WARRANTY, CLAIMS AND SERVICE RULES
OF SIEZA s.r.o.
1. General conditions
1.1 (What this document regulates) This document sets out the rules governing warranty, warranty claims and service as well as the activities in connection with the sale of perimeter protection systems for buildings and plots (hereinafter „device„) by Sieza s.r.o., IČ 046 07 180 (hereinafter „Sieza„) to Sieza’s purchasers and customers.
1.2 (Relation to customer contracts and law) These Rules constitute an appendix to, and part of, Sieza’s General Commercial Conditions. Their provisions therefore apply whenever there is no agreement to the contrary between Sieza and the purchaser or customer. The provisions of these Rules take precedence over the provisions of the Civil Code (Act No. 89/2012 Coll., as amended), except for its so-called mandatory provisions.
1.3 (Persons entitled to assert claims) Claims arising from articles 2 through 4 of these Rules may be asserted against Sieza only by such person to whom Sieza sold the device (hereinafter referred to as the “purchaser”). It is understood that the purchaser, especially if it is a distributor or system integrator, need not be the end user of the device.
1.4 (Representation) In the performance of its duties under these Rules Sieza may be represented by a third person; in such a case, Sieza is responsible for the proper conduct, quality of service and compliance with the deadlines by this third person.
1.5 (References to Sieza manuals) Wherever these Rules refer to a “manual”, the Installation Manual or Configuration Manual relating to the relevant type of device (most often Peridect or Peridect+) is to be understood, as published on the Sieza website.
2.1 (Warranty period) Sieza warrants that, subject to observance by purchaser or end-user of the warranty conditions as per paragraph 2.2, the device will preserve the same features and functionality as when handed over by Sieza, and that for the period (the „warranty period„) the length of which is :
a) in case of the device purchased before 1st April, 2021 – 24 months
b) in case of the device purchased on and after 1st April, 2021 –
aa) with regard to the components marked “Peridects” by Sieza – 36 months, and
bb) with regard to other components – 24 months.
2.2 (Basic conditions) The warranty set forth in paragraph 2.1 applies subject to the condition that –
a) the device shall be installed in accordance with the manual or Sieza instructions;
b) the device shall be operated in accordance with the conditions set out in its product sheet;
c) the device shall be operated by properly trained personnel;
d) the device shall not be connected to other systems without Sieza’s prior written consent, nor will it be disconnected or disengaged otherwise than as specified in the Sieza manual,
e) extraordinary state (e.g. failure, damage) of the device shall be communicated to Sieza without any delay,
f) the warranty claim shall be made in the below described manner, and without any delay after the claimed defect has manifested itself,
g) whenever starting the device after repair, as well as when resetting it, the procedures set forth in the respective Sieza manual or instructions shall be followed.
2.3 (Exceptions and exclusions) The warranty under paragraph 2.1 does not apply to insignificant changes of color and other surface defects of the components of the device, unless they are in any way detrimental to its functionality.
The warranty further also does not apply to –
a) installation of the device and services performed by an entity other than Sieza or person authorized by Sieza,
b) defects caused by unprofessional installation not in accordance with the manual or assembly instructions for the device,
c) modifications or alterations to the device, unless made with Sieza’s consent,
d) to the connected hardware or software of third parties, with the exception of such hardware and/or software which was a part of, or accessory to, the device at the time of its handover to the purchaser by Sieza;
e) defects caused by mechanical wear or damage to the device,
f) defects caused by unprofessional or inappropriate handling with the device including its excessive loading, power overload or use contrary to the manual,
g) defects caused by electrical overvoltage in the distribution network, power failure and the lightning strike,
(h) defects caused by the use of the device in conditions not in conformity with those specified in the manual;
(i) defects caused by negligent maintenance of the device;
j) defects caused by other unqualified interventions in the device, such as unauthorized change of some of its parameters, upload of incorrect firmware, etc.;
k) defects caused by the use of the device for a purpose other than that for which it is intended;
l) defects caused by connecting the device to additional equipment, consumables or accessories not permitted in the manual or instructions of the Sieza.
The guarantee also does not apply in case of the following facts, which cannot be considered as contrary to the purchase contract in the sense of § 2161 of the Civil Code:
= claims in respect of the parameters of the device that are not listed in the manual or in other commercial and technical documentation of Sieza or in binding technical standards,
= claims in respect of such parameters and properties of the device, which are listed in the overview catalogs and promotional leaflets as those which the seller has explicitly reserved the right to change them, as well as the claims caused by obvious printing errors and inaccuracies,
= alleged defects which the purchaser is not able to reliably demonstrate or otherwise prove when making a claim, and
= the state of the device during the necessary service corresponding to user settings, cleaning or other intervention which, according to the manual (instructions for use), is listed among those for which the end customer is responsible for within the normal use or routine maintenance of the device.
2.4 (Extension of warranty period) The warranty period shall be extended by the time of the duration of the warranty repair.
2.5 (Possible deviation) The parties of a business case may agree on terms differing from those set forth in this Article 2.
3. Warranty defect claim
3.1 (Warranty claim) As warranty claim shall be understood the assertion of a claim under the purchaser’s warranty in accordance with these Rules. The claim must be made as follows:
3.1.1 Purchaser shall first send Sieza a notice of the claimed defect by filling out a form on the web interface https://www.sieza.com/cz/podpora;
3.1.2 Sieza shall without delay determine if it is possible to repair the defect remotely or if it is necessary to check the device or its relevant part at a Sieza site;
3.1.3 In the event that Sieza requests the shipment of the equipment or its part to its place, it will do so via the form „RMA” – „Repair Merchandise Authorization„, which will be sent to the purchaser for completion;
3.1.4 Purchaser shall send to Sieza –
aa) the device in which the claimed defect manifests itself, including all its components and accessories,
(bb) completed RMA form describing the defect; the purchaser is obliged to ensure that it is
legible and comprehensible;
(cc) copy of the invoice proving that the guarantee period has been observed;
until the receipt of all the above documents Sieza is entitled to consider the complaint as unfounded.
3.2 (Claim handling procedure) When handling the claim, Sieza shall proceed as follows:
3.2.1 Sieza shall inspect the received device without undue delay after the receipt of the complete documentation pursuant to paragraph 3.1.4 and shall decide whether the claim is justified or not and shall notify the Purchaser in writing of its decision together with explanation.
3.2.2 In the event that Sieza acknowledges the claimed defect, it will repair the device or its part in accordance with part 4 of these Rules; in case the repair is not possible or economical, it will replace it and send it back to purchaser.
3.2.3 In the event that Sieza does not acknowledge the claimed defect, it may offer the purchaser a repair of the device or its part according to part 5 of these Rules. In case the defect is irreparable, Sieza may offer the purchaser the sale of a new device or part; in such a case Sieza’s General Commercial Conditions shall apply. If purchaser does not accept such offer for repair or sale, the rule on handling of unjustified claim shall apply (paragraph 4.5 of these Rules).
3.3 (Place) Unless Sieza in a specific case stipulates otherwise, a designated establishment of Sieza shall be the place of submission to, and settlement by, Sieza of the claim.
3.4 (Costs) The costs of transportation of the device or its relevant part to the place of the assertion of the claim shall always be borne by purchaser. Sieza shall bear the costs of transportation from the place of assertion of the claim only in the case of claimed defect shall be acknowledged.
4. Warranty repair
4.1 (Principle) Warranty repair is a service provided to purchaser in the event of a recognized claim under Part 3 of these Rules.
4.2 (Deadline) Sieza shall handle the claim within reasonable time, and shall inform the purchaser in the event that such a deadline cannot be met.
4.3 (Purchaser’s cooperation) In the event of a warranty repair performed at the place of purchaser or end user, Sieza may request their reasonable cooperation.
4.4 (Protocol) Upon completion of the warranty repair, Sieza shall make out a protocol stating the last day of the extended warranty for the repaired device or a part thereof in accordance with paragraph 2.4 of these Rules.
4.5 (Unjustified warranty claim) In the event that the claim is found unjustified, especially if the data in the RMA shall not correspond to subsequent findings during the inspection according to point 3.2.1, Sieza shall have the right to demand from the purchaser the cost of the services necessary for its handling (including its transportation) in the amount of EUR 100,- for each commenced hour of work. In such a case, the warranty period is not extended by the time of handling of the claim.
5. Technical support
5.1 (Forms of technical support) Sieza provides technical support to purchasers or end users of the device in the form of –
a) repair of claimed warranty defect which has been found unjustified (paragraph 3.2.3 of these Rules),
b) repair and replacements of the device or parts thereof after the expiration of the warranty period,
c) other repair and modifications.
5.2 (Order, contract) Technical support as per the previous paragraph 5.1 is provided upon the customer’s order confirmed by Sieza, and the procedures set forth in Sieza’s General Commercial Conditions apply proportionally. The prices of technical support are listed in Sieza price list.
5.3 (Cooperation of purchaser) The provision of technical support may be conditioned by customer’s cooperation.
5.4 (Advance) Sieza may demand an advance of up to 100% of the price of the technical support service before providing it.
5.5 (Protocol) Sieza will make out a protocol on the provision of technical support rendered.
5.6 (Warranty) For each rendered technical support a 6-month warranty is granted.
6. Other provisions
6.1 (Data protection) As the data in the device’s storage media may be erased, replaced, or reformatted during service, purchaser is required to make a backup copy of the storage media, to delete personal information, and disable security passwords before letting the warranty repair or technical support be made by Sieza.
6.2 (Expenses and VAT) The prices of Sieza performance under these Rules do not include the reimbursement of expenses (especially transportation costs) and VAT.
6.3 (Limitation of Sieza’s liability) Sieza is only liable for actual damage caused to purchaser or customer as a result of a culpable breach of its obligations. Sieza is not liable for, and is not liable to pay, (i) indirect damage, (ii) consequential damages or (iii) lost profits.
6.4 (Changes) These Rules may be changed by Sieza at any time; the amended provision shall enter into force on the last day of the third month following the date on which it is published on the website www.sieza.com.
Version as of 31.1.2021