1 Introductory provisions

  1. These warranty and claim terms and conditions govern the relationship between exe, a. s., with the registered office at Plynárenská 1, 821 09 Bratislava, Company ID: 17 321 450, which is registered in the Business Register of the Bratislava I District Court, Section: Sa, File No.: 6180/B (hereinafter referred to as “the Supplier”), and the Customer and they form an integral part of the contract concluded between the Supplier and the Customer.
  1. The relationship between the Supplier and the Customer with regard to dealing with warranty claims is governed by the respective provisions of Act No. 513/1991 Coll. (Commercial Code) as subsequently amended (hereinafter referred to as “the Commercial Code”) and the provisions of these Warranty and Claim Terms and Conditions (hereinafter referred to as “W&C Terms”). The Supplier and the Customer hereby agree that the provisions of the W&C Terms take precedence over the respective provisions of the Commercial Code except the application of the mandatory norms of the Commercial Code.
  2. These W&C Terms become effective for the Customer upon confirmation of an order by the Supplier.
  1. When these W&C Terms are in effect, the Supplier reserves the right to amend their provisions at any time while complying with the mandatory norms of the Commercial Code and other legal regulations in force in the territory of the Slovak Republic. Any changes to the W&C Terms shall come into effect on the third day from their publication at www.exe.sk.

2 Acceptance of goods and work and the risk of damage to goods and work

  1. The Customer is obliged to inspect the supplied goods or work as soon as possible after the risk of damage to the goods or work is transferred to the Customer (i. e. immediately after the acceptance of the goods or work). If the Supplier is obligated by the contract to dispatch the goods or to hand over the work, the risk of damage to the goods or the work shall be transferred to the Customer after the handover of the goods or the work to a carrier at a location specified by the contract and, if the contract does not stipulate such an obligation for the Supplier, after the handover of the goods or the work to the first carrier for shipment to the destination. If the Customer takes over the goods or work directly from the Supplier, the risk of damage to the goods or the work shall be transferred to the Customer at the moment of the acceptance of the work or at the moment of the notification that the work is ready for acceptance, whichever occurs earlier.
  2. The Customer is obliged to inspect the supplied goods or the supplied work without undue delay as soon as the goods or the work are at the Customer’s disposal. If the Customer discovers mechanical damage to the supplied goods or the supplied work after acceptance by the carrier, even at a later time, it is obliged to immediately contact the carrier and request a damage report to be made. At the same time, the Customer is obliged to notify the Supplier of the fact that the carrier has been notified of the damage. Immediately afterwards, the Customer is obliged to contact and notify the Supplier of these facts. The damage report is a mandatory part of the documentation for mechanical damage entitlement proceedings on the part of the Supplier.
  1. If the Customer fails to inspect the goods or the work or to have the goods or the work inspected and tested in an appropriate and timely manner at the time of the transfer of the risk of damage to the goods or the work, defects discovered during the inspection may only be claimed if the Customer proves that the defects were already present in the goods or the work at the time of the transfer of the risk of damage to the goods or the work. The Customer must perform the inspection or testing in a way that makes it possible to discover all defects discoverable with due professional care.
  1. The Customer is obliged to notify the Supplier without delay, not later than 12 hours from the conduct of the inspection or testing, of all defects which have been discovered or which could have been discovered with due professional care. If there is a discrepancy regarding the amount or type of the goods between the delivery note data and the goods or the work actually delivered, the Customer is obliged to notify the Supplier of the fact without delay, within 12 hours. At the same time, the Customer undertakes to pay the price for the delivery of a greater amount of the goods if the Customer fails to notify the Supplier of the fact as per the provisions in the preceding sentence.

3 Liability for defects and guarantee of quality

  1. Warranty claim rules according to these W&C Terms shall equally apply to claims regarding the defects of the supplied goods or work for which the seller or the producer is liable by law as well as claims regarding the defects of the goods or the work whose quality and properties are guaranteed by the seller or the producer. In all cases, to make a warranty claim, it is required to supply a proof of delivery of the goods or the work for which defects are notified or claimed and the deadlines and periods specified in these W&C Terms shall apply to both types of claims.
  1. The rights arising from liability for defects in the goods or the work and warranty claims regarding defects in the goods or the work must be exercised or claimed pursuant to these W&C Terms. The warranty period shall start from the moment that the risk of damage is transferred to the Customer according to Article 2, Item 1 of these W&C Terms.
  2. The Customer is obliged to make a claim regarding defects in the goods or the work without undue delay, not later than 3 working days from the day when a defect was discovered or when a defect could have been discovered with due professional care. Failure to make a claim regarding defects in the goods or the work and to file a complaint about such a defect within 3 days from the day of the discovery of the defect or the day when the defect could have been discovered shall void the right to make a warranty claim and, at the same time, shall void any claims arising from defects in the goods or the work. If a warranty is provided for the goods or the work, the notification of the defect must be submitted and claims arising from the defect of the goods or the work must be made without undue delay, not later than 3 days from the day of the occurrence of the defect or when it was possible to discover the defect. The right to make a warranty claim ceases upon the expiration of the warranty period.

4 Dealing with warranty claims

  1. The Customer shall submit to the Supplier, at the Supplier’s registered office at Plynárenská 1, 821 09 Bratislava or via email (info@exe.sk), documents regarding the purchase of the goods or delivery of the work issued by the Supplier – the invoice, delivery note, handover protocol and warranty certificate.
  1. In case of any questions related to making a warranty claim, the Customer has the right to contact the supplier via email info@exe.sk.
  1. The duration of the warranty claim process depends on the specific defect; however, should it exceed 60 days, the Supplier is obliged to provide a notification in writing about the extension of the warranty claim resolution period. If the producer fails to accept a warranty claim as an eligible warranty repair or eligible defect, the Customer shall bear all costs related to dealing with the warranty claim and the goods or the work shall be returned to the Customer only after the incurred costs are paid.
  1. In case of an eligible warranty claim, the Supplier shall bear all costs related to the shipment of the goods or the delivery of the work back to the Customer.
  1. Parcels used for warranty claim or defect liability processes must be clearly labeled as “WARRANTY CLAIM”. If such a parcel contains several items, a list of the goods or the work returned under a warranty claim must be enclosed. The Supplier shall not accept warranty claim parcels shipped at the expense of the addressee, or the Supplier.
  1. It is the Customer’s obligation to ship the goods or the work in such packaging preventing its damage during transport. The Supplier recommends that the returned goods should be shipped in the original packaging, anti-static packaging etc. It is the Customer’s responsibility to check the serial numbers of the goods or the work and the numbers indicated in the warranty certificate and to notify the Supplier of a possible variance or any other discrepancy in writing without undue delay, not later than three working days from the moment of the transfer of risk according to Article 2, Item 1 of these W&C Terms. The Supplier’s personnel shall ensure that the variance is corrected and a new warranty certificate sent on the basis of the submitted evidence or shall ensure that any discrepancies are removed. After the expiration of this period, the Customer shall not be able to make warranty claims regarding defects in the goods or the work for which it does not have a warranty certificate.

7.Upon handover for the resolution of a warranty claim, the returned goods or work shall include a warranty certificate and a proof of purchase of the goods or delivery of the work.

  1. If any of the Supplier’s requirements are not met, the goods or the work will not be accepted as a warranty claim or defect liability claim and the goods or the work will be shipped back to the address indicated on the packaging of the goods at the expense of the Customer.
  2. The Customer may make a warranty claim regarding the goods or the work by shipping the goods or the work to the Supplier’s registered office address under the conditions stipulated in these W&C Terms. A warranty claim regarding the goods or the work may also be submitted in person, but only if agreed in advance with the Supplier by sending an email to info@exe.sk and receiving the Supplier’s email reply with the time when the returned goods or work can be delivered in person. The Customer is obliged to submit a notification of discovered defects in writing within the periods specified in these W&C Terms. The Customer is obliged to include in the written notification the discovered defects including their accurate and specific description and it also must specify how the discovered defect is manifested.

5 Warranty period

  1. For select types of goods or work, the Supplier provides a guarantee of quality and properties, which represents its written pledge that the supplied goods or work will be fit for the agreed or usual purpose during a specified period, i.e. the supplied goods or work will retain its agreed or usual properties. The warranty period starts on the day of the transfer of risk of damage to the goods or the work according to Article 2, Item 1 of these W&C Terms unless otherwise specified by any provision of the concluded contract or these W&C Terms.
  2. The supplier shall not be liable for damage caused by the improper storage of the goods, damage caused by the unskilled use of the goods or the work or damage caused by external events, improper handling, wear etc. The defects of this origin are not covered by the provided warranty.
  1. The Supplier provides a warranty period for the goods or the work the duration of which is specified in the warranty certificate. The warranty period for the goods is based on the warranty period provided by their producer.
  1. The warranty period for the goods or the work, which have been repaired or replaced under a submitted warranty claim, shall continue in line with the warranty period of the original goods or work including the case when the warranty claim was resolved according to the warranty claim rules by replacement of the goods for other goods with a different serial number or by the delivery of another work.
  2. The Supplier is entitled to compensation for incurred service, organization and handling costs if a warranty claim or defect liability claim is not eligible.

6 Claims regarding defects in goods or work

  1. If a warranty claim regarding the goods or the work made during the warranty period is eligible, the Supplier is obliged to repair the discovered defects in the goods free of charge. If it is impossible to repair the goods or the work, the Customer is entitled to receive the same type of replacement goods or to be supplied with a new work. If the same type of replacement goods or work is unavailable, the Supplier has the right to provide the Customer with replacement goods with specifications and technical solutions similar to those of the previously purchased goods or work. If irreparable returned goods or irreparable returned work are no longer available on the market, a warranty claim or defect liability claim of the goods or the work shall be compensated by a suitable replacement or by issuing a credit note for the amount matching the price of the suitable replacement determined by the Supplier. The Supplier has the right to decide whether the compensation for the goods or the work will be a suitable replacement or an issued credit note.
  1. The Supplier is obliged to resolve a warranty claim according to Article 4, Item 3 of these W&C Terms.
  1. The Supplier shall not be liable for defects covered by the guarantee of quality if the defects were caused by external events after the transfer of the risk of damage to the goods or the work and were not caused by the Supplier or persons that the Supplier used to fulfill its pledge.
  1. Neither shall the warranty provided during the warranty period cover mainly, but not exclusively, the defects of the goods or the work resulting from the use of unauthorized software and consumables, computer viruses, the use of the goods or the work under conditions incompatible with conditions specified by the producer in terms of temperature, dust, humidity or chemical and mechanical effects, excessive load applied on the goods or the use of the goods or the work in a manner contradictory to their manual or documentation or general principles, unskilled installation, unskilled operation or negligence in care for the goods or the work, connection to the mains grid not complying with the respective STN standard, force majeure or meteorological effects (lightning strike in particular etc.).
  1. Nor shall the warranty provided during the warranty period cover defects in the goods or the work if the goods’ serial number has been removed or damaged, if the goods have been mechanically damaged after acceptance, if the goods have been operated under unsuitable conditions or in an improper manner, if the goods have been exposed to a chemically aggressive environment, high temperature, electric or magnetic fields, if the seal has been removed from the goods, if the goods have been damaged by a natural disaster, electric current failure or by the Customer’s use and handling of the goods in contradiction to the producer’s warranty conditions or if the goods have been serviced by an unauthorized service facility or if the goods have been tampered with.

7 Compensation for damage and ineligible warranty claim

  1. The Customer is obliged to get acquainted with the producer’s specific warranty conditions or user manual and to do so upon acceptance of the goods at the latest. If the Customer fails to meet the obligation to get acquainted with the producer’s specific warranty conditions or user manual and as a result the goods are damaged, partially or fully destroyed, especially if the improper handling or use of the goods causes a defect to occur which would not have occurred under usual and proper usage, the Supplier shall not be liable for such a defect.
  1. If it is proven that the claimed defect has been caused by the Customer’s conduct – damaging the goods or the work by improper use or handling – and the Customer made the warranty claim regarding this defect despite the Customer was or could have been aware of this fact, the Supplier may request the Customer to provide compensation for damage caused by doing so.
  1. If the Supplier is unable, with due professional care, to sufficiently identify the returned goods, for example due to a missing serial number, and in spite of this fact the Supplier resolves the warranty claim in a proper manner, the Customer shall be liable for damage caused by doing so if the warranty claim is denied by Supplier’s distributor. The Customer is obliged to pay the sufficiently proven expenses incurred by the Supplier for resolving such a warranty claim.

8 Final provisions

  1. These W&C Terms form an integral part of the contract concluded with the Customer.
  2. These W&C Terms come into force and effect on the day of signing the contract with the Customer. In those cases when the Customer does not enter into a written contract with the Supplier, but their obligation-based legal relationship originates at the moment of confirming an order by the Supplier, the Customer confirms by sending the order that it effectively agrees with these W&C Terms as of the day of confirming the order by the Supplier.
  1. The Contractual Parties have also agreed that the Supplier shall not be liable for defects and shall not provide a guarantee of quality if the Supplier finds that the producer or the distributor of the goods or the work subject to the warranty or defect claim from which the Supplier bought the goods or which produced the work is unable to satisfy the warranty or defect claims as per the agreed business terms due to filing for bankruptcy, restructuring procedures, the liquidation of the enterprise, distraint or any other reason or if it refuses to accept the warranty or defect claim. If that is the case, the Supplier reserves the right to return the goods or the work subject to the warranty claim to the Customer without the resolution of the warranty claim or without compensating for claims due to defects in the goods or the work.

In Bratislava, January 2, 2017

 

WARRANTY AND CLAIM TERMS AND CONDITIONS FOR CUSTOMER CONTRACTS

1 Introductory provisions

  1. These Warranty and Claim Terms and Conditions (hereinafter referred to as “W&C Terms”) are part of contracts for the purchase of goods concluded between exe, a. s., with the registered office at Plynárenská 1, 821 09 Bratislava, Company ID: 17 321 450, which is registered in the Business Register of the Bratislava I District Court, Section: Sa, File No.: 6180/B (hereinafter referred to as “the Seller”) and the consumer as a buyer (hereinafter referred to as “the Customer”).

2 Warranty period

  1. The Seller provides a warranty for new Goods according to the applicable legal regulations. The warranty period as per the preceding sentence shall not apply to Goods which are intended for consumption or which cannot be used or stored for a longer time due to their nature. The Seller has the right to extend the warranty period, with the terms and scope of such extended warranty to be specified in the warranty certificate. The warranty period is twelve (12) months for used goods.
  2. The Seller shall issue a delivery note for the Customer, which also serves as a warranty certificate unless included in the original packaging of the Goods.
  3. The warranty period starts at the moment of acceptance of the Goods by the Customer.
  4. The warranty period shall not include the time for dealing with the submitted eligible warranty claim from the moment of handing over the Goods to the Seller for the purpose of the resolution of the warranty claim and the removal of claimed defects in the Goods to the moment the Customer was required to take over the goods after the resolution of the warranty claim.

3 Warranty scope and exclusions

  1. The warranty rights will cease unless exercised during the warranty period. Warranty claims must be made without undue delay after the occurrence of the defect.
  2. The warranty shall not cover defects and damage to the Goods resulting from (i) the use, maintenance or repair of the Goods in contradiction to the user manual, documentation for the Goods, general usage principles for the Goods or from other unskilled interventions by the Customer or third parties including unauthorized service facilities, (ii) external damage to the Goods for any reason, (iii) the use of illegal, unauthorized or incorrect software, computer viruses, malware, addware and other malicious programs or codes, (iv) the use of unauthorized or non-genuine consumables, in particular non-genuine printer cartridges and paper, (v) the use of the Goods in unsuitable conditions and areas, especially under inappropriate temperature, humidity and dust levels or inappropriate chemical, physical or mechanical effects of the environment, (vi) excessive load applied on the Goods, (vii) negligence in care and maintenance for the Goods, (viii) connection to the mains grid not complying with the standard specified for the Goods (ix) force majeure or damage to the Goods during transport, which is out of the scope of the Seller’s responsibility.
  3. The warranty shall not cover the Goods, if their serial number has been removed or damaged or if the seals enclosing the Goods have been removed or damaged. The warranty shall not cover the Goods that have been spent, mainly, but not exclusively, software with an already used one-time license key the registration of which renders the Goods unusable for another customer, or batteries, toner cartridges etc.
  4. The warranty shall not cover defects and damage resulting from a delay in making a defect or damage warranty claim, which would otherwise be covered by the warranty and where the timely submission of the warranty claim would have prevented the defect from spreading or new defects and damage from occurring.

4 Information about liability for defects pursuant to Article 622 to 624 of the Civil Code

  1. If the defect can be removed, the Customer shall have the right to have it removed free of charge, in a timely manner and properly. Instead of the removing the defect, the Customer may request that the Goods be replaced or, if the defect only applies to a component of the Goods, request that the component be replaced, unless it means that inadequate expenses are incurred by the Seller given the price of the Goods or the severity of the defect. Instead of removing the defect, the Seller may always replace the faulty Goods for faultless Goods unless doing so causes significant trouble to the Customer.
  2. If the defect cannot be removed and it prevents the proper use of the Goods as would be the case for faultless goods, the Customer has the right to have the Goods replaced or the right to withdraw from the contract. The Customer has the same rights if defects are removable, but the Customer cannot use the Goods properly because of the reoccurrence of the same defect after the repair or because of a higher number of defects.
  3. In case of other irremovable defects, the Customer is entitled to an adequate discount from the purchase price of the Goods.
  4. If the Goods sold at a lower price or if the used Goods have a defect for which the Seller is liable, the Customer is entitled to an adequate discount instead of the right to have the item replaced.
  5. The Customer is not entitled to return the Goods (i) which the Customer has spent, damaged or otherwise prevented their further use(ii) if it is a computer program, audiovisual work, audio recording or audiovisual recording of an artistic performance or multimedia work which the Customer has unpacked or (iii) which cannot be returned due to their properties or (iv) which are perishable etc.

5 Making a warranty claim

  1. The Customer shall make a warranty claim at the registered office of the Seller. A warranty claim can be made at the Seller’s registered office on working days between 9:00 and 15:00 upon previous phone or e-mail contact to arrange an appointment.
  2. When making a warranty claim, the Customer is obliged to present the Goods, the proof of purchase for the Goods, warranty certificate and other accessories and documentation delivered with the Goods, with the “Warranty Claim” label added to the address. The Goods subject to the warranty claim must not be shipped as cash on delivery or by any other service paid at the expense of the Seller. At the same time, the Goods must be shipped in packaging preventing any damage to the Goods during transport. The Customer is liable for damage to the Goods during transport.

6 Method and time to resolve a warranty claim

  1. The methods to resolve a warranty claim are governed by respective provisions of the Civil Code and Article 18 of Consumer Protection Act No. 250/2007 Coll.
  2. If the Customer makes a warranty claim, the Seller or a person commissioned by the Seller shall inform the Customer about the method to resolve the warranty claim in accordance with the relevant legal regulations and shall resolve the warranty claim immediately or, in justified cases, not later than in 30 days.
  3. Upon the resolution of the warranty claim, the Seller shall notify the Customer of the result of the resolution of the warranty claim via email or another suitable method and shall issue a warranty claim resolution document for the Customer within 30 days from the submission of the warranty claim.

In Bratislava, January 2, 2017