Warranty Claim Resolution Rules - EN

Warranty Claim Resolution Rules

I.        Introduction

  1. This Warranty Claim Resolution Rules constitutes rules and procedures for filing and handling the claims and complaints of the clients of Mortons s.r.o., Id. No. 045 88 649, with its registered office at tř. T. G. Masaryka 1108, 738 01 Frýdek-Místek, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 64271 (hereinafter reffered to as the

Mortons“).

  1. The Mortons’s Client is entitled to file the warranty claim, in the event, that he/she believes that the Mortons has failed to comply with the stipulated terms and conditions or failed to meet its obligations arising from The Warranty Claim Resolution Rules applies both on resolution of claims and on complaints, i.e. filings where the complaining individual asks for protection of his/her interests that are not governed by the contractual obligations with the Mortons (e.g. inappropriate behaviour). The terms of Warranty Claim or the complaint used further in the Warranty Claim Resolution Rules jointly refer to the “Warranty Claim”. The terms of the Client and the complaining individual used in the Warranty Claim Resolution Rules jointly refer to the “Client”.

 

II.       General principles

  1. The Warranty Claim Resolution Rules provides for the procedures and processes for filing and resolving the Clients’ Warranty

Claims.

  1. The Mortons keeps the internal records of all the received Warranty Claims that contain information of, including but not limited to, date of receipt of the Warranty Claim, the outcome of the warranty claim proceedings and information presented to the Client, including the date and the way of presentation. The Mortons archives the register accordingly.

 

III.     Requirements for the Warranty Claim

  1. The Warranty Claim shall include the following Client’s information:

    1. Name and surname / Mortons name of The Client,

    2. Client’s telephone and email address,

    3. Framework Contract Number, if applicable,

    4. Number of payment order, related to the Warranty Claim

    5. The identification of a person against whom the complaint is lodged,

    6. The exact reason for the Warranty Claim, e. description of a specific problem that the Mortons is criticized for, together with specification of the Client’s demand.

    7. The copy of contractual documentation or other evidence (e.g. statement of account, copy of payment order, contract, ) that is related to the Warranty Claim

 

  1. If the Client is represented based on the power of attorney – the original copy of the power of attorney granted by the Client, with a certified signature.

 

IV.    Filing the Warranty Claim and the process of its resolution

  1. In the case of defects of performance it is necessary to raise the Warranty Claim without undue delay after the Client found the performance defects, not later than within the time limit set by the applicable contractual arrangements and legislation, and at the same time, not later than in the limitation The right to damages may be applied by the Client with the Mortons in the three-year time period from the date when the Client learned or could learn of the damage and of who is responsible for it. The Mortons does not perform the time-barred claims.

  2. The Warranty Claim may be lodged:

    1. in writing to registered office of Mortons: G. Masaryka 1108, 738 01 Frýdek-Místek

    2. by phone on the customer line: +420 728 450 008

    3. in writing to e-mail address: info@mortons.com

    4. an electronic message sent via the information system on the website

  3. After the Warranty Claim is received, i tis handed over to the complaint department of the Mortons, who resolves

  4. The time period for the Warranty Claim resolution is 30 calendar days. If the Warranty Claims refer to the payment services, the time period for Warranty Claim resolution is 15 working days, in accordance with the Payment System Act, and it begins on the day of delivery of the Warranty Claim to the Mortons’s. Warranty Claims are being resolved in the order, in which they were delivered to the Mortons.

  5. If an obstacle, independent of the Mortons’s will, prevents the Mortons to respond within 15 working days, the Mortons shall, within such time limit, inform the Client of the existence of the obstacles that prevent it from providing the timely response, and responds within 35 working days from the date of receipt of the Warranty Claim, as well as of the further procedure, in particular of the earliest date when the Warranty Claim will be If the Client fails to deliver the complete documents for the Warranty Claim resolution, the Mortons reserves the right to ask the Client to send the missing information. The time limit for the Warranty Claim resolution under the preceding paragraph starts after the Client delivers all the missing information to the Mortons.

  6. The Warranty Claim will not be accepted and processed further in the event when:

    1. The way, form or requirements of raising the Warranty Claim, as stated in this Warranty Claim Resolution Rules, have not been observed, even within the additional time limit, which the Mortons has provided in order to receive the completed or amended Warranty Claim,

    2. The matter has been brought before the court or an arbitrator, or the court or arbitrator have already decided in the matter,

    3. The person who lodged the Warranty Claim, is not a Mortons’s Client or is represented by an agent based on a deficient power of attorney,

    4. The Warranty Claim does not refer to the goods or services offered by the Mortons,

    5. The submission of the Warranty Claim constitutes a completely clear misuse of the institute of warranty claims and complaints,

    6. The shredding time periods for the relevant type of document have

 

  1. If the Warranty Claim concerning the same subject matter is filed repeatedly and does not bring any new facts, such Warranty Claim will be rejected, and the Client will be informed of this fact in writing.

  2. If the reasons for rejection of the Warranty Claim disappear, the Mortons shall resolve it; the time limits for its resolving shall begin from the day when such reason disappeared.

  3. The Client shall be informed of the outcome of the Warranty Claim resolution via email or other way agreed with the The day of delivery of the Warranty Claim resolution outcome is deemed to be the date of delivery of the email or takeover of the registered letter. If the email or mail fail to be delivered and returned back to the Mortons as uncollected (applies only to the mail) or undeliverable, the delivery date shall be deemed the date when the mail returned to the Mortons’s address.

  4. If the Client is not satisfied with how the Warranty Claim was settled, he/she may file an appeal against the decision on the Warranty Claim. The Client submits this appeal in the same way as in the case of filing the Warranty Claim. The Mortons managing director decides on the appeal against the decision on the Warranty Claim. The deadline for settlement is 30 days from the date of delivery of the appeal.

  5. The costs for Warranty Claim resolution shall be borne by the The Client’s costs associated with Warranty Claim

preparation and its raising shall be borne by the Client.

  1. If the Client is not satisfied with the outcome of the Warranty Claim resolution, he/she is entitled to refer to:

    1. The Office of the Financial Arbitrator (www.finarbitr.cz), with its registered office at Legerova 1581/69, 110 00 Prague 1, for the field of financial services referred to in Act No. 229/2002 Sb., on the financial arbitrator, as amended.

  2. The Client is entitled to refer to the Czech National Bank (www.cnb.cz), with its registered office at Na Příkopě 28, 115 03 Prague 1, which is the supervisory authority to supervise compliance with the Mortons’s obligations.

  3. If the Client has concluded his Framework Agreement or an amendment or partial agreement electronically, he may use a special online portal for resolving disputes online established by the European Commission. This is a website that allows the client to submit a complaint online using the electronic form which is also available in English and Czech (wwec.europa.eu/consumers/odr/).

  4. In the case of the alternative dispute resolution, the Client’s right to approach the court shall remain

 

V.      Final provisions

  1. The procedures set out herein are binding for all the Mortons’s Clients, as well as all its employees

  2. The Warranty Claim Resolution Rules are available on the Mortons’s website and in the Mortons’s registered

 

 

The Warranty Claim Resolution Rules enter into force and effect upon 7. 5. 2020.