Warranty claims procedure

I. General provisions

This warranty claims procedure (hereinafter the “claims procedure”) governs all legal relations arising between FREYA Slovakia s. r. o., with its registered office at Trenčianska Turná 134, 913 21, Slovak Republic, Company ID (IČO): 45 399 816, registered in the Commercial Register of the District Court Trenčín, Section Sro, Insert No. 22565/R (hereinafter the “seller”), and its customers (hereinafter the “buyer”).

The warranty claim conditions form part of the purchase contract or order and govern the scope, conditions and method of claiming liability for defects in goods or services (hereinafter a “claim”), including information on where a claim can be made and on the performance and conditions of warranty repairs.

Legal relations between the customer and the supplier that are not governed by these warranty claim conditions are governed by the provisions of the relevant legislation, in particular the provisions of the Slovak Commercial Code (Act No. 513/1991 Coll., as amended).

By concluding a purchase contract between the seller and the buyer, or by delivering an order, the buyer accedes to the conditions set out in this claims procedure and expressly agrees to them.

The warranty and claim conditions laid down in this claims procedure apply to goods for which the buyer has made a justified claim without delay and within the specified warranty period.

All goods purchased from FREYA Slovakia s. r. o. are accompanied by an invoice – a tax document – stating the warranty period of the goods. The invoice also serves as the warranty certificate and the delivery note.

II. Acceptance of goods

The buyer is obliged to inspect the delivered goods immediately after receiving them from the seller or the carrier. The buyer is obliged to check the goods for completeness, integrity and quantity against the invoice received from the seller.

If the buyer finds defects in the goods after their delivery to the destination, the buyer is obliged to draw up a damage report with the carrier. The buyer is obliged to report defects without delay after discovering them.

Goods delivered by the seller remain the seller’s property until the buyer has paid the purchase price in full. Payment of the purchase price means the crediting of the full invoiced amount to the seller’s account.

III. Notification of defects

Without delay after inspecting the delivered goods, the buyer is obliged to report all defects that the buyer has found or that could have been found during a professionally conducted inspection.

Defects that could not be clearly identified when the goods were accepted (even if they existed at that time but became apparent later) must be reported by the buyer as soon as they are discovered.

If the buyer claims a defect in the goods that became apparent during their use or only afterwards, the buyer always makes the claim in writing. The claim need not be accepted in full if the goods with the identified defects continue to be used.

The buyer is obliged to fill in the claim form and clearly specify the defect in the goods. Without a description of the defect, the goods cannot be accepted into the claims process. In the claim form the buyer is obliged to state a contact address (e-mail, telephone number) at which the seller will inform the buyer of the status of the claim. The seller is not responsible if a notification sent to the stated contact address could not be delivered.

Download the claim form (PDF)

If the delivered goods do not match the accompanying document (invoice), the procedure is the same as when defects in the goods are found. The buyer is obliged to fill in the claim form.

IV. Procedure before making a claim

Before making a claim, the buyer is obliged to check thoroughly that the defects in the goods are not caused by incorrect setting or connection of the goods.

In the case of a justified warranty claim, the goods will be repaired within the shortest possible time or replaced free of charge.

In the case of an out-of-warranty repair, the seller is obliged to inform the buyer of the price of the repair.

V. Remedy for a justified claim

For goods that are the subject of a purchase contract or order, the seller provides a warranty that the goods will be fit for their usual use.

The seller undertakes to remedy, at its own expense, any defect in the goods caused by a design fault, a fault in the material used or faulty workmanship.

The buyer is entitled to make a claim in respect of the goods within the warranty period if the buyer notifies the seller in writing and without undue delay of all details of the defect found in the goods. On receiving this notification the seller undertakes, at its own discretion, to:

• repair the defect found in the goods,
• replace the defective part of the product,
• exchange or replace the defective goods with the same goods or with goods that have the same or similar parameters.

VI. Costs of an unjustified claim

The seller accepts no liability for damage or loss of profit resulting from the operation of the product, its failure or its incompatibility with another product.

Nor is the seller liable for damage caused by external events or incorrect handling. Defects of this origin are not covered by the claims procedure.

If it is found during repair of the goods that the defect arose in a manner excluded from the warranty conditions, or if the defect does not become apparent on the product, the buyer is obliged to reimburse the seller for every hour of the technician’s work charged and for the costs of travel to the buyer.

The seller is not liable for damage caused during transport or storage, nor for damage caused during transport of the goods by the buyer.

The seller accepts no liability for defects reported by the buyer after the warranty period has expired. Such defects are dealt with as paid post-warranty service.

The warranty does not cover defects in the goods caused:

• by mechanical or other damage to the goods by the buyer or another (third) person,
• as a result of unauthorised modifications or repairs carried out other than as a warranty repair within the claims process under this claims procedure, or as a result of other evident unprofessional interventions or any other handling of the goods contrary to the instructions and the warranty conditions,
• as a result of unprofessional installation or incorrect operation, incorrect use of the goods or failure to observe the principles of use,
• by using the goods for purposes other than those intended,
• by settings other than those specified in the wiring manual,
• by the use of components other than those recommended by the seller,
• by the use of incompatible components when repairing the goods,
• by operating the goods under unusual conditions,
• by damage due to natural events, fire, flood, lightning, adverse weather conditions, etc.,
• by incorrect electrical connection, mains overvoltage or electrostatic discharge,
• as a result of incorrect storage, use or placement of the goods in a damp, dusty, chemically aggressive or otherwise unsuitable environment, or by leaving or keeping them in places with such an environment,
• by unauthorised handling during operation, or by insufficient or incorrect insertion of components into the relevant connector,
• as a result of a loose foreign object or a fault in connected components that are not part of the product, resulting in visible burning of any part of the product,
• as a result of the goods having damaged labels or other protective marks, or a removed or damaged serial number.

If the seller requests the return of defective goods or a part of them for repair, e.g. because of a defective batch, the buyer is obliged to provide the goods to the seller without undue delay. If the buyer does not respond to this request and does not present the damaged goods to the seller within the specified period, the buyer loses all rights arising from the claim. Spare parts and components remain the property of the seller.

VII. Documents required when making a claim

The document required when making a claim is the invoice – a tax document – which serves as the warranty certificate. The buyer is obliged to fill in the claim form and clearly specify the defect in the goods.

The warranty period begins on the invoice date and is extended by the time during which the goods were in a justified claims process. If the goods or a defective part of the product are replaced, the warranty period is reduced by the length of time for which the buyer used the original goods.

If any of these obligations stated in the claim report is not met, the seller cannot handle the claim.

VIII. Return of goods

The buyer is entitled to return goods to the seller in the following cases:

• the goods do not match the goods stated in the order and in the order confirmation,
• the number of products does not match the number stated in the order and in the order confirmation,
• the goods have an irreparable defect that is covered by the warranty and cannot be resolved by repair or by the supply of replacement goods.

The goods must not be damaged by incorrect handling or installation on the part of the buyer. The buyer is obliged to inform the seller in advance of the return of goods, and the seller must agree to the return. The costs of return transport to the seller’s address are borne by the buyer. The seller will refund the payment for the goods to the buyer only if the goods have an irreparable defect that is covered by the warranty and cannot be resolved by repair or by the supply of replacement goods.

IX. Place for making a claim

The buyer deals with the claim at the place where the goods were ordered or purchased, with an authorised employee of the seller. The buyer is obliged to fill in the claim form and clearly specify the defect in the goods. The seller will deal with the claim immediately, but no later than within 30 calendar days of the claim being made, unless the two contracting parties agree otherwise.

X. Delivery of claimed goods

The buyer delivers the claimed goods in person or by carrier to the address of the registered office of FREYA Slovakia s. r. o. The costs of transporting the claimed goods to the service location are borne by the buyer.

Repaired or replaced goods are sent to the buyer at the seller’s expense. In the case of an out-of-warranty repair, the goods are sent to the buyer at the buyer’s expense.

XI. Warranty period, extended warranty

The warranty period begins on the invoice date; the invoice serves as the warranty certificate. The warranty period is extended by the time during which the goods were in a justified claims process. The length of the warranty period for individual luminaires is stated on the invoice – the tax document.

The warranty period for goods is 24 months. For selected luminaires the warranty period is extended to 36 or 60 months. At the buyer’s request and for an agreed surcharge, the seller will provide an extended warranty of up to 96 or 120 months on selected types of goods.

XII. Final provisions

This claims procedure comes into force and effect on 24 February 2017. FREYA Slovakia s. r. o. reserves the right to amend this claims procedure.