Europe
1. OPENING PROVISIONS
1.1 The present Claims Handling Rules (the “Claims Handling Rules”) of NOARK Electric Europe s.r.o., with its registered ofice at Prague 9, Horní Počernice, Sezemická 2757/2, Postcode: 193 00, registered in the commercial register maintained by the Municipal Court in Prague, Section C, file 181277 (the “Seller”) determine the mutual rights and responsibilities resulting from rights arising from defective performance concerning goods supply to the market by Seller (the “Goods”) and the person who has purchased such Goods for the purpose of its use (the “Buyer”). Unless specified otherwise herein, terms with capitalized first letters shall have the meaning specified in the Seller's General Terms and Conditions (the “GTC”), which are available at the Seller’s website.
2. WARRANTY
2.1 The Seller provides the Buyer with a warranty covering the quality of the Goods, lasting for five (5) years following the day of the Goods receipt by the Buyer (the "Warranty Period”). With this quality warranty, the Seller undertakes that during the Warranty Period, the Goods purchased by the Buyer shall be fit for use for the agreed purpose.
2.2 The warranty does not apply to defects caused or suffered especially as result of:
(a) improper storage of the Goods prior to installation and commissioning, i.e. by storing them in an area and under conditions that are in conflict with the relevant product standard and the Declaration of Conformity (unless stipulated otherwise by the Seller in writing), conditions specified in the GTC, User Manual, instructions for use, catalogue or another document issued or indicated by the Seller for these purposes;
(b) improper, wrongly designed or wrongly conducted the Goods installation, which means especially installation carried out in conflict with the conditions and requirements specified in either of the documents specified under point a) above;
(c) incorrect use of the Goods, meaning especially using the Goods in conflict with either of the documents specified under point a) above;
(d) using the Goods for purpose other than defined in either of the documents specified under point a) above;
(e) wear and tear related to the natural life cycle of the Goods and their regular use (e.g. the varistor of surge voltage protectors);
(f) excessive use of the Goods i.e. use in conflict with the Seller’s recommendation or instructions (e.g. by exceeding the number of declared operating cycles);
(g) using the Goods in conflict with any operating or installation condition specified in a product standard or any other document specified under point a) above;
(h) using the Goods in an environment or area under the influence of external impacts and/or if such environment or area does not correspond to the conditions stipulated or recommended by the Seller;
(i) incorrect maintenance of the Goods, meaning especially maintenance carried out in conflict with any of the documents specified under point a) above;
(j) connecting the Goods to any other goods or any other product or equipment in a manner other than recommended or stipulated by the Seller in either of the documents specified under point a) above;
(k) any changes or modifications of the Goods, carried out by the Buyer or any third person except persons determined or approved by the Seller;
(l) external impacts beyond the Seller’s control, meaning especially the effect of solar or other radiation, electromagnetic field, penetration of liquids, dust, pollen or any other object, overvoltage in the power system, line voltage fluctuations, overvoltage or short-circuit on inputs or outputs, voltage generated by electrostatic discharge (incl. lightning), incorrect feed or input voltage, unsuited voltage polarity or impact of chemical processes; and
(m) acts of Force Majeure, including but not limited to inundation, flood, fire, lightning, earthquake, strike or civil riots.
2.3 If the Goods have no defect but do not fulfil the functions foreseen or expected by the Buyer, or if the Goods cannot fulfil such functions because their installation has been designed or carried out in a way even objectively preventing the Goods from fulfilling these functions, such situation is not deemed a conflict with the Purchase Agreement and no warranty claim shall be accepted. Furthermore, no discrepancy in size, colour or shape of the Goods compared to its representation specified in a catalogue or another document of the Seller shall be considered a defect.
3. CLAIMS AND EUROPEAN WARRANTY
3.1 The Buyer is entitled to raise a claim covered by its rights arising from defective performance concerning the Goods that occurred in the course of the Warranty Period (the “Claim”) at either branch store included in the list provided to the Buyer at the moment of purchase of Goods or available at Seller's website (the “List”).
3.2 Under the terms of these Claim Handling Rules the Buyer is entitled to raise the Claim also outside the territory of the country, where the Goods have been purchased, provided that such other country (business premises) is included in the List.
3.3 The following conditions shall be met in order to assert the Claim:
(a) identification of a person that has purchased the Goods and raises the Claim;
(b) identification of the Goods which are subject of the Claim (type, code and other identification details of the Goods);
(c) presenting the original certificate of purchase of the Goods;
(d) completing a claim protocol in the language of the relevant country, where the Claim is being raised;
(e) a detailed description of the defect in the Goods and how the defect becomes evident;
(f) a detailed description of the technique of commissioning and use of Goods;
(g) preferred method of handling the Claim; and
(h) raising the Claim exclusively in an authorized service workshop specified in the List.
3.4 The Claim shall be handled without undue delay in the following manners:
(a) if the defect is reparable, the Buyer is entitled to require (i) remedy of defect by the Goods repair, (ii) delivery of the missing Goods; or (iii) an adequate Purchase Price discount; and
(b) if the defect is irreparable, the Buyer is entitled to require (i) replacement of the Goods; (ii) Purchase Price discount; or the Buyer can withdraw from the Purchase Agreement.
3.5 The Buyer acknowledges and agrees that if a Claim is raised (i) in a country other than the country where the Goods have been originally purchased; or at (ii) any party other than the party from which the Goods have been originally purchased (e.g. if the Buyer has purchased the Goods from a third party and raises a Claim directly towards the Seller), shall be, differently from the Article 3.4 of these Claims Handling Rules, handled exclusively by a repair or replacement of the Goods. For avoidance of any doubt about the meaning of this arrangement, it is expressly stated that in cases according to the first sentence of this Article, the Claim cannot be settled by granting a discount and it is impossible to withdraw from the purchase agreement on the basis of which the Goods were purchased.
3.6 The Buyer is entitled to choose the method of remedying the defect of the Goods. This entitlement is limited in the case of Claims under the Article 3.5 of these Claim Handling Rules.
4. VALIDITY OF CLAIMS HANDLING RULES
4.1 These Claims Handling Rules enter into force as of 1 January 2015.
