Submitting of Complaints
All complaints related to the Products must be submitted to the Seller in writing, completing the Imprest Complaint Form. A signed complaint must be sent by mail, fax or email. Completion of the following information on the Complaint From is required:
- Customer, contact person, contact details;
- Invoice number;
- Date of submitting the complaint;
- Basis of/reasons for the complaint;
- Product name or code;
- Pack number
- Buyer’s description of the defect, image(s) and suggestions for resolving the matter.
Differences of Opinion on Whether the Complaint is Justified
If the Parties are unable agree on whether the complaint is justified or on how to resolve the matter, the Parties shall seek the opinion of an independent expert chosen by them. The Parties shall pay the costs related to seeking an expert’s opinion in equal shares unless otherwise agreed by them.
Ways of Settling the Complaint
If there is a warranty event, or in other cases where a justified complaint relating to the lack of conformity of the Product for which the Seller bears liability is submitted within the warranty period:
· The Seller shall, upon its sole discretion, decide on whether it will remedy the defects of the Product at its own expense, will replace the defective part(s) of the Product or will deliver the missing part(s). If the Seller is of the opinion that it would be unreasonable to repair the Product, the Seller is entitled to replace the Product instead of repairing it. If the Seller replaces the Product or its part, the Buyer must return the defective Product or its part to the Seller.
· In special cases, the Parties may agree that the Buyer will remedy the defects. In this case, the Buyer must submit an estimate of the expense of remedying the defects to the Seller beforehand. If the Seller approves the estimate, the Buyer must submit expense receipts and other evidence of incurring the agreed expenses to the Seller after having incurred the expenses. Only expenses directly related to remedying the defects which ensure that the defects are remedied in the most efficient and reasonable manner and which have been approved by the Seller are deemed to be justified expenses.
If agreed so by the Parties, defects can also be remedied or rectified in another manner.
Costs of Carriage
The costs of carriage of the Product or its part(s) related to exercising the rights arising from the warranty or otherwise bringing a justified complaint shall be paid by the Seller, except if it turns out (including in cases where it transpires later) that there was no warranty event, the complaint was not justified or that the transport of the Product or its part(s) was pointless due to circumstances attributable to the Buyer.