This Claim Resolution Procedure is issued by STOPSAU s.r.o., with registered office 742 93 Slatina 68, 742 93 Slatina u Bílovce, Co. ID No. 28612931, Tax ID No.: CZ28612931, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, entry 34724, tel.: 777 666 045, e mail: stopsau@stopsau.cz (hereinafter referred to as the “Seller”).
This Claim Resolution Procedure contains information on the scope, conditions and exercise of the right arising from defective performance (hereinafter referred to as the “Customer Claim”) in connection with purchase orders (purchase contracts) made between the customer and the Seller together with description of how the Customer Claim can be filed.
I.1. The Customer Claim shall be filed by sending a letter to the Seller’s address provided above or an e-mail message to address stopsau@stopsau.cz
I.2. The Customer Claim shall be filed without undue delay after the defect is revealed. Any delay and continued product use can cause aggravation of the defect, destruction of the product and can justify a refusal of the Customer Claim.
I.3. The authorized member of the Seller’s personnel shall be obliged to provide to the customer a written confirmation specifying when the right was exercised by the customer, content of the Customer Claim and which manner of the Customer Claim resolution is required, confirmation of the Customer Claim resolution date and manner including confirmation of repair performance and duration and, if applicable, written justification of the Customer Claim refusal.
I.4. The authorized member of the Seller’s personnel shall decide on the Customer Claim immediately or – in difficult cases – within three business days. This period does not include the time (depending on the product or service type) necessary for expert assessment of the defect. The Customer Claim including the defect correction shall be resolved without undue delay but not later than 30 days from the Customer Claim filing date, if a longer period is not agreed by the Seller with the customer.
II.1. The rights and obligations of the Seller and the customer regarding the Seller’s guarantee for product quality at acceptance and the customer’s rights arising from defective performance are governed by applicable regulations, in particular Section 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the “Civil Code”) and Act No. č. 634/1992 Coll. on Customer Protection (hereinafter referred to as the “Customer Protection Act”).
II.2. The Seller guarantees to the customer that, on the acceptance date, the product has the properties which were agreed on between the Seller and the customer, is free of defects, is designed for the agreed purpose and meets the requirements of applicable legal regulations.
II.3. A change in the product properties which has been caused as a result of the product wear, improper use, inadequate of inappropriate maintenance, natural changes in materials of which the product is made, any damage by the customer or third person or other improper handling cannot be regarded as a defect.
II.4. If the customer does not withdraw from the purchase contract (acknowledged purchase order) or exercise the right for delivery of a new product free of defects, replacement of part or repair of the product, it shall be entitled to require a reasonable discount. The customer shall have the right for a reasonable discount also in case the Seller cannot deliver to the customer a new product free of defects, replace part of or repair the product as well as in case the Seller does not arrange for remedy within the statutory or agreed time limit or in case the arrangement for remedy would cause considerable difficulties to the customer.
II.5. The right arising from defective performance shall not accrue to the customer, if the customer has been provably informed of a defect of the goods before the product acceptance or if the defect has been caused by the customer’s acts or failure to act.
II.6. The right selected by the Customer shall be advised by the Customer to the Seller when filing the Customer Claim or without undue delay after the defect notification. The selection made by the Customer cannot be changed without the Seller’s consent. This does not apply if the Customer required a repair of defect which proved to be irreparable. If the Seller fails to correct the defect within the statutory or agreed time limit or notifies the customer that the defects will not be corrected, the customer shall be entitled to require a reasonable discount on the purchase price instead of the defect correction or to withdraw from the contract.
II.7. If the Seller fails to correct the defect in time or refuses to correct the defect, the customer shall be entitled to require a discount on the purchase price or to withdraw from the contract. The selection made by the Customer cannot be changed without the Seller’s consent.
This Customer Claim Resolution Procedure was drawn up in accordance with the Civil Code and the Customer Protection Act. The Customer Claims shall be handled in accordance with this Customer Claim Resolution Procedure, the Civil Code, the Customer Protection Act and other applicable legal regulations.
This document is valid from 1 January, 2021. The previous version is hereby cancelled with the effect from this date.
