Complaints Procedure

7. Rights of the Consumer of defective performance

7.1 Seller shall be liable to the consumer that goods he receipts do not have any defects. In particular, the seller is liable to the consumer at the time when the consumer takes over the goods:

(I) the goods has features , which the parties have agreed, in case of the absence of agreement, those characteristics that the seller or manufacturer described or expected by the consumer with regard to the nature of the goods concerned and the advertising they carry;

(II) the goods are suitable for the purpose for which the use or seller lists or to which this kind of thing normally used;

(III) the quality of received goods correspond to the agreed sample or the draft, if it was quality or performance determined in accordance with the agreed sample or model;

(IV) the goods is in the right quantity, measure or weight, and

(V) the goods meets the requirements of the legislation.

If the consumer finds any damage of the goods or the difference between the invoice (warranty certificate) and the delivered the goods, the seller recommends the consumer to contact the seller immediately in order to eliminate such defects. In case there is a defect within six months of receipt of goods, it is considered that the case was already defective upon delivery.

7.2 If goods do not possess the features listed in section 7.1 the consumer has the following rights:

(I) the right the goods to be replaced, unless the replacement is not disproportionate nature of the defect. Consumers should may be entitled to the exchange of the broken component if the defect relates only o a part of the goods;

(II) the right to withdraw from the contract if it is not possible to goods to be replaced or replace of broken parts;

(III) the right to the free remedy (repair) if it is due to the nature of the defect procedure described in points (i) and (ii) disproportionate, especially if goods can be fixed without undue delay;

(IV) the right the goods to be replaced, or replacement parts, or to withdraw from the contract even if the defect is removable, it is not possible to use the goods properly for recurrence of defect or for a large number of defects;

(V) the right to reasonable discount if the consumer withdraws from the contract or do not apply the right to the supply of goods , the replacement of broken parts or repair of the goods. The consumer may require an appropriate discount also if the seller cannot deliver new goods without defects, replace the part or goods to fix, and if the seller fails to remedy within a reasonable time, respectively. In a situation where the remedy seemed inconvenience to the consumer. Reasonable discount from the price must be applied by the consumer instead of the right to exchange claimed goods for a lower price, or at used products.

The rights of the consumer of defective performance do not apply to the consumer if the consumer before the takeover of goods knew that goods were defective or if the consumer he has caused the defect himself.

7.3 The consumer is entitled to claim the right of defects that appear on the goods at the time of twenty four months from receipt of the goods, this does not apply:

(I) to goods sold for a lower price on a defect for which the lower price was made;
(II) the wear and tear caused by normal use;

(III) in used to the defect corresponding to the normal use and usual wear, which the product had when consumer took over the product or

(IV) if it appears to the nature of the product.

7.4  Defects are applied in any shop of the seller, in which there is possible to take the claimed product considering the assortment of goods sold or services provided, whether at the headquarters of the seller. The Seller is required to give the consumer a written confirmation that the consumer has applied the right to make the claim, the content of the claim and what claim settlement consumer requires. Seller shall provide the consumer with confirmation of the date and method of clim settlement, including confirmation of repair and its duration, or a written justification for rejecting the claim. Recommended for application defects address is:

TEMPISH s.r.o.

bratří Wolfů 495/16

779 00 Olomouc - Chválkovice

Česká republika

or e-mail address: reklamace@tempish.cz

However, if the invoice (warranty card) listed other person responsible for repair, which is located in the seller or location closer to the consumer, the consumer applies the right to repair by the person who is determined to complete the repair. The person so designated to repair does so within a period agreed between the seller and the consumer when buying the goods.

7.5  Selecting the method of claim settlement is carried out by the consumer. If the consumer does not choose settlement method within 3 days after the claim, method is chosen by the seller.

7.6  Seller shall decide on the claim immediately, in complicated cases within three working days from the proper application of the claim. This period does not include the time reasonable needed according the type of product or service required for expert assessment of the defect. Claims, including the removal of defects must be handled without undue delay, within 30 days of the claim, unless the seller and the consumer agree on a longer period. Expiry of that period shall be deemed as a fundamental breach of the purchase contract. This period does not run if the consumer has not supplied the Seller all information and documents needed to process the claim.

7.7 On delivery of a new product the consumer returns to the buyer's expense product originally delivered.

7.8 In case of a justified claim the consumer is entitled to reimbursement of reasonable expenses incurred in connection with the application of defect, the amount of the costs reasonably incurred is the consumer obliged to prove to the seller.

7.9 The provisions of the above paragraphs of this Article 7 do not apply on the purchaser who is not a consumer. The rights of defective performance belonging to a purchaser who is not a consumer shall be governed by the Civil Code.