Manufacturer´s liability for damage caused by a defective product is defined in Law No. 59/1998.
The complaint regarding assortment and quantity of purchased goods must be claimed by the purchaser immediately after acceptance at the shop where the goods were bought. The quality of goods meets the standards mentioned in the statement of compliance. The complaint is always claimed in writing. A complaint report is written at the shop. Complaint on defective products of any plants of the HELUZ cihlářský průmysl v.o.s. company where the claimed goods were bought can be claimed by the direct buyer of the goods. To consider the complaint the seller should have access to the claimed goods. This complaint has no suspensive effect on payment. The defects must be presented at the seller´s with no suspension, not later than within the warranty period. The warranty period is defined as per §599 of the Civic Code and §428 of the Commercial Code. The rights on the liability expire if these are not claimed within the warranty period. The customer must prove the purchase by an invoice and delivery note. The manufacturer´s representatives of single sale teritories recognise the complaints immediately, in difficult cases not later than within 30 days since the date of complaint as per order of director No. 14/98. The customer can address the court with his rights in case the defects were presented within the warranty period.
The visible defects like cracks, outside dimensions, quantity must be presented by the purchaser at the time of attachement of risk on goods, i.e. while the goods is accepted but before use of the goods. The product is defective as per Law No. 59/1998 if if it is not safe when used because of properties expected, especially received from:
a) product information given by the manufacturer or
b) expected purpose of use or
c)period when the product was presented on the market(§2b) of Law No. 22/1997Sb., on technical requirements of products and on changes and supplements of some laws.
The customer is entitled to require at the time of complaint on the defect:
a) immediate and free of charge removal of the defect in case it is a removable defect
-or the seller can exchange the defective product for a perfect one if it was not used at all or
- to ask for exchange of the defected product instead of defect removal in case the product was not used yet.
b) In case the defect is unremovable preventing correct use of the product as it is defectless
- the customer may ask exchange of defected product for a perfect one or price refund. In case of other unremovable defects (if the defect still enables use of the product) the customer is entitled to ask for adequate discount of the product price.
c) In case the product was already sold with a discount
- the customer is entitled to ask adequate discount instead of exchange and the seller is not responsible for the defect for which the product was sold at lower price.
The warranty period begins at the time of the product acceptance. When a defect is removing the period of repair is not counted for the warranty period from the date of claim on liability to the time when the customer was asked to accept the product after repair. The seller is obliged to issue a confirmation to the purchaser when his rights were asserted as well as certificate on the repair and period of the repair. The defects for which the company is responsible are quality problems, quantity, measures and weights if these are not in accordance with technical standards or different properties than declared for the product. Other defects may also be lack of other properties presented against the customer´s special requirement:
- on products with specific variant as per the customer´s order,
- the complaint cannot be presented on goods declared in non-standard quality,
- the claimed goods must be available until final decision of the complaint and must be left in such position where the defects were found (ie. not to be used for construction, not to be plastered, modified etc.)
In Dolní Bukovsko, 20.12.2002. Effective from 1.1.2003.