Warranty Claim Guidelines
The Warranty Claim Guidelines regulate the manner and the conditions of warranty claims for defective goods purchased by a company/an entrepreneur from the company
Centurion Systems, s.r.o., with registered office at Praha 8, Bínova 529/2, zip code 182 00,
Registration No: 27198227
VAT ID: CZ27198227
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 103788
Delivery address: Bínova 529/2, 182 00 Praha 8
Telephone number: +420 283 880 018
Contact email: firstname.lastname@example.org
1. Liability of the seller for defects
The seller is liable for the defects which occur on the goods at the moment of its takeover. This means that the goods:
- have characteristics, which have been negotiated between the contracting parties, which the seller describes, or which the buyer could expect with regard to the nature of the goods and on the basis of an advertisement;
- have the right quantity, measure or weight;
- meet the requirements laid down by legal regulations;
- are suitable to be used for the purpose the seller states or which the goods are usually used for;
- have the quality which has been negotiated between the contracting parties, or the quality which valid and effective legislation lay down for the type of goods concerned; and
- do not have any legal defects, i.e. no third person has property rights to the goods and the goods are fitted with all documents necessary for proper use.
The situation where the seller delivers other goods to the buyer than which have been negotiated between the contracting parties is also considered defect.
The seller provides 12-month quality guarantee for unused goods and at most 6-month quality guarantee for used goods unless the website states otherwise. The quality guarantee is provided in accordance with terms stated on the website, documents enclosed with the goods and/or in the service contract. Service intervention at the place of installation is not included in the quality guarantee.
The disparity of colour tones in reality and on electronic display devices is not considered as the defect of the goods.
2. Rights of the buyer from defective performance
The rights from defective performance are governed by the provisions of Section 2099 to 2117 of the Civil Code.
If defective performance constitutes a fundamental breach of a contract, the buyer has the right to:
a) have the defect removed by having a new defect-free thing or a missing thing supplied;
b) remove the defect by having the thing repaired;
c) a reasonable reduction of the purchase price, or
d) withdraw from the contract.
If defective performance constitutes a non-fundamental breach of a contract, the buyer has the right to:
a) have the defects removed;
b) a reasonable reduction of the purchase price.
The buyer is obligated to inform the seller which right he has chosen upon the notification of the defect. If the buyer fails to make his choice of right in time, the seller may choose the right himself. The buyer cannot change his choice made without the seller’s consent.
If the buyer is convinced the defective performance constitutes a fundamental breach of the contract, he is obligated to prove it.
The buyer acknowledges that until he asserts his right to a reduction of the purchase price or the right to withdraw from the contract, the seller may supply the missing goods or remove a legal defect (particularly by supplying missing documents).
The buyer may not withdraw from a contract or demand the supply of a new thing if he cannot return the thing in the same condition in which he received it. This does not apply if:
a) there has been a change in its condition as a result of inspection to discover a defect of the thing,
b) the buyer used the thing before discovering the defect,
c) the buyer did not cause the impossibility to return the thing in the same condition by an act or omission, or
d) the buyer sold the thing before discovering the defect, consumed it or altered the thing when using it in proper way; if it occurs only partially, the buyer shall return the seller everything the buyer still has and shall compensate the seller in the amount of the benefit the buyer enjoyed as a result of the use of the thing.
3. The impossibility to exercise the rights from defective performance
The buyer does not have the rights from defective performance if he has the knowledge of the defect prior the takeover of the thing or he causes the defect by himself (in particular by disregard to General Terms and Conditions of Sale and/or the manual enclosed with the goods).
Warranty and liability claims for the defects also do not apply to:
- the wear and tear of the thing caused by its normal use;
- a defect caused by incompetent installation by the buyer;
- a defect of the thing sold for a lower price for which the lower price was stipulated; or
- if it follows from the nature of the thing.
The quality guarantee does not apply to change of the usability of the goods caused by:
- mechanical or natural deterioration;
- use of unoriginal components, parts of the system and/or unoriginal safety tags;
- incompetent installation;
- incompetent manipulation;
- electromagnetic interference at the place of the installation.
4. Process of warranty claim
The buyer is obligated to assert his warranty claim with the seller without undue delay from finding out of the defect. The seller accepts the warranty claims at his contact address.
Claim shall be asserted in the following manner:
- for faster processing, the buyer can contact the seller in advance by telephone, e-mail or in writing;
- the buyer is obligated to describe the defective performance or to describe how it occurs;
- the buyer shall deliver the claimed goods to the seller (other than by cash on delivery, which the seller does not take over); the buyer is obligated to send the goods wrapped in a suitable packaging to avoid damage or destruction;
- the buyer shall attach a receipt or an invoice.
In case of unqualified warranty claim the seller is entitled to reimbursement of the costs incurred in asserting the warranty claim (in particular reimbursement of the costs for the expert assessments of the defect).
The buyer is not entitled to reimbursement of the costs incurred in asserting the warranty claim.
The Warranty Claim Guidelines are valid and effective as of 22nd July, 2019