The rights related to faulty performance shall be in accordance with the relevant provisions of the Civil Code, in particular the provisions of § 1914 to § 1925 and § 2099 to § 2117. They apply to movable assets (hereinafter referred to as items) for which the rights of the Customer related to responsibility of the quality warranty (hereinafter referred to as warranty) are applied. The Supplier is the company called GAMA GROUP a.s., address: České Budějovice, Mánesova 11/3b, Post Code 370 01, Business ID: 45797463, as registered in the Commercial Register conducted by the Regional Court of České Budějovice, under Section B, File 1286. The Customer is a subject who buys the items from the Supplier. By using the warranty, the Supplier agrees that the items will be usable for a certain purpose and for a certain period of time; or that the items will retain their usual properties during proper storage within the specified warranty period or within usability of the things specified on the packaging or in advertising. The warranty period begins on the date of delivery of the items. If the Supplier is obliged to send out a item, then the warranty period begins on the date of receiving the item at the agreed destination. The period of the warranty does not run during the time that the Customer cannot use the item due to defects for which the Supplier is responsible. After the transfer of damage risk to the Customer, the Customer has no right to the warranty against the Supplier and/or the persons with whom the Supplier performs their obligation if the defect is caused by an external event. However, this cannot be applied if the defect has been caused by the Supplier.
The Supplier shall provide the Customer with the items (hereinafter also referred to as subject of purchase) in the agreed quantity, quality and design. If the quality and design have not been agreed, then the Supplier should perform their obligations in accordance with the quality and design necessary for the purpose, which is either apparent from the Contract or for any usual purpose. If the subject of purchase shows obvious defects, especially in the case when the subject of purchase is delivered in damaged transport packaging, then the Customer is entitled to refuse to accept such items. In this case, the right of the Customer to be provided with proper performance by the Supplier shall remain preserved. The Customer is obliged to inspect the subject of purchase (by using professional care) after taking it over and to do so without undue delay, taking into account the nature and quantity of the items delivered. The Customer is obliged to claim for obvious and quantitative defects, those detected during inspection of the subject of purchase, without undue delay (whilst keeping a record of accepting the subject of purchase), no later than 2 calendar days from the date of taking the subject of purchase over. If the Customer fails to provide the Supplier with a written notice of detected faults within 2 calendar days following the date of receiving the subject of purchase, then the Customer's rights of remedies for the faults mentioned above will cease.
The Supplier is responsible for any defect on the subject of purchase at the time when the risk of damage of the goods tranfers to the Customer, even if the defect becomes apparent after that time.
If there are any defects on the items, after taking over of the subject of purchase by the Customer, during the warranty period, then the Customer may exercise their right relating to the warranty. The warranty period is the same as the time period stated on the packaging of the relevant item. The Supplier is not liable for warranty-covered defects if the warranty cannot be recognised as legitimate in the cases in which the defects arose during the warranty period due to improper storage practice, misuse, improper handling that does not meet the purpose for which the goods have been designed or due to any other improper intervention.
Defects of the subject of purchase must be claimed in writing at the above stated address of the Supplier. The written claim must include: the exact specification of the item, a description of the defects, the number of defective pieces, the relevant numbers of the documents with which the subject of purchase had been delivered, the name of the person claiming for the defects and the full contact details of said person. When making a claim, it is necessary to provide a sample of the defective item, or any other evidential material.
Defects with the subject of purchase, including the process of defect resolution, must be completed without undue delay.This process should take no later than 30 calendar days from the date of the defect claim, or unless the Supplier and Customer agree an extended period. After this period, the Customer has the same rights as if it was a defect that could not be resolved.
If it is necessary to send the items to the Supplier, then the Customer shall, in his own interest, package the items in appropriate and adequately protective containers. The Supplier is not liable for any defects which are caused by improper transport of the items. The Customer and Supplier may agree on any of the following methods of settling the faulty performance (if the Contract is deemed materially breached):
- resolving the defect by supplying a new item, which is itself without any defects or by supplying any missing items/parts;
- resolving the defect by repairing the defective item;
- adequate discount of the purchase price;
- terminate the Purchase Contract.
The Customer shall inform the Supplier about the remedy they wish to exercise at the time of submitting their notification of the claim, which must be done without undue delay. The Customer is not entitled to change the remedy that they opted for without the previous consent of the Supplier. This, however, does not apply if the Customer has requested that the item() be repaired of defects when it is later found that the items are proven unrepairable. If the Supplier fails to resolve the defects within an adequate, or the agreed and extended, period of time, or if the Supplier notifies the Customer about their intention not to resolve the defects, then the Customer may request the remedy of a reasonable discount of the purchase price, instead of resolution. In such a case, the Customer may also decide to terminate the Contract.
If the Customer fails to exercise their legal rights within the time periods stated above, then only the remedies of a minor breach of the Contract are available to them.
If the faulty performance of the item(s) means a minor, non-fundamental breach of the Contract, then the Customer has the following rights:
- delivery of missing goods or elimination of the legal defect;
- repair of the defect;
- adequate discount of the purchase price.
The Customer may request a discount of the purchase price only if the Supplier fails to the supply missing items or if the Supplier fails to resolve the defects of the items within a reasonable time period. If the Customer requests for the items to be repaired and if it is later proven that the faults are unrepairable (or if the repair demands unreasonable costs), then the Supplier may deliver new items, which are free from defects instead of making the repairs.
After due settlement of a claim, the Supplier shall send the Customer the repaired items.
In the event of exercise of the legal right relating to faulty performance, the Customer will inform the Supplier about this case and they will both agree on the most appropriate way to resolve the issue of faulty performance. With regard to the nature of the right, as related to the faulty performance, the Supplier may offer the Customer the option of a visit of an employee from a respective production plant in which the subject of purchase was manufactured. This, therefore, allows for the verification of the faulty performance right on site.
These rights related to the faulty performance come into effect on 1 September 2014. Any changes in the rights in relation to faulty performance are reserved. The Supplier is obliged to inform the Customer of any such changes.