Warranty and Complaint Terms and Conditions
These Warranty and Complaint Terms and Conditions (hereinafter referred to as the "WTC") regulate the mutual rights and obligations of Moire Labs s.r.o., with its registered office at Zámocká 14, 811 01 Bratislava - Staré Mesto, Company ID No. (IČO): 36 835 889, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No.: 47997/B (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer") in the commercial obligation relations arising between the Seller and the Buyer.
These WTC do not apply to the delivery of goods to consumers, i.e. to natural persons who are not acting within the scope of their trade or other business activity when concluding and performing the contract.
The Seller may change or supplement the wording of the WTC. This shall be without prejudice to the rights and obligations of the parties arising during the effectiveness of the previous version of the WTC.
The Buyer hereby expressly acknowledges, that the Goods supplied are a product used to measure the physical, chemical, mechanical or electrical properties of materials and/or, where applicable, to transmit such data via telemetry systems and for this purpose must be properly commissioned (put under operation) by the Buyer in accordance with the instructions for assembly and installation of the product.
Buyer's rights under liability for defects
In addition to these WTC, the rights and obligations of the Seller and the Buyer in claiming liability for defects are governed also by the applicable provisions of the Slovak legal framework, in particular, by Act No. 513/1991 Collection of Laws, Commercial Code (hereinafter referred to as "CC"), as well as other generally binding legal regulations of the Slovak Republic.
The risk of damage to the Goods shall pass to the Buyer at the time when he takes over the Goods from the Seller or if he does not do so in a timely manner, at the time when the Seller enables him to dispose of the Goods and the Buyer violates the contract by not taking over the Goods.
The Seller is liable to the Buyer that the Goods is free of any defects at the time of acceptance of the Goods, as well as during the warranty period. In particular, the Seller shall responsible vis a vis the Buyer that at the time when the Buyer takes the Goods over:
- the Goods have the characteristics agreed between the parties and, in the absence of agreement, the latter have the characteristics specified by the Seller;
- the Goods are fit for the purpose stated by the Seller, as needed for their use;
- the Goods correspond, in terms of quality or workmanship, to the sample or specimen if the quality or workmanship was determined by reference to the sample or specimen agreed;
- the Goods are of the appropriate quantity, measure, quality or weight; and
- the Goods comply with the requirements under the legislation and binding technical standards.
The Buyer is obliged to inspect the Goods with professional care as soon as possible after the risk of damage to the Goods has passed and to satisfy himself as to their characteristics and quantity.
By guaranteeing the quality of the Goods, the Seller undertakes in writing that the delivered Goods will be fit for use for the agreed, otherwise customary purpose for a certain period of time, or that they will retain the agreed, otherwise customary characteristics.
Unless otherwise agreed in the contract, the warranty period is 1 year. The warranty period starts, unless otherwise stated, from the receipt of the goods by the Buyer. The right arising from the liability for defects, to which the warranty period applies, shall expire if they have not been exercised within the warranty period.
The warranty period does not include the period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the Goods after the end of the complaint procedure. In case that the Goods are replaced, the warranty period starts again starting from the receipt of the new Goods.
Liability for defects in the Goods does not extend to such defects which are caused by acts or omissions of the Buyer or other persons, which are contrary to the manual or the instructions for installation and/or use. Claims for mechanical damage to the goods which was not apparent upon receipt of the shipment, shall be made by the Buyer immediately upon discovery. Later claims of this kind can no longer be accepted.
In particular, the warranty does not cover:
- normal wear and tear of the Goods;
- use of the Goods in unsuitable or inappropriate conditions and/or defects caused by improper design (project) of the Buyer;
- unprofessional commissioning of the goods or defects caused by incorrect electrical wiring in contravention of the applicable installation, operation and maintenance documentation;
- unprofessional or improper handling, unprofessional or improper assembly, unprofessional or improper installation, defects caused by improper electrical wiring, failure to comply with prescribed voltages, unprofessional or improper tampering, alteration or dismantling, violent damage or neglect of maintenance or in the event of any unprofessional tampering with the goods during the warranty period by anyone other than an authorised person;
- the shortcomings or defects in the Goods have been caused by force majeure or by the faulty conduct of the Buyer or a third party authorised by the Buyer.
Claims can be made during the warranty period. The moment when the Seller receives the claimed Goods from the Buyer is considered the moment when the claim is made.
The claim shall be made in writing, whereby the Buyer is obliged to state as concisely as possible a description of the defect in the Goods and how it manifests itself. In the event that the Goods have been delivered in a different quantity, quality or design than that specified in the contract, the claim must be lodged with the Seller immediately upon receipt of the Goods.
Together with the written complaint, the Buyer is obliged to submit to the Seller the decisive facts regarding the defects of the claimed Goods, the relevant delivery notes for the Goods and to deliver the Goods in a cleaned and hygienic condition to the Seller's registered office for the assessment of the complaint.
The Seller shall then confirm to the Buyer, his acceptance of the claim, which shall be sent to the Buyer's e-mail address specified in the written claim.
The costs associated with the delivery of the claimed goods to the Seller's registered office shall be borne and paid in full by the Buyer.
If the Goods are defective, the Buyer's claims for liability for defects, whether for material or immaterial breach of contract, shall be satisfied according to the choice made by the Seller, namely:
- by supplying the missing goods, or
- by remedying any other defects in the goods, or
- by supplying replacement Goods for the defective Goods; or
- giving a reasonable discount on the purchase price; or
- justifying the rejection of the complaint.
The Seller shall settle the complaint within 30 days of its proper filing. In the case of a more complex or complicated defect in the Goods, the Seller is entitled to unilaterally extend the duration of the claim procedure by a further 30 days period, even repeatedly. The Seller shall notify the Buyer of the extension of the complaint procedure to the e-mail address specified in the complaint.
A legitimate claim and the satisfaction of the Buyer's claim from a legitimate claim is free of charge.
In the case of an unjustified claim, the Buyer is obliged to pay all costs incurred in resolving the claim in accordance with the Seller's price list or prices specified to the Buyer in the invoice.
If any provision of the WTC is or becomes invalid, ineffective or disregarded, a provision whose meaning is as close as possible to that provision shall take the place of that provision. The invalidity of one provision shall not affect the validity of the other provisions.
Done in Bratislava on 1 December 2020
Moire Labs s.r.o.