Warranty Claim Policy

Company: Sims Recycling Solutions s.r.o.
Place of business: Hviezdoslavova 53c, 627 00 Brno
 
ID: 25525573

VAT ID: CZ25525573    

Company is registered in the Commercial Register maintained by the Regional Court in Brno under file number 30380, section C

(hereinafter “Seller“)

1. General provisions

1.1 This Warranty Claim Policy was prepared according to provision of the Act no. 89/2012 Sb., Civil Code and the Act no. 634/1992 Sb., about the protection of consumer, as amended.

1.2 Buyer agrees by placing order with this Warranty Claim Policy.

1.3 In case that goods aren’t picked up personally, taking delivery origins in the moment when it is handed over to shipping company for the first time. 

1.4 The Seller issues tax documentation (invoice) to every purchased goods containing all necessary information for warranty claims (code of product, name, unit price, amount, name of merchant, contractual warranty…). Warranties for particular types of products and components are mentioned in 8.Warranty periods.      

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2. Warranty conditions

2.1 Rights of the Buyer follow the relevant legislation (especially § 2161 Civil Code).

2.2 If a defect occurs within the warranty period, the Buyer has a right to assert a claim. 

2.3 By contractual warranty for quality (the Warranty) the Seller pledges, that the goods will be eligible for using for the normal purpose for a certain period or will preserve usual quality. Stating the warranty period or the estimated useful life on sales receipt has the same impact. Warranty is contractual and is mentioned on sales receipt.

2.4 The Buyer has the right to assert a claim of the goods that were purchased from the Seller. The warranty does not cover damages caused by normal use or wear. Such a warranty does not affect the possibility to apply the right from the defective performance by the Seller for 6 months from purchase of product.

2.5 The claim must be asserted within the warranty period which is listed on the invoice. The warranty period for supplied goods begins on the date of issuance of the invoice and extends the period during which the product was in warranty repair.

2.6 In case of software goods, the warranty only covers the physical legibility of installation media. Upon the removal of packaging (wrapping, seal, envelopes, etc.) the Buyer becomes an authorized user of the software product and accepts the licensing terms of the software. It is no longer possible to return this product to the Seller.

2.7 As defects are considered these that were hidden to the Seller at the time of sale. 

2.8 As a defect cannot be consider a change (of quality) of product that occurred during the warranty period as a result of further use or wear. The warranty does not cover damage caused by:

  • damage of protective or warranty seals, barcodes or labels if they are used,
  • use of the product contrary to the conditions specified in the documentation,
  • use of incorrect or defective software,
  • change or upgrade of the software in violation with the minimal system requirements and compatibility stated by the producer of the product,
  • careless or improper use,
  • use of non-original consumable material,
  • mechanical damage to the goods,
  • damage caused by malware or computer virus,
  • damage caused by electrical surges,
  • that existed before purchase of product – Buyer was informed about damages before the moment he bought the product,
  • excessive stressing or using in contrary to the conditions mentioned in user's manual,
  • damage caused by natural disasters or force majeure,
  • performing unskilled (unauthorized) intervention or unskilled change in the hardware parameters,
  • inadequate or improper maintenance,
  • use of goods in conditions that do not conform to the office environment,
  • failure to comply service at intervals specified by the manufacturer,
  • damage of protective seals and serial numbers (ex. IMEI) if included,
  • when repaired in different service than specified by the Seller – in case of used goods,
  • when repaired in different service than authorized by manufacturer – in case of new goods.

2.9 If Buyer asserts claim, authorized employee of the Seller should decide on acceptance of the claim immediately, in complicated cases within three business days. This time does not include the time required for expert assessment of the defect. 

2.10 Warranty claim including removal of defect will be arranged in short order, but not later than within 30 days from the date of claim. Authorized employee of the Seller may in justified cases agree on a different deadline with the Buyer.

2.11 Buyer's obligations before submitting the computer system or data storage media for repair, is to make an adequate data backup to prevent possible loss or damage. Seller is no way liable for any loss, damage, or corruption of data.

2.12 Buyer who is an entrepreneur (uses name and ID of the company when conclude purchase contract) cannot use the right of consumer protection (ex. warranty claim doesn’t have to be solved within 30 days, he hasn’t right to withdraw from the contract in 14 days, etc.).

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3. Warranty claim process

3.1 Buyer has to prove the validity of the warranty by submitting a sales receipt and if the goods have ever been under complaint, document of claim as well. Seller can open the complaint procedure only if the Buyer gives evidence that the goods under complaint were sold by the Seller.

3.2 Warranty claim has to be always claimed in the place of business of the Seller:

  1. in person,
  2. by postal service or shipping company:
  • it is necessary that Buyer contacts complaint department at first, on phone: +420 548 424 910 or e-mail: reklamace.cz@simsmm.com,
  • authorized employee of the Seller assign RMA code (return merchandise authorization) to Buyer,
  • complained goods have to be sufficiently packed and secured carefully to avoid  damage during transportation,
  • packet has to contain all goods included in the complaint, detailed description of the defect and sufficient contact information of the Buyer (name, address, telephone number, including a copy of the sales receipt); settled complaint will be send back to this address,
  • packet should be visibly marked by assigned RMA code, packets without this mark will not be accepted by the Seller,
  • Buyer pays the shipping costs of transportation of the complained goods to the place of business of the Seller,
  • the Seller pays the shipping costs of transportation of the justifiably complained goods back to the Buyer, Seller has the right to choose the shipping company,
  • complained goods that aren’t picked will be destroyed on expiration of legal period.

3.3 Authorized employee of the Seller issues confirmation to the Buyer about the date he submitted a claim, how it was solved and about potential reparation and its duration.   

3.4 Goods with a warranty claim will be tested only for the defect specified by the Buyer.

3.5 Damage of the goods caused during the transportation follows the warranty claim policy of the shipping company.

3.6 Once the Buyer exercises any of the rights of defective performance such as the right to remove the defect or price reduction, he is bound by this manifestation and he cannot change the choice of exercised right, unless he agrees with authorized person by the Seller otherwise.

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4. Periods to claim warranty

4.1 Warranty has to be claimed in the warranty period. It is necessary to claim the warranty without delay – as soon as a defect shows up. Potential delay and ongoing using can cause worsening of defect, destruction of product and it could be the reason to dismiss the warranty claim.   

4.2 Period during which the claimed goods were under repair is not included to warranty period.

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5. Repairable defects

5.1 As repairable defects are consider these that are possible to repair without any loss of function or quality of goods.

5.2 In case of occurrence of repairable defect, Buyer has a right to have it repaired for free, in time and properly. Seller is obliged to repair defect without delay, no later than within 30 days from warranty claim application.

5.3 Authorized employee of the Seller will make decision about reparation and he will indicate or arrange the term of pickup of repaired goods by the Buyer, unless they agreed otherwise (shipment by Post or shipping company).  

5.4 In case of repairable defect, Buyer has the right of goods replacement (similar products) or withdrawal from the contract only in these cases:

  • warranty claim wasn’t arranged within 30 days from it application and there wasn’t another agreement,
  • Buyer cannot use the goods properly because of the repeated occurrence of the same defect after reparation or because of the more repairable defects. Repeated occurrence of the defect after the reparation is when the same defect occurred at least for the third time (was already repaired in warranty period at least two times). More repairable defects mean that there are at least three repairable defects simultaneously at the time of submitting claim.
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6. Irreparable defects

6.1 As irreparable defects are consider these that are not possible to be repaired or the reparation isn’t reasonable with regards to decisive circumstances.  

6.2 If the defect is irreparable, it means that the defect prevents to use the goods properly as goods without defect:

  • Seller offers goods replacement (similar product without defect),
  • if Seller cannot offer similar good, Buyer will receive purchase price of goods.
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7. Contradiction with purchase contract

7.1 Seller is responsible for the conformity of goods with purchase contract when the goods are received by the Buyer. Conformity with purchase contract means that goods have the quality and properties described by the Seller, or the quality and properties common for this type of goods with regard to the nature of the offered goods.

7.2 Contradiction with purchase contract that will show within six months from the day of receipt of the goods is considered existing at time of receipt, unless it doesn’t contradict the nature of the offered goods or will be proven otherwise. It does not apply if Buyer knew about the contradiction with purchase contract before accepting the goods or he caused the contradiction himself. Cases which contradict the nature of the offered goods are in particular the changes of quality of goods arose as a result of natural changes in material due to wear and tear of goods.     

7.3 If the goods aren’t in compliance with purchase contract in the moment of receipt by the Buyer, Seller is obliged without delay to put the goods to condition corresponding with purchase contract according to the requirements of the Buyer - either repair it or replace it (by similar product). If it is not possible, the Buyer could demand adequate discount or withdrawal from the contract.     

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8. Guarantee

8.1 Warranty provided by the Seller applies to products and services mentioned in tax receipt with following exceptions:

  1. consumable articles (toners etc.),
  2. accumulators and batteries (capacity),
  3. defective HDD sectors,
  4. defective pixels LCD (TFT) displays according to norm ISO 13406-2,
  5. reinstallation of software after breakdown of operating system caused by user.

8.2 Warranty provided by the Seller is effective only supposing that Buyer meets conditions arising from Terms and conditions and Warranty claim policy.

8.3 Warranty periods for goods:

  • new – 24 month (or valid warranty from producer),
  • newish, demonstration or unused (for example opened box) – 0 - 24 months,
  • refurbished – 0 - 12 months,
  • non-functional – without warranty.
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9. Post-warranty reparations

9.1 Seller offers to Buyer in pursuance of his professional activity also post-warranty service for bought goods.

9.2 These service operations follow valid price list of service operations.

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10. Final provisions

This Warranty Claim Policy is effective as of 16. 3. 2015 and supersedes all previous Warranty Claim Policies.

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