Warranty Terms and Conditions
Warranty Terms and Conditions of the Company MFC – MORFICO s.r.o.
These Warranty Terms and Conditions shall apply to all deliveries by the company MFC – MORFICO s.r.o. (hereinafter as the “Seller”), the subject of which is the sale of products (hereinafter as the “goods”).
1. Filing a complaint
The Seller shall assume warranty responsibility only for goods paid in a proper and timely manner, i.e. the warranty shall not apply to goods not paid in time.
The Purchaser is obliged to inform the Seller about detectable defects within 7 days of delivery, and hidden defects within 14 days of their discovery, otherwise the warranty shall cease. If, upon delivery, the Purchaser finds out that the goods are damaged, or do not comply with the quality as ordered, he shall be obliged to notify the Seller of this fact within the aforementioned period and shall not be obliged to accept such goods and sign the delivery note. After signing the delivery note, the goods are deemed delivered without obvious defects, in the quality and quantity as ordered. A complaint must be made in writing, in a demonstrable manner (a letter delivered demonstrably to the Seller´s company address), and it must state: 1. the order or contract number, 2. numbers or designations of the item of delivery, 3. detailed description of the claimed defect and its manifestation, 4. the exact address of the place where the claimed goods are situated and where the Seller can inspect them 5. telephone number for the person who shall facilitate the inspection.
From the date of discovery of the defect, the goods may not be handled in any way without the Seller´s consent; above all the goods may not be incorporated in a construction. By processing the defective goods, the Purchaser shall no longer be entitled to claims in relation to the defects. Furthermore, the Seller shall not be liable for any collateral consequences in relation to incorporating such goods in a construction.
The warranty period for the goods is specified individually in the relevant technical data sheet.
The Seller´s complaints manager shall inform the Purchaser about the conclusions regarding the claim legitimacy within 7 days of receiving the complaint in the event of defects which do not require an in-situ inspection, or within 14 days of facilitating the inspection in the event of defects which require an inspection. In factually complicated cases, for the purposes of assessing the legitimacy of a complaint, and subsequent assessment of the complaint itself, the Purchaser shall be obliged to allow the Seller, or a person authorised by the Seller (e.g. experts), to access on a specified day the place where the subject of the complaint is situated, and to ensure appropriate conditions for assessing the claim legitimacy, including any necessary testing and test measurements and sampling. Failure to allow such inspection excludes the Seller´s delay in the defect elimination. Should there be a dispute regarding liability and the way of the defect elimination, the Seller and the Purchaser agree that they shall follow the conclusions of the expert institute STAVEXIS, s.r.o., company reg. no. 46347194, the cost of which shall be borne by the party whose conclusions, for the most part, were not assented to by the expert institute.
The time for the defect elimination is set as 30 days from receiving the complaint and it shall be automatically extended by the time which is absolutely necessary for the production of a new material, new part, delivery of new components by a sub-contractor, or, in the event that the technological conditions which are necessary for performing the repair (e.g. climate) do not allow it to happen, by the time during which such unfavourable conditions persist.
Should the claimed defect not be recognized as legitimate, the Seller shall be entitled to seek compensation from the Purchaser for all the costs incurred in relation to handling of the complaint (travel costs, postage, court and administration fees, operating costs, price of possible expert opinions, etc.).
2. Defects not covered by the warranty
The following defects in particular cannot be recognized as claimable defects:
1. Any damage, modification or discrepancy arising from non-observance of storage, handling and transport procedures and any other handling processes, including processing, required by the Seller or manufacturer, or non-observance of the usual procedures (including keeping the goods in conditions which may cause physical or chemical imbalance, e.g. increased emissions, moisture, etc.).
2. Any damage, modification or discrepancy arising from events of force majeure (fires, hailstones, flooding, earthquakes, gales, fly ash fallout, acid rains etc.).
3. Colour discrepancy of the same colours applied on different materials or using different technologies.
4. Parameter deviations for the same goods from different batches (within one structure, the Seller recommends using goods from the same batch, for which purpose the order must provide information to the Seller about the batch volume).
5. Any damage, modification or discrepancy arising from combining the Seller´s goods with goods produced by another manufacturer.
6. The usual wear and tear or change in parameters which is notified by the Seller in advance, or which is usual considering the goods character and purpose (e.g. colour changes upon exposure to sunlight, etc.).
7. Characteristics which in a certain way go beyond the technical standards and have been achieved at the express wish of the Purchaser.
8. Defect in the goods which caused the goods to be sold at a reduced price.
3. Final provisions
1. If a contract provides for certain complaint issues or warranty periods differently from these Warranty Terms and Conditions, the relevant contract shall prevail at all times.
2. Liability for defects in relation to matters not provided for by a contract shall be governed by Act no. 89/2012 Coll., Civil Code.
3. These Warranty Terms and Conditions were approved by the Seller in Tišnov, on 1.1.2014.
Ing. Oldřich Fiala