This claims procedure regulates certain conditions for asserting rights arising from defective performance, providing the quality guarantee and defect notifications from the quality guarantee (hereinafter together also referred to as “Claims”) in relation to goods purchased by customers from K-Drives a.s., with the registered office at Družstevní 1200/20, 789 85 Mohelnice, company number: 41031130, tax identification number: CZ41031130 (hereafter only “K-Drives“).
Claims conditions are also covered by the K-Drives General Terms and Conditions.
Regarding rights arising from defective performance, the rights and obligations of customers and K-Drives are also governed by the appropriate generally binding legal regulations (in particular by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act no. 634/1992 Sb., the Consumer Protection Act, as amended).
K-Drives may provide a quality guarantee for selected goods in accordance with Section 2113 of Act no. 89/201 Sb., the Civil Code, as amended (hereafter only “Civil Code”), on the basis of which it undertakes the delivered goods will be fit for use for the usual purpose for a determined period.
In this case, the quality guarantee’s duration, as well as the customer’s rights arising from this guarantee, are governed by the conditions of the provided quality guarantee. Such conditions prevail over the provisions of this Claims procedure, unless otherwise specified.
The guarantee period commences upon the takeover date for the goods. The guarantee period is extended by the time it takes to fix any defects or exchange goods. Such facts are specified in the Claim Report, if applicable.
Unless stipulated otherwise, the quality guarantee does not apply:
to defects caused by incorrect and improper operation (installation), or inappropriate handling and use;
to consumables whose lifetime is determined by the nature of the goods;
to defects caused upon use of incorrect accessories, fuses, or incorrect consumables;
to defects caused upon use of goods in conditions inconsistent with the intended environment;
to defects caused by plugging into an electrical network that does not meet the product’s technical specifications;
after unauthorised interference with (modifying) the goods without the vendor’s prior written permission;
to damage resulting from natural disaster, violent damage, weather conditions;
if the security seals, guarantee labels or serial number labels have been broken or damaged;
to defects caused by damaging the goods during transportation (this needs to be resolved on the spot with the courier – see the General Terms and Conditions);
if goods are labelled at the time of sale as used.
The customer is obliged to assert the claims without undue delay upon identifying the defects.
It’s necessary to assert the claim in K-Drives business premises of at Družstevní 1200/20, 78985 Mohelnice, where K-Drives also have their registered office and place of business, within the working hours of these business premises. The customer shall deliver the goods that are being claimed into the business premises in person, or send or deliver it by other means, under the following conditions:
The purchase of the goods that are being claimed shall be proved by the customer with a proof of purchase (invoice, receipt etc.), guarantee certificate or by any other appropriate means.
The customer shall deliver the goods in their entirety, including manuals, documents, cables and other accessories (this does not apply to consumer customers).
The customer shall attach a description of the defect for each part and the frequency of occurrence or describes the defect in person to the authorised employee of K-Drives at their business premises.
If the customer is unable to deliver the claimed goods to K-Drives business premises, for example, due to major difficulties or unreasonably high costs, it’s possible to come to an agreement with K-Drives to assess the claimed goods defects on the spot or otherwise. In such a case, the customer is obliged to provide K-Drives with the necessary cooperation in order to assess the claim.
The claimed goods shall be wrapped in appropriate packaging during transportation so that it isn’t damaged.
In case of goods claimed due to K-Drives liability for defects according to Section 2099 et seq. of the Civil Code, the customer is obliged to inform K-Drives when giving notice about the defect or without undue delay after the defect notice, which right arising from the defective performance he has chosen according to Section 2106 of the Civil Code.
If the customers bought the goods as consumers and the goods lack the properties specified in Section 2169 of the Civil Code, the customer has the rights arising from the defective performance according to Section 2169 of the Civil Code, i.e.:
The customer may also require the supply of a new product without defects, unless it’s disproportionate to the defect’s nature, but where the defect only concerns a part of the item, the customer may only request a replacement part; if it’s impossible, he may withdraw from the Agreement. If, however, it’s disproportionate to the defect’s nature, in particular, where the defect can be removed without undue delay, the customer has the right to have the defect removed gratuitously.
Even when a defect is removable, the customer is still entitled to be supplied with a new product or a part replacement if he/she can’t use the product properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the customer also has the right to withdraw from the Agreement.
If the customer doesn’t withdraw from the Agreement or assert their right to the supply of a new defect-free product, a replacement part or the product repaired, they may request a reasonable discounted price. The customer has also the right to a reasonable discounted price in the event of K-Drives being unable to supply to them with a new defect-free product, a replacement part or the product repaired, as well as cases where K-Drives fail to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the consumer.
K-Drives draw-up a Claim Report regarding every claim, containing the claim’s serial number. If the customer fails to comply with any of the above-mentioned conditions in Article 3.2, additional conditions for the claim’s acceptance may be agreed by K-Drives and the customer.
K-Drives endeavours to process the claims as quickly as possible by repairing or exchanging defective goods.
Upon agreement with the customer, the vendor reserves the right to replace the claimed goods with other goods with the same functional parameters, ensuring that the time it takes to process the claim is as short as possible.
Due to the supplied products nature, K-Drives promptly forwards the claimed products to the relevant product manufacturers’ departments or to manufacturer-authorised guarantee service centres for claims to be processed. The results of the claims procedure held by the manufacturer or an authorised service centre (and documented in the Claim Report from the manufacturer / service centre in question) are considered to be binding.
K-Drives will send settled claims by carrier service or post or prepare them for personal pick-up at K-Drives business premises, as indicated in the Claim Report.
In some cases, and for some groups of goods (in particular MotionControl and Automation products – frequency converters and automation components), Siemens initially settles the claims by supplying a replacement product (a product with the same type designation). The replacement product always remains with the customer, and if the result of the claim review is rejected (customer fault), a replacement product is charged to the customer. If the claim is recognised, a replacement product is given to the customer free of charge. Ownership of the defective (claimed) product always passes to Siemens. Based on the agreement with the customer, the claim may also be settled in this way. After the replacement product has been supplied, it’s no longer possible to withdraw from this claim settlement method.
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Before contacting our claims procedure department, please download and fill out the form below.
You can download the Notice of Withdrawal from the Agreement here.
