written presentated by the buyer. Delta can charge the costumer for service technique in the case that the description of the defect is insufficient.
Equipment for data stacking is equipment, whose failure rate is an objective event with accidental character of occurrence of disorders (e.g. CDR, CDRW discs….)
If the defect is possible to remove, the goods will be repared, a new piece will be given. As far as the repair and exchange is not possible and the kind of a defect does not obstruct to a customary usage, the buyer can conclude with Delta on adequate reduction of price of the goods.
(In case of reduction, it is not possible to reclaime the defect, the reduction was concluded for). In case of impossibility of settlement of a claim , will be to a buyer exposited a credit note**.
If the defect of the goods is not possible to remove and the defect obstructs costumer usage, like the goods without defect, Delta will exchange the goods for another with the same or similiar utility characteristics from the same or else producer, exposites a credit note*.
The same method of settlement will be in case of repeatance of the 3 same defects of the goods.
* Into given back money can be actual price of the goods with similiar characteristics projected.
Sales returns Delta without undue delay, at maximum 30 days.
After settlement of a rightful reclamation is the guarantee period prolonged for the time of dispose of the reclamation.In case of unrightful reclamation, the guaranty period is not prolonged. If the reclamation was solved in lawful guaranty period by changing the goods for new one, the guaranty period starts tu run again from the date of solving the reclamation. If the reclamation was solved out by changing the goods, appropriate reclamation will be considered as 1.reclamation of the goods.
(The lenght of duration of the settlement of reclamation is from the 2.day from receiving the reclamation untill the day of solving out the reclamation. Not till the day when the buyer picks-up or receives the goods!)
After solving out the reclamation, the buyer will be attentioned that the reclamation is solved out, by e-mail, phonecall, or SMS (Short Message System) from Delta If the goods were sent by a transport service, after solving out the reclamation, it will be automatically send to the adress of buyer (back adress).
These General Commercial Terms are valid from 1. September 2006 and upsets all previous provision and usances. Delta stipulates the right to change these General Commercial Terms without previous notice.
Attention to all EU customers. According to the Code of civil law § 53 article 7, we must instruct you about your right to back out of contract by 14 days after taking-over the commodity. This right however according to the law doesn´t concern the delivery of goods modified at request of the consumer (§53, article 8, letter c).
In case of firms are all issues solved according to the commercial Code.