COMPLAINTS REGULATIONS
(hereinafter referred to as the "RG")
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IfTECH Ltd.
U Panelárny 531/2a, Olomouc, 779 00
IČO: 27831281, DIC: CZ27831281
registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, Insert 43073, (hereinafter referred to as "Seller")
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This Complaints Procedure describes the procedure for exercising rights from defective performance (hereinafter referred to as "complaints") for these goods and supplements the general terms and conditions between ifTECH s.r.o. and its customers/legal entities.
The GTC is an integral part of the Seller's General Terms and Conditions of Business for Entrepreneurs and Legal Entities (hereinafter referred to as "GTC").
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1. Introductory provisions
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1.1 The Seller declares that all the goods listed in the range on the website: www.iftech.cz may only be purchased by buyers who are entrepreneurs according to the applicable legislation and intend to use the purchased goods exclusively for commercial or other business purposes. IfTECH Wholesale is not intended for end customers or consumers.
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1.2 The RC is in accordance with Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"). Matters not covered by the T&C shall be governed by the laws of the Czech Republic.
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1.3 The Buyer is obliged to familiarize himself with the GTC and GTC of ifTECH, immediately after the Buyer's registration as a user with the Seller before the actual ordering of goods. By concluding the Purchase Contract (at the time of order confirmation or at the time of signing the written Purchase Contract), the Buyer agrees to the current GTC and GTC of the Seller effective on the date of conclusion of the contractual relationship. In the event of a conflict between any definition or provision of the GTC and the wording of the GTC, the wording of the GTC shall prevail.
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1.4 The rights and obligations of the contracting parties with regard to the Seller's liability for defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 of the Civil Code), unless otherwise stipulated in the GTC.
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1.5 The GTC is available as a PDF document published on the Seller's website: www.iftech.cz (hereinafter referred to as the "Website").
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2. Liability for defects on receipt of goods
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2.1 The Seller shall be liable to the Buyer for the fact that the Goods are in conformity with the Purchase Contract, i.e. free from defects, upon receipt by the Buyer. Conformity with the purchase contract means that the goods sold have the quality and performance required by the contract or, where applicable, the quality and performance usual for the goods, that they comply with the requirements of legal regulations and technical standards, are of the appropriate quantity, measure or weight, as well as quality, functionality, compatibility, durability and other agreed characteristics and correspond to the purpose for which the seller states the goods are used or for which the goods are usually used.
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2.2.The Buyer acknowledges that he is obliged to inspect the goods professionally upon receipt, to make photographic documentation upon receipt and to point out any obvious defects in writing to the Seller within 3 working days after receipt of the goods and to indicate the defect immediately in the handover protocol or upon signing the protocol to the carrier on receipt of the goods with reservation. In case of obvious defects, the buyer is entitled not to take over the goods. If the Buyer fails to point out obvious defects in time in accordance with this GTC, he waives his right to claim such defects and his claim shall be extinguished.
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2.3 The risk of damage to the goods shall pass to the Buyer upon acceptance of the goods. The Seller shall not be liable for defects arising after the risk of damage to the goods has passed.
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3. Quality guarantee
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3.1 The Seller provides the Buyer with a guarantee for the goods, the length of which is indicated on the invoice / delivery note.
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3.2 If the manufacturer of the goods specifies a longer warranty for its product than that provided by the Seller for such goods in paragraph 3.1, the Buyer may exercise the rights of defective performance under the longer warranty provided by the manufacturer directly with the manufacturer. The Seller does not assume responsibility for the longer manufacturer's warranty so stated and such warranty and the liability arising therefrom shall be directly attributable to the manufacturer of the goods on the terms and conditions issued by the manufacturer of the goods in respect of the longer warranty.
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3.3 If a longer warranty is provided by the manufacturer for the Goods, the detailed manufacturer's warranty terms and conditions shall be supplied to the Buyer together with the Goods. In order to be able to apply for a longer warranty from the manufacturer, the buyer is obliged to comply with these warranty conditions.
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3.4 The Buyer acknowledges that if the manufacturer rejects a claim for goods covered by a longer manufacturer's warranty, in the event of the manufacturer's failure to act in a claim procedure under the longer warranty provided, or if the manufacturer ceases to exist, enters into liquidation, insolvency, bankruptcy or similar proceedings, the rights under the longer manufacturer's warranty cannot be claimed from the Seller.
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3.5 The warranty period shall commence from the date of delivery of the goods to the Buyer, unless the manufacturer specifies otherwise in respect of the goods.
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3.6 Before using the goods for the first time, the Buyer shall duly read the enclosed manufacturer's warranty conditions, this PO, the GTC and the operating instructions. Claims for goods which have been used in contravention of the recommendations and procedures set out in these documents will be rejected as a result.
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3.7 The Buyer acknowledges that products and components that are not a separately functioning unit require professional assembly and installation to function and are not intended for use by persons with inadequate qualifications. The Seller does not guarantee the full compatibility of the components sold with other components not approved by the Seller and is not responsible for the overall functionality of the equipment assembled from the individual components.
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3.8 The warranty certificate for the purchased goods shall be used as a) the purchase document (invoice or sales slip), b) the delivery note or handover report with the legally required data for the application of the warranty (in particular the name of the goods, length of the warranty, quantity, serial number) or c) the certificate issued by the manufacturer. The buyer is obliged to prove by such document that he is entitled to make a claim.
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4. Recommended procedure before and when making a claim
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4.1 The Seller strongly recommends that in the event of a defect in the Goods, the Customer Service Department of ifTECH is contacted via the TICKET SYSTEM available in the top menu at www.itech.cz (the Buyer must be logged in). The Buyer shall inform the Seller of the claim by filling in the form.
When reporting a defect in the goods, the Buyer must provide the Seller or the manufacturer with all the necessary information to enable them to assess the defect. In particular, on the defect report form, the following must be included: the type of goods, the number of defective quantities, the number of the warranty document and a precise description of how the defect in the goods manifests itself. In addition, it is advisable to include the name and telephone number of the person in charge of handling and rectifying the defect in order to improve the process.
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4.2 The Seller declares that it shall not be liable to the Buyer for any damages arising from failure to follow the recommended procedure according to point 4.1 of the DG. The Seller expressly states that the Buyer shall not be entitled to dismantle the defective goods at the installation site before being instructed to do so by the Seller or the manufacturer following an initial assessment of the defect in accordance with clause 4.1 of the DG.
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4.3 Within 5 working days at the latest (usually immediately after receipt of information about the occurrence of a defect pursuant to clause 4.1 of the DG), the Seller's or the manufacturer's customer service department shall contact the Buyer and assess the defect REMOTELY - i.e. decide, according to the available information, whether only technical remote support is necessary to remove the defect and it is only a technical error in the installation, etc., or whether it is necessary to SEND THE GOODS FOR DIAGNOSIS to the Seller's or the manufacturer's premises.
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4.4 The Seller or the Manufacturer shall be entitled to require the Buyer to provide free of charge assistance to demonstrate and explain the nature of the defect - i.e. e.g. to require the Buyer to travel free of charge to the end owner of the equipment to collect the necessary data, to provide photographic documentation, design, wiring diagrams or to supply revisions and measurements if this is necessary to enable the existence of the defect to be investigated or if an external influence is suspected in the creation of the defect. Similarly, the seller or manufacturer may require remote access to view the installation of the goods as is ("CLOUD"). Without full access to the equipment complained of, it may not be possible to repair or diagnose the equipment.
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4.5 In the event that, after an initial investigation by the Seller's or Manufacturer's service department, it is determined that this is not a case suitable for a claim and the fault will only be resolved remotely by rectifying a technical fault arising on the part of the Buyer or the End Customer, this investigation will be concluded by a written statement via email that the fault or technical fault has been rectified by the provision of technical support. For this technical support, the Seller or the Manufacturer shall be entitled to charge a fee in accordance with the Customer Service Price List.
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4.6 In the event that, after an initial investigation by the Service Department or the manufacturer, it is determined that a complaint procedure is appropriate and it is necessary to send the complained of goods for diagnostics, the Seller or the manufacturer shall notify the Buyer by e-mail. The Buyer shall deliver the claimed goods in person or by carrier according to the Seller's instructions to the Seller's premises at U Panelárny 531/2a, Olomouc 779 00, opening hours: mon - fri 8:00 - 16:00 or to the place designated by the manufacturer.
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4.7. Goods submitted for claim will be tested only for the defect specified by the Buyer in the claim report.
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4.8 The Buyer is obliged to pack the claimed goods in the original packaging or in other suitable and sufficiently protective packaging material meeting the requirements of the transport of fragile goods, including all accessories that were part of the original packaging (the batteries will be sent together with the connecting power cables, data cables) and deliver the shipment together with the required documentation (Ticket system report). The shipment must be marked with the appropriate symbols.
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4.9 The moment of initiation of the complaint procedure shall be deemed to be only the moment when the Seller or the manufacturer receives the claimed goods, unless otherwise agreed between the Seller or the manufacturer and the Buyer.
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4.10. From the date of initiation of the complaint procedure, the Seller undertakes to settle the complaint in accordance with Article 7 of the General Terms and Conditions within 60 calendar days. Depending on the nature of the claimed defect (in more complex cases), this period may be unilaterally extended by the Seller.
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4.11. The period of time by which the Buyer fails to provide the Seller with complete information shall be extended by the time limit pursuant to clause 4.10 of the General Terms and Conditions, from the moment of requesting the Seller to complete the information (or from the moment of delivery of a request for access to the claimed goods) until the Buyer delivers it.
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4.12. The Buyer is not entitled to make a claim for a defect in the goods that has already been claimed in the past, if the Seller or the manufacturer has already provided a reasonable discount on the purchase price of the goods as part of the claim process.
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4.13. The Seller shall not be liable for any increase in the extent of the damage to the goods if the Buyer uses the goods although he is aware of the defect and does not declare the defect without undue delay.
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4.14. The Buyer shall at all times, irrespective of whether it has made any claim under liability for defects, pay the Seller the full purchase price of the goods at the time it is due.
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4.15. The Seller shall be entitled to reject a claim for goods in cases where the goods and/or their components claimed are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for claim.
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4.16. At the end of the complaint procedure, the Seller or the manufacturer shall issue a report on the defects found and the form of their elimination. This report shall be delivered to the Buyer at the contact e-mail address indicated.
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5. Exclusions from liability for defects
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5.1 The Seller shall not be liable for defects in the goods when a defect occurs in the following cases:
5.1.1. if a specific defect in the goods is already detected by the Buyer at the time of acceptance of the goods and a discount from the purchase price of the goods is agreed by the parties for such defect,
5.1.2. if the goods are handled after receipt contrary to the purpose for which they are to be used, 5.1.3. the defect is caused by the Buyer and has been caused by improper use, storage or improper maintenance,
5.1.4. the defect is caused by the Buyer's intervention (repair, modification) or mechanical damage, except in situations where the Buyer performs service work on the goods according to the service contract between the Seller and the Buyer, 5.1.5. the defect is caused by an external event beyond the Seller's control,
5.1.6. defects resulting from improper installation, handling, operation or improper handling of the goods contrary to their purpose, the documents for their operation (especially the operating instructions), the recommendations of the manufacturer or supplier of the goods, or for defects resulting from neglect of the care of the goods, the ingress of foreign substances (dust, water, etc.),
5.1.7. if the goods are second-hand and the defect corresponds to the level of use or wear and tear that the goods had when they were taken over by the buyer,
5.1.8. the defect has been caused by wear and tear caused by normal use, or if it results from the nature of the goods (e.g. expiry of their useful life),
5.1.9. the defect was caused by failures or overvoltages in the electrical network or the use of supply voltages outside the rated values,
5.1.10. the goods have been used in extreme conditions, i.e. conditions which, in terms of temperature, dustiness, humidity, chemical and mechanical environmental influences, do not correspond to normal standards,
5.1.11. by unqualified intervention, change of parameters or modification of the goods by the buyer (bending, etc.), if the defect has arisen as a result of such modification,
5.1.12. the use of incorrect or defective software, or incorrect or non-original consumables, or for any damages resulting therefrom,
5.1.13. damage to the goods or any part thereof by computer virus, etc., if the defect is manifested only by software for which the purchaser is unable to prove the legal means of acquisition, or by the use of unauthorised software,
5.1.14. natural elements or force majeure.
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5.2 By breaking the protective seal, information label or serial number, which are an integral part of the goods sold, the buyer runs the risk of rejection of the claim.
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5.3 The warranty according to paragraph 3.2 of the GTC does not apply to spare parts and consumables, which may be either a separate object of purchase or part of other goods. If the consumables are marked with an expiry date (as a lifetime or number of uses of the consumables or in any other similar manner), this expiry date shall have the same effect as the quality guarantee for the period marked. The Buyer's right to claim the goods of which the consumables are a part within the warranty period pursuant to Article 3 is not affected. Defects in the goods caused by the expiry of the shelf life of the consumables included in the goods shall be regarded as normal wear and tear of the goods, which are not covered by the warranty under Article 3.
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6. Method of handling claims for defects covered by the seller's warranty
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6.1 In the event that the claim is a claim under warranty pursuant to clause 3.2 of the General Terms and Conditions and the Seller assesses the claim as justified, the Seller shall settle it in one of the ways specified in clause 6.1 of the General Terms and Conditions at its own expense:
- repair of the goods,
- by replacing the defective part of the goods,
- by delivery of new goods without defects,
- by issuing a credit note; or
- by providing a reasonable discount on the purchase price of the goods.
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6.2 It is ALWAYS the Seller's or the Manufacturer's choice as to how to settle a claim. The Buyer is not entitled to decide on the method of handling the complaint. The Seller and the Buyer exclude the application of the provisions of § 2106, § 2107 of Act No. 89/2012 Coll., Civil Code, as amended.
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7. Settlement of the claim, price of repair of the defect not covered by the warranty
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7.1 In the event that the Seller settles the complaint by rejecting it, the Seller may charge the Buyer for the costs incurred in the complaint procedure.
7.2 If the claim is rejected and if the buyer agrees to a paid repair, the paid repair will be charged based on the Customer Service Department's price list. Prior to carrying out a paid repair, the Buyer will be informed in the quotation of the price of the repair, its scope and the time required to carry it out. A paid repair can only be carried out after the express consent of the Buyer (or on the basis of a service contract), made after the information according to the previous sentence.
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7.3 The Buyer is obliged to collect the goods after the end of the complaint procedure within 14 calendar days from the date of receipt of the report on the defects found and the form of their elimination. Upon expiry of this period, the Seller shall be entitled to charge a reasonable storage fee or to send the goods back to the Buyer's contact address at the Buyer's expense and risk.
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7.4 If the complaint is settled by replacement of the goods, the new warranty period shall not apply to the replaced goods. Once an accepted claim has been settled by repair or replacement, the original warranty of the goods is extended for the duration of the claim. The duration of the claim is calculated from the day after the claim is made until the day on which the buyer is informed of the settlement.
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7.5 Liability rights for defects in the goods for which the quality guarantee applies shall lapse if they have not been exercised within the specified period.
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8. Other conditions
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8.1 The Buyer shall not be entitled to compensation for any costs reasonably incurred in exercising its rights under the defective performance or any costs incurred in connection with the resolution of the reported defect in accordance with Article 4, paragraph 4.4 of the GTC.
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8.2 In the event of force majeure (strong winds, hail or lightning, high temperatures, intense UV radiation, extremely low temperatures, permanent snow or ice coverage, rapid temperature changes, prolonged and above-average humidity, etc.), the defendant shall not be liable for any damage caused by the defect. ), which affects the operation of the photovoltaic system (hereinafter referred to as "PV system") and as a result of such a situation it is not possible to test the claimed defect on the PV system, this fact cannot be the subject of a claim and the period of time during which it is not possible to test the defect of the goods shall not be included in the time limits in the case of a pending claim.
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8.3 The Buyer acknowledges that the Seller shall not be liable for damages in the form of lost profits of the Buyer in terms of production and revenue of the PV Plant, in the event of non-functioning of the PV Plant due to the resolution of a claim for inverter, battery or other hardware - accessories associated with the production of the PV Plant.
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9. Final provisions
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9.1 This DG is valid from 1 January 2024.
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9.2.
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9.3 The Seller reserves the right to make changes to this DG at any time. The amendment of this GTC shall not affect the contractual relationship that arose during the validity of the previous version of the GTC.
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9.4 Contact details of the Seller for delivery of the claim: ifTECH s.r.o., Customer Service Department, U Panelárny 531/2a, Olomouc 779 00