Terms of the quality guarantee

 

Terms of the quality guarantee - rules for the Customer’s complaints about delivered products

 

1. GUARANTEE


1.1.   The Guarantor, i.e. TOPMET LIGHT Kłosowicz Wiśniewski Sp. z o.o., (formerly TOPMET LIGHT Kłosowicz Wiśniewski i Wspólnik s.j.) grants a guarantee for the subject matter of the contract for 12 (twelve) months from the date of sale. A longer guarantee period than the one referred to in the previous sentence is valid solely in the event that TOPMET LIGHT makes an express statement in this regard.

1.2.   The Guarantor guarantees that the subject matter of the contract is in working order and that the declared technical parameters will be maintained throughout the guarantee period.

1.3.   Under the guarantee, the Guarantor undertakes to:

-   remove physical defects free of charge or
-   supply the subject matter of the contract that is free from defects or
-   refund the paid price

1.4.   The choice of one of the guarantee obligations specified in Point 3 is up to the Guarantor. In particular, the Guarantor represents that the Guarantor will refund the price of the goods to the Purchaser in the event that the repair or replacement of the goods entails excessive costs or is hindered or turns out to be inexpedient for other reasons.

1.5.   Liability under the guarantee covers solely defects revealed during the guarantee period, resulting from causes inherent in the subject matter of the contract. The guarantee protection does not cover:

-   damage caused by usage, storage, assembly or disassembly inconsistent with the operation manual or principles of reasonable technical knowledge, unless the assembly or disassembly was carried out by the Guarantor
-   normal wear and tear
-   lumen decrease in lm (applicable to LED strips)
-   mechanical damage
-   malfunction resulting from external circumstances not attributable to the Guarantor (e.g. parameters of the purchaser’s electricity network, temperature that may harm the product)
-   consequences of force majeure

TOPMET LIGHT represents that light parameters expected by the Purchaser (in particular when it comes to the colour, luminous flux, colour repeatability and colour rendering index) that are higher than those declared by the manufacturer do not constitute a basis for starting the guarantee procedure and do not mean that the subject matter of the contract is inconsistent with the contract.

1.6.   The guarantee service shall be provided by the Guarantor in the Guarantor’s registered office with the possibility of making the repair at the Purchaser’s site, provided that it results from the agreement between the parties or that as far as the Guarantor is aware, repair in the Guarantor’s registered office is impossible or inexpedient.

1.7.   The discharge of guarantee obligations by TOPMET LIGHT depends on presenting the defective goods with the manufacturer’s label intact and with the proof of purchase to the Guarantor.

1.8.   The Guarantor will notify the Purchaser about the decision on the guarantee claim and the choice of one of the guarantee obligations specified in Point 3 within 14 days from the date when the Guarantor receives a written notification and from the date when the defective subject matter of the contract is returned. The Guarantor will also reimburse the Purchaser for the costs of transporting the subject of the guarantee, up to the cost of the cheapest transport by specialised entities.

1.9.   The risk of accidental loss or damage to the subject matter of the contract is borne by the Guarantor from the date when it is handed over to the Guarantor to the date when it is collected by the Purchaser.

1.10. The shipment of the defective product to the Guarantor and the disassembly of the product by the Purchaser prior to acceptance of liability under the guarantee takes place at the expense and risk of the Purchaser.

1.11. The Guarantor’s liability for damages is excluded to the point of wilful misconduct. The exclusion of liability applies in particular to any indirect or direct losses related to defective spare parts, as well as the loss of profits that the purchaser or a third party could have gained had the Guarantor not supplied the Purchaser with defective products.

1.12. Disputes arising from this guarantee will be settled by a court of general jurisdiction having territorial jurisdiction over the registered office of the Guarantor.

1.13. The above mentioned guarantee is valid in the European Union. For the avoidance of doubt, the Guarantor represents that the guarantee is valid solely in relations between TOPMET LIGHT and the direct Purchaser of the product covered by the guarantee. In particular, guarantee claims by further (indirect) purchasers are excluded.

1.14. The guarantee does not exclude, limit or suspend the Purchaser’s rights arising from the fact that the supplied subject matter of the contract is inconsistent with the contract.


2. TOPMET LIGHT COMPLAINTS AND RETURNS REGULATIONS


2.1.   Complaints may cover the following inconsistencies: quality of goods that does not meet the requirements of European standards and technical approvals, differences in the amount of goods specified in the invoice or the stock issue confirmation (WZ document) and the amount that was actually supplied, differences in the type of goods specified in the invoice or the stock issue confirmation (WZ document) and the goods that were actually supplied, and the condition of packaging.

2.2.   The Ordering Party is obliged to confirm the delivery and check it immediately after receipt of the goods. Any damage to goods or incomplete orders should be documented in the form of a report, photos or in the stock issue confirmation (WZ document) upon personal collection.

2.3.   It is possible to declare withdrawal from the purchase without giving any reason, with Topmet Light deciding whether to accept such a return. However, it is possible only in the event that the product has not been used or damaged, has the original packaging and the Purchaser has the original purchase document. The intent to return the product should be reported to orders@topmet.pl.

The Sender is responsible for the quality of the packaging best suited to the contents of the consignment.

The Sender is obliged to pack the consignment properly and to hand it over to the Courier in a condition that enables its proper carriage and ensures that it does not damage other consignments during transport and that it can be delivered without loss or damage. In particular, the packaging should: be properly closed, preventing access to the contents of the consignment by unauthorised persons; be strong enough for the weight and contents of the consignment; have internal protection to prevent the contents of the consignment from moving; have markings indicating the special nature of the consignment such as: ‘CAUTION! NST’, ‘THIS WAY UP’. TOPMET may refuse to accept deliveries whose condition is defective or whose packaging is insufficient or which do not have the required packaging. Topmet Light is not liable for damage resulting from missing, inadequate or defective packaging.

The return package should include a stock issue document or other document identifying the returning company and a list of the returned goods with their name and quantity.

2.4.   Topmet Light is not liable for damage or losses caused during unloading or transport at the expense and risk of the Ordering Party or defective storage of the goods by the Recipient of the goods.

2.5.   The Ordering Party is obliged to carefully inspect the contents of the order when it is handed over and confirm its receipt in the stock issue confirmation (WZ document) issued by Topmet. Upon collection of the goods, the Ordering Party should verify whether the order is complete and whether there is any damage to the goods. If the order is incomplete or the goods are damaged, the Ordering Party should promptly notify Topmet, preferably on the delivery date, but not later than within 14 days from the date of delivery.

2.6.   In the event that the order is incomplete or the goods are damaged in transport, the Ordering Party should draw up a damage report compliant with carrier requirements upon collection of the delivery. Otherwise, the Ordering Party will not be entitled to any claims for damages against the carrier or Topmet.

2.7.   The complaint should be sent by email to claims@topmet.pl and include:

-   The company/person making the complaint,
-   The number of the sales document,
-   The list of defective goods with the type, amount and reason for the complaint (incomplete order, damage, goods other than specified in the order etc.),
-   A correctly filled in damage report (Template - Photo 1),
-   Photographs (in the event of mechanical damage).

2.8.   Topmet Light reserves the right to consider complaints within 14 days from the date of receipt of the complaint containing information in accordance with 2.7. (with the exception of individual written arrangements between the customer and Topmet Light).

2.9.   Topmet will process one quantitative and qualitative complaint concerning one sales document number.

2.10. Pursuant to the applicable Transport Law, a customer who notices that a package is damaged after the courier has left, may report this fact to the courier company by phone. The carrier is obliged to send a courier to the place of delivery within 7 days of the delivery in order to draw up a damage report.

The customer is obliged to take photographs of the damaged parcel with visible damage at the time of collection. NOTE! Any signs that the packaging may not be original, such as the presence of the carrier’s tape, may potentially indicate that the package has been damaged.

2.11. Complaints about mechanical damage that did not arise in transport (lack of visible damage to the parcel) will be considered solely after the account manager has received photographs of the damaged goods.

2.12. Topmet Light reserves the right to collect damaged or incomplete goods as a condition for a successful resolution of the complaint.

2.13. Submitting the complaint does not interrupt the payment period for the defective goods and does not release the customer from the obligation of timely payment.

2.14. Topmet is not liable for any damage caused by the Ordering Party or third parties or for design mistakes or faulty performance by third parties.