Service and Complaints Regulations of ITS Joint Stock Company
Service and Complaints Regulations of ITS Joint Stock Company (hereinafter referred to as "Service Conditions"):
I. GENERAL PROVISIONS, DEFINITION OF TERMS:
1. Service and Complaints Regulations of ITS Joint Stock Company, ID No.: 148 89 811, with registered office: Praha 3, Vinohradská 184, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 431 (hereinafter referred to as the "Company") regulates in particular the terms of service, as well as the procedure of the parties in the event of a complaint for services or a request for after-warranty service.
By entering into a contract for the repair or modification of an item and handing over the item/equipment (hereinafter referred to as "Equipment") for repair, the Customer agrees to and expressly accepts these Service Terms and Conditions with the understanding that the contract for the repair or modification of the item is governed by these Service Terms and Conditions. The Service Conditions are an integral part of the repair or modification contract concluded between the Customer and the Company, as the contractor, in accordance with the provisions of Section 2586 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code").
A contract for repair or modification of an item under these Service Terms shall mean:
(i) a Protocol of Acceptance of the Equipment for Repair signed by the Contractor and the Customer, as well as
(ii) repair or modification of the Equipment at the Customer's location, or
(iii) delivery of the Equipment for repair or modification to the Company by the Customer, by transportation service or by mail to the Company's service location address specified in Art. V. paragraph 8 of these Service Conditions, together with the Customer's order, where the Customer expresses its will to conclude a contract for repair or modification of the item by its own order, in which case the contract is concluded at the moment of confirmation of such order by the Company, to which the Company shall attach these Service Conditions or a link to the website where they are stored.
The Customer (i) by allowing the service intervention to be carried out at the Customer's premises, (ii) by confirming the Protocol of acceptance of the equipment for repair or (iii) by concluding a contract for repair or modification of the item on the basis of the confirmation of the Customer's own order by the Company according to the previous sentence, confirms its consent to these Service Terms and Conditions with the fact that the contract for repair or modification of the item is governed by these Service Terms and Conditions.
These Service Terms and Conditions apply to service interventions of the warranty service (i.e. to warranty service of equipment supplied by the Company and to authorised service provided by the Company), as well as to repair and modification contracts concluded between the Company and the Customer, as the Customer, on the basis of the reference to these Service Conditions set out in particular (i) in the confirmed Repair Acceptance Report, (ii) in the Order Confirmation, (iii) in the confirmation of the agreement to the price of the service intervention as quoted by the Company by means of e-mail communication, or (iv) in the Worksheet confirmed by the Customer, whenever any of these legal events occurs first.
2. These Service Conditions are governed by the laws of the Czech Republic. These Service Conditions shall apply to all service interventions of the Company and claims, unless otherwise stipulated in the contract between the Company and the Customer or unless otherwise stated by the Company in the warranty/delivery note of the equipment.
3. For the purposes of these Service Conditions, the Customer shall be understood as a natural or legal person who, as the Customer, has concluded a contract with the Company for repair and adjustment of an item, or whose other order for service intervention has been confirmed by the Company in application of these Service Conditions.
For the purposes of these Service Conditions, a consumer is understood to mean, within the meaning of Section 419 of the Civil Code, any person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a contract with an entrepreneur or otherwise deals with him/her.
An entrepreneur within the meaning of Section 420 of the Civil Code is a person who independently carries out a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently for profit. For the purposes of consumer protection, any person who enters into contracts in connection with his or her own business, manufacturing or similar activity or in the course of the independent exercise of his or her profession, or a person who acts in the name of or on behalf of an entrepreneur, shall also be regarded as an entrepreneur.
For the purposes of these Service Terms, Customer means (i) the Customer to whom the Equipment has been supplied by the Company or (ii) the Customer using Equipment supplied by a third party, who
(i) has handed over the Equipment to the Company for warranty service on the Equipment supplied by the Company
(ii) has handed over the Equipment to the Company for authorised service
(iii) has entered into a repair and modification agreement with the Company
(iv) has ordered out-of-warranty service for the Equipment from the Company or
(v) has otherwise (in the manner defined in clause 1.1.1.1) arranged for the Equipment to be serviced by the Company. I. of these Service Conditions) ordered a service intervention from the Company
Equipment means any IT equipment that (i) bears the original markings of "Lenovo", "IBM", "Apple", "Toshiba" or equipment supplied by the Company and (ii) has been delivered to the Company for service.
Warranty service is the repair of the equipment under the quality guarantee provided by the Company, more precisely defined by the Company in the warranty/delivery note, carried out by the Company's service department on the basis of a proper complaint of the equipment by the Customer and in accordance with these Service Conditions.
Warranty service according to these Service Conditions is also the repair of the equipment performed by the Company as an authorized service center (authorized service) within the warranty service of the manufacturers of the brand "Lenovo", "IBM", "Apple" and "Toshiba" (hereinafter referred to as "authorized service").
Non-warranty service is any repair or modification of the equipment performed at the request of the customer outside or beyond the warranty guaranteed by the warranty certificate.
4. The Service Conditions are valid in the current version and are available on the Company's website www.its.cz/produkty-a-sluzby and the Services as an integral part of the repair or modification contract are subject to the Service Conditions current (effective) on the date of conclusion of the repair or modification contract.
5. Contact details: ITS akciová společnost, ID: 148 89 811, with registered office: Praha 3, Vinohradská 184, tel.: 255 772 333.
II. SERVICE:
1. The Company provides service to the Customer who requires repair or modification of equipment supplied to the Customer by the Company. The Company also provides warranty service for the equipment supplied by the Company, as well as authorised service under the warranty service of the manufacturers of the brands "Lenovo", "IBM", "Apple" and "Toshiba". In the event of repair or modification of the equipment or post-warranty service intervention, the Customer shall enter into a repair and modification contract with the Company (hereinafter referred to as the "Repair Contract"); a repair contract shall also be deemed to be a contract concluded on the basis of confirmation of the Customer's order in the manner defined in Article I of these Service Conditions. By entering into a repair contract, the Customer shall be deemed to have agreed to the terms and conditions set out in these Service and Complaints Regulations of ITS Joint Stock Company (the "Service Conditions"). The Repair Contract shall be concluded at the time of (i) receipt by the Company's Service Department of a duly completed and acknowledged by the Customer Protocol of acceptance of the Equipment for repair, subject to the proviso that the Contract is concluded without warranty as to the completeness of the price, or even without specification of the price, and (ii) delivery of the Equipment to the Company, at the time when both of the above are cumulatively fulfilled.
2. By handing over the equipment for a service intervention consisting in the provision of work (repair or modification of the equipment) and materials for the input (for repair or modification of the equipment) within the framework of (i) post-warranty repair, (ii) service intervention within the framework of warranty service on equipment supplied by the Company and within the framework of authorized service or (iii) repair or modification of the equipment, in particular according to the contract for the repair of the item (all hereinafter collectively referred to as "service intervention"), the Customer undertakes to fully and without reservation accept the service and claim conditions of the Company set out in these Service Conditions.
3. For proper and prompt execution of the service intervention, the Customer's cooperation is required, consisting in particular in the delivery of (i) a duly completed and confirmed by the Customer Protocol on the acceptance of the equipment for repair and (ii) the equipment to be repaired or modified, all to the address of the nearest service point of the Company (the list of service points is specified in Art. V. paragraph 8 of these Service Conditions), including a brief and concise description of the defect, as well as information as to whether the Customer requires all diagnosed defects to be repaired or only the repair specified by the Customer. In the event that the Customer omits to provide the specification of the repair and it is not apparent from the service note through which the repair was ordered, it shall be deemed that the Customer wishes to have the complete repair carried out.
4. The Customer is always obliged to pay the Company the actual cost of the service intervention. By concluding a contract for the repair of the item, the Customer expressly agrees that the equipment will be subjected to a diagnostic examination before the commencement of the service intervention and that the Customer will be subsequently informed by the Company (by e-mail to the address specified in the Protocol of Acceptance of the Equipment for Repair) of the exact price of the service intervention (hereinafter referred to as the "notification of the price of the service intervention"). The estimated price is not determined on the basis of a professional diagnosis of the required service intervention, therefore the Company reserves the right to set a new order price after the diagnosis, which will correspond to the identified range of defects and the estimated scope of work and materials required to implement the service intervention. The company reserves the right to change the price set in this way several times during the course of the contract if previously unknown facts affecting the price of the service intervention are discovered during the process of diagnosis and implementation of the service intervention. However, the Company shall always request the Customer's consent to change the price beyond the limit set out in these Service Terms and Conditions or in the Protocol of Acceptance of Equipment for Repair. The Company shall not be obliged to disclose to the Customer, in addition to the quotation, a list of the work and materials that will result in the repair of the Equipment if such disclosure is commercially exploitable by the Customer or a third party to the detriment of the Contractor. If the customer refuses to carry out the service intervention for any reason after the diagnosis has been carried out, or if it is found that the equipment is beyond repair, the customer is obliged to pay the company the amount of CZK 600,- + VAT for the diagnosis plus postage and packing. If the customer agrees on the price of the service intervention, the customer shall pay the company the price of the service intervention + VAT, postage and packing. The Customer expressly agrees that the final repair price may differ from the estimated repair price by up to 10% and, by entering into the Repair Contract, declares that (i) it has already agreed to such increase in the repair price by signing the Protocol of Acceptance of the Equipment for Repair, (ii) agrees to it without reservation, and (iii) will always pay the increased repair price to the Company without reservation. The Customer shall pay to the Company the price charged for the service intervention, provided that it does not exceed the estimated price by more than 10%, without any obligation on the part of the Company to further consult the Customer on the price charged.
5. In conjunction with the diagnostics, the company is entitled to perform all actions on the equipment that are strictly necessary to determine the technical parameters of the equipment as well as to determine the financial costs of the service intervention, without the customer's claim for free restoration of the equipment to its original condition if the service intervention is not implemented or completed for any reason.
6. "Exchange system": the Company is entitled to carry out the service intervention in such a way that the Company, in addition to the removal of the defect by replacing the defective component, provides the Customer with a discount on the price for the out-of-warranty service intervention ("Exchange system" does not apply to service intervention by the Company's warranty service or authorized service) compared to the price of the replaced defective component, which the Customer simultaneously transfers to the Company in return. The price of the transferred defective part will be offset by the Company against the price of the service intervention. The Customer acknowledges that for equipment repaired in the "Exchange System" (the defective part is replaced by the Company with a new or reconditioned part with warranty), it is not possible to claim the return of the defective part after the equipment has been repaired, since the defective part has become the property of the Company by replacement, which has provided a better price for the part so replaced in the Exchange System than the price of the normal part ordered from the manufacturer. Should the customer insist on the return of the defective part in such a case, the company reserves the right to withdraw from the repair offer in the "Exchange system" at the price conditions of the service intervention price.
7. If the Customer does not notify the Company without delay, but no later than 10 days after the delivery of the notification of the price of the service intervention, that it refuses to provide the service intervention, it shall be deemed that the Customer agrees to the price of the service intervention and the Company shall provide the Customer with the service intervention at the price stated in the notification of the price of the service intervention, whereby the Customer shall be obliged to pay this price together with VAT to the Company.
8. The Company is entitled to issue an invoice with the invoice for the price of the service intervention at the time of completion of the service intervention, whereby the price of the service intervention will always be charged by the Company with VAT in the amount specified by the applicable legislation. The invoice is due upon acceptance of the equipment by the Customer after the service intervention has been carried out, unless otherwise agreed by the Parties.
9. The Company shall have the right to withhold the Equipment or part(s) thereof to secure payment of the outstanding price of the service intervention (or part thereof) including accessories and costs associated with the service intervention. The rights and obligations of the parties in the event of the Company exercising its right of retention shall be governed by applicable law. Defective parts replaced in the case of warranty repairs shall always become the property of the Company; the Company shall not return such defective parts, shall not provide any consideration for them and the Customer shall not be entitled to make any claims in relation to the replaced defective parts.
10. The place of acceptance for repair shall be the address of the nearest service point of the Company (the list of service points is given in Article V. paragraph 8 of these Service Conditions). The costs of handing over and taking over the equipment in connection with the execution of the service intervention shall always be borne by the Customer. If the equipment is transported from the Customer to the Company's service centre and back by the Customer or a third party, the Customer shall pay for the transport to and from the service centre. The Customer shall also bear any other expenses arising from the transport, handling, packaging or storage of the repaired equipment, etc.
The Customer shall bear the costs of transporting the equipment for warranty service purposes for equipment supplied by the Company. However, the Company will normally deliver the goods to the Customer at its own expense if the claim is accepted in the individual case.
11. The repair/service intervention shall be deemed completed (depending on the requirements specified in the Protocol on Acceptance of the Equipment for Repair) on the date of handing over the equipment for transport to the Customer (delivery method: cash on delivery), or on the date of performing the service intervention at the Customer's premises, or on the date when the Customer is notified by e-mail sent to the Customer's electronic address specified in the Protocol on Acceptance of the Equipment for Repair that he/she can collect the repaired equipment.
12. The proper performance of the repair/service intervention and the handover of the repaired equipment to the Customer shall be confirmed in writing by the Customer and the Company, except when the equipment is handed over to the Customer for transport. In the case of handing over of the equipment for transport, a notice (confirmation) of the repair will be sent to the customer.
13. The Customer is obliged to take over the equipment immediately after the service intervention. If the Customer does not take over the equipment even within 1 month of the delivery of the takeover notice containing the notification of the intended sale, the Company shall be entitled to sell the equipment at its discretion at the Customer's expense or to dispose of it in an environmentally friendly manner; the Customer expressly agrees to this procedure by concluding the contract with the Company, while the Company's rights arising from the applicable legal regulations shall not be affected by this agreement. The Customer shall not be entitled to claim any compensation or damages against the Company. The Company reserves the right to use the proceeds to compensate the Customer for unpaid costs incurred, in particular in connection with the service intervention. From the moment the customer is in default of acceptance of the equipment after the service intervention has been carried out, the risk of damage to the property shall pass to the customer. By accepting these Service Terms and Conditions, the Customer expressly agrees that the procedure according to this Article II.13 shall also be applied mutatis mutandis to the equipment handed over by the Customer for the performance of the service intervention which becomes an abandoned item.
III. (i) WARRANTY, (ii) COMPLAINT:
A.
1. The Company provides a 90-day warranty for the repair work (including the repair in the form of Exchange system). The warranty period starts on the date of handing over the equipment to the Customer after the service intervention or on the date when the Customer was obliged to take over the equipment after the service intervention.
This warranty does not apply to repairs of equipment of brands other than "Lenovo", "IBM", "Apple" and/or "Toshiba", even if packaged and sold with "Lenovo", "IBM", "Apple" or "Toshiba" equipment.
2. The customer is obliged to check the full functionality of the equipment immediately upon receipt from the company.
3. The Customer has no rights under the guarantee if the defect is caused by an external event after the risk of damage has passed to the Customer.
4. The customer is obliged to submit defects covered by the guarantee in writing to the company immediately after their discovery, otherwise his claims against the company shall be extinguished. When making a claim for warranty defects (claim), the Customer shall be obliged to draw up a Claim Report/Repair Report with the Company and to submit to the Company a duly completed (i) warranty certificate, (ii) repair contract or (iii) other document proving the conclusion of a repair contract within the meaning of these Service Conditions; in the event that the Customer fails to submit any of these documents, the Company may, at its discretion, verify the equipment in the manufacturer's database. Without the submission of a duly completed Claim Report/Repair Report and Warranty Certificate or other documents according to the preceding sentence, or if the Warranty Certificate or other documents according to the preceding sentence are submitted with illegible, overwritten or otherwise altered data, or in the event of alteration, removal or damage to the identification data on the equipment, the claim cannot be accepted.
5. The scope of the Customer's claims arising from defects subject to warranty is governed exclusively by these Service Conditions, any other claims of the Customer are excluded.
6. The warranty period shall run from the date of the claim until the date on which the Customer takes possession of the equipment after completion of the repair, or when the Customer was obliged to take possession of the equipment after completion of the repair.
B.
Warranty repairs:
1. in cases of service intervention (i) within the scope of authorized service and/or (ii) within the scope of warranty service on equipment supplied by the Company, the Company shall settle the claim within 30 days following the day after the receipt of the equipment for warranty repair and the delivery of (i) the claim report or (ii) the request for claiming service intervention to the Company and (iii) the documents pursuant to Article III, Part A, Clause 4, at the moment when all the above mentioned facts are cumulatively fulfilled.
2. In cases of providing service intervention under a repair contract, the Company shall settle the claim no later than 30 days from the day following the receipt of the equipment for warranty repair and the delivery of (i) the claim report or (ii) the request for claiming service intervention to the Company and (iii) the repair contract, at the moment when all of the above-mentioned facts are cumulatively fulfilled.
3. Before sending the equipment to the Company for service under warranty, the Customer is strongly advised to make a backup copy of the contents of its storage media, remove personal data and deactivate all security passwords. The contents of the device storage media may be deleted, replaced, reformatted, etc. during the service intervention.
4. The Company reserves the right to decide on the method of handling the claim at its discretion, but always taking into account the applicable warranty conditions of the manufacturers of Apple, Lenovo, Toshiba and IBM equipment, unless otherwise provided by applicable law. If the warranty conditions are met, any defects covered by the warranty will be dealt with by repair as a matter of priority. The settlement of the claim means the elimination of the claimed defect (by repairing or replacing the device or its part) or the provision of a discount on the price of the service intervention performed, always at the company's option, or the implementation of another solution as agreed with the customer.
5. The Company may also always replace the defective equipment instead of repairing it, unless this is unreasonable due to the nature of the defect, or replace the defective part (component) with a faultless one. In this case, the replaced equipment or component (part) thereof shall become the property of the Company. In the event of an irreparable defect in the equipment or its component (part), the Company may always replace the defective equipment, unless this is unreasonable in view of the nature of the defect, or its defective component (part) with a faultless one.
6. A complaint may be rejected by the company in the following cases in particular:
(i) if the claimed defect does not manifest itself during the initial tests and the Customer is not immediately able to demonstrate the defect visibly before the Company,
(ii) if the cause of the defect is non-compliance with the instructions in the documentation for the equipment or the instructions given by the Company in the Service Intervention Report,
(iii) if the cause of the defect is contamination of the equipment or neglect of periodic maintenance of the equipment,
(iv) if the Equipment has been used in conjunction with such additional equipment, consumables, accessories or in a manner that is contrary to the Company's and/or the manufacturer's instructions,
(v) if the use of the Equipment occurred between the time the claim was made and the time the diagnostics were performed on the defect claim,
(vi) if the cause of the claimed defect is not directly related to the work performed by the Company on the Equipment as part of the claimed service intervention, in particular as shown in the statement of work carried out and the items charged on the Transmittal/Receipt of Repair,
(vii) if the damage is caused by the use of the equipment with another product,
(viii) if the damage is caused by intervention/service carried out by a person who is not a representative of the Company or a service provider authorised by Apple, Lenovo, Toshiba and/or IBM equipment manufacturers,
(ix) if the equipment, that has been modified to change the functionality or technical capabilities without the Company's prior written consent
(x) damage caused by normal wear and tear or otherwise normal aging of the equipment
(xi) equipment from which the serial number has been removed or deleted
(xii) for other reasons arising from these Service Terms or applicable law.
7. If the equipment or part thereof is replaced or the price of the service intervention is refunded, any equipment or part thereof replaced shall become the property of the Customer and the equipment or part thereof replaced or returned to the Company shall become the property of the Company.
8. The Company does not warrant, promise or accept responsibility for its ability to repair or replace Apple, Lenovo, Toshiba and/or IBM equipment under this warranty without risk of loss of information or data contained therein.
C.
Limitation of the company's liability for the equipment supplied by the customer to carry out the service intervention:
1. The Company is not responsible or liable for data stored on the Customer's data media and devices, and the Company is entitled to delete or modify such data at any time during the course of the service intervention. The Customer acknowledges and agrees that the data may be deleted or corrupted as a result of the service intervention. In particular, the Customer acknowledges and agrees that data may also be lost as a result of reinstalling the software to factory settings or replacing the data carrier during or in connection with the service intervention. The Customer also acknowledges and agrees that in the event of serious damage, the equipment may be completely inoperable after the service intervention, without the possibility of restoring it to its original state. The Customer acknowledges (i) that it has been advised by the Company in advance of the need to remove the SIM card from the Device, and (ii) that it has removed the SIM card from the Device being submitted for service. The Customer also acknowledges that the Company shall not be liable for any damage and/or loss of the SIM Card as well as data.
2. The Company is not liable and is not responsible in particular (i) for hidden defects of the equipment, which have not been demonstrably pointed out by the Customer, (ii) for possible aggravation of existing defects of the equipment, which existed before the equipment was accepted for service intervention (e.g. malfunctions of the equipment that cannot be repaired, etc.), (iii) for defects caused by wear and tear during the necessary diagnostics (e.g. consumed insulation material, seals, etc.
The Company shall furthermore not be liable and shall not be responsible for (i) losses that do not occur as a result of a breach of this warranty, (ii) losses related to business, lost profits, loss of data or loss of business opportunities; the provisions of Article III.C.6 of these Service Conditions are without prejudice to this provision.
3.The functionality of the equipment after the service intervention corresponds to the extent corresponding to the usual output tests of the equipment carried out according to the internal guidelines of the company/manufacturer. Any defects not meeting these criteria will not be recognised as a warranty defect in the event of a subsequent claim.
4. If the company fails to carry out the ordered service intervention/repair for technical or financial reasons, if the customer withdraws from the contract, or if the service intervention is not carried out for any other reason, the company is not obliged to restore the equipment to its original condition.
5. The Company is entitled to carry out technical operations on the equipment that are necessary to determine the financial requirements for the total repair / service intervention, without the Customer's claim for free restoration of the equipment to its original condition, if for technical or financial reasons the order is not completed.
6. The company shall only be liable for actual damage caused to the client/customer by proven and culpable breach of its obligations; the company shall not be liable for indirect damage or lost profits. If the actual damage is based on the creation of a debt, the customer has no rights, in particular the customer has no right to be released from the debt or to be compensated by the company. In cases of dispute, the customer is obliged to prove that the company is at fault. The liability of the company for damages under the contract is limited by agreement of the parties to a maximum amount of 100% of the price of the serviced tangible equipment (hardware) for the entire duration of the contract. In no event shall the company be liable for consequential damages. The Customer/Customer shall not be entitled to make any claims against the Company arising from loss of production, loss of profit, loss of business contacts, consequential or indirect damages or losses of whatever kind (including any damages from loss of business profits, loss of turnover, business interruption, loss of credibility, damage to reputation, loss of business information or any other financial loss or damage, etc.).
7. The Customer shall not be entitled to claim against the Company any costs incurred by the Customer in connection with the repair of the equipment, i.e. in particular lost profits, telephone charges, internet connection costs, transport costs, etc.
8. The company is not liable in particular for such wear and tear or mechanical damage to the equipment entrusted by the client which the client is unable to demonstrably declare (prove) as having been caused by the contractor. A unilateral declaration by the customer in the contract about the condition of the equipment to be handed over shall not be considered as demonstrable documentation of the condition of the equipment prior to repair; the company carries out all service interventions on used equipment and the degree of wear and tear cannot be described unambiguously and unquestionably verbally.
9. In the case of orders transmitted by the customer to the contractor indirectly (i.e. e.g. by sending the equipment by the customer), the company has no possibility to influence the text provided by the customer in the service intervention order. All texts stated by the customer in the order (contract) thus executed are viewed as unilateral statements of the customer and are not legally binding for the company. The company is not obliged to carry out complete tests of the equipment at the time of acceptance of the equipment for repair and conclusion of the contract to verify all claims made by the customer in the contract. If at any time during the performance of the service intervention the Company discovers a discrepancy or inconsistency between the Customer's claims and the facts, the Company shall not be liable for such discrepancy or inconsistency and the parties agree to base their decision on the facts as established by the Company. At the same time, the Company shall notify the Customer of such discrepancy or inconsistency. For the avoidance of any doubt, the Company's offer shall not become binding except upon acceptance of the entire contents of the offer (by the Customer without any changes, additions or deviations in content) or upon express confirmation of the Customer's own order by the Company within the meaning of Article I of these Service Conditions.
10. The Company reserves the right to replace original defective parts with equivalent spare parts and components that will provide the required functions of the repaired equipment with the same quality as the original part.
11. The Customer acknowledges that in some types of repairs of the equipment, irreversible mechanical, thermal, electrical or chemical damage to the components occurs during disassembly, diagnosis or replacement of defective components and in such cases it is technically impossible to restore the equipment to a condition exactly corresponding to the condition before the service intervention, unless the repair is successfully completed for technical, economic or other reasons.
12. Deviating provisions in the contract shall prevail over the wording of these Service Conditions.
IV. A SPECIAL SECTION ON CONSUMERS:
1. This part of the Service Conditions (Article IV.) applies only to contracts concluded with consumers.
2. Notwithstanding the foregoing, unless this section of the Service Conditions provides otherwise, the provisions of the Service Conditions under Articles I, II, III, V and VI shall also apply to this section, which otherwise governs special terms and conditions for contracts concluded with the consumer.
3. The Company provides a 90-day warranty on the repair work (including Exchange System repairs). The start of the warranty period is governed by cl. III. part A point 1 of these Service Conditions. The Company shall bear the cost of handling a legitimate claim to the extent provided in this Article IV.
4. The time limits for the settlement of the claim shall run from the receipt of the relevant documents and the equipment for warranty repair, or from the receipt of the request for a claim for service intervention including the equipment and the relevant documents, unless a longer period is agreed in writing with the consumer. The commencement of the said period is subject to the submission of documentation as per Article III.A.1 to 6 of these Service Conditions.
5. If the customer is a consumer, the company shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect, which is appropriate for the type of equipment. The Company shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days from the date of the complaint. The period of 30 days may be extended after the claim has been made by agreement with the consumer.
6.The Company shall issue a written confirmation to the Customer-Consumer containing information on (i) when the claim was made, (ii) what is its content, (iii) what method of handling the claim is required; the Company shall send this confirmation to the Customer-Consumer by e-mail immediately after the claim is received (in the case of personal claim, it shall be handed over upon receipt of the equipment for service intervention). Furthermore, the Company shall issue the Customer-Consumer with a confirmation of the date and manner of the claim settlement, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
7. The consumer shall deliver the equipment for service intervention at his own expense. In the context of a justified warranty claim, the Company shall send the equipment back to the Consumer at its own expense after the service intervention has been carried out; otherwise, the Customer shall always take delivery of the equipment at its own expense.
After the claim has been settled, the company will notify the customer - consumer by e-mail about the termination of the claim.
8. These Service Conditions are without prejudice to the rights of the consumer, which are provided for by the applicable legislation, in particular the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
V. OTHER PROVISIONS
1. The General Terms and Conditions of the Customer/Customer are hereby expressly excluded.
2. Pursuant to Section 2620 (2) of the Civil Code, the Customer assumes the risk of change of circumstances.
3. The contractual relationship established between the client/customer and the company is not subject to the second and third sentences of Section 2101(1) and Section 2108 of the Civil Code.
4. The termination of the contract does not affect the financial obligations of the client/customer that have already been incurred. Termination of the contract in any manner provided for by law or the contract shall in particular not affect the validity and effectiveness of any provisions stipulating the obligation of the Customer to pay (i) the price of the service intervention or part thereof, (ii) related fees, (iii) interest for delay, (iv) damages, (v) contractual penalties and any sanctions. These provisions shall survive the termination of the Contract and remain in force and effect.
5. Sections 1764, second sentence, 1765 and 1766 of the Civil Code shall not apply to the contract.
6. By concluding the contract, the Customer expressly confirms that he/she has read and understood the text of these Service Conditions and that he/she does not consider any of their provisions to be such that he/she could not reasonably expect.
7. The Client/Customer, who is an entrepreneur, declares that this Contract is not a contract of adhesion; for the avoidance of doubt, the Parties agree, in accordance with the provisions of Section 1801 of the Civil Code, that the provisions of Sections 1799 and 1800 of the Civil Code shall not apply to this Contract.
8. List of service points of the company:
ITS akciová společnost
Vinohradská 184
130 52 Praha 3
ITS akciová společnost
Hybešova 38
602 00 Brno
ITS akciová společnost
Fibichova 811
537 01 Chrudim
VI. FINAL PROVISIONS:
These Service Terms are effective as of 1 January 2014. Changes to the Service Terms are subject to
