1.1 The present Claims Handling Rules (the “Claims Handling Rules”) of NOARK Electric Europe s.r.o., with its registered ofice at Prague 9, Horní Počernice, Sezemická 2757/2, Postcode: 193 00, registered in the commercial register maintained by the Municipal Court in Prague, Section C, file 181277 (the “Seller”) determine the mutual rights and responsibilities resulting from rights arising from defective performance concerning goods supply to the market by Seller (the “Goods”) and the person who has purchased such Goods for the purpose of its use (the “Buyer”). Unless specified otherwise herein, terms with capitalized first letters shall have the meaning specified in the Seller's General Terms and Conditions (the “GTC”), which are available at the Seller’s website.
2.1 The Seller provides the Buyer with a warranty covering the quality of the Goods, lasting for five (5) years following the day of the Goods receipt by the Buyer (the "Warranty Period”). With this quality warranty, the Seller undertakes that during the Warranty Period, the Goods purchased by the Buyer shall be fit for use for the agreed purpose.
(m) acts of Force Majeure, including but not limited to inundation, flood, fire, lightning, earthquake, strike or civil riots.
2.3 If the Goods have no defect but do not fulfil the functions foreseen or expected by the Buyer, or if the Goods cannot fulfil such functions because their installation has been designed or carried out in a way even objectively preventing the Goods from fulfilling these functions, such situation is not deemed a conflict with the Purchase Agreement and no warranty claim shall be accepted. Furthermore, no discrepancy in size, colour or shape of the Goods compared to its representation specified in a catalogue or another document of the Seller shall be considered a defect.
3.1 The Buyer is entitled to raise a claim covered by its rights arising from defective performance concerning the Goods that occurred in the course of the Warranty Period (the “Claim”) at either branch store included in the list provided to the Buyer at the moment of purchase of Goods or available at Seller's website (the “List”).
3.2 Under the terms of these Claim Handling Rules the Buyer is entitled to raise the Claim also outside the territory of the country, where the Goods have been purchased, provided that such other country (business premises) is included in the List.
(h) raising the Claim exclusively in an authorized service workshop specified in the List.
(b) if the defect is irreparable, the Buyer is entitled to require (i) replacement of the Goods; (ii) Purchase Price discount; or the Buyer can withdraw from the Purchase Agreement.
3.5 The Buyer acknowledges and agrees that if a Claim is raised (i) in a country other than the country where the Goods have been originally purchased; or at (ii) any party other than the party from which the Goods have been originally purchased (e.g. if the Buyer has purchased the Goods from a third party and raises a Claim directly towards the Seller), shall be, differently from the Article 3.4 of these Claims Handling Rules, handled exclusively by a repair or replacement of the Goods. For avoidance of any doubt about the meaning of this arrangement, it is expressly stated that in cases according to the first sentence of this Article, the Claim cannot be settled by granting a discount and it is impossible to withdraw from the purchase agreement on the basis of which the Goods were purchased.
3.6 The Buyer is entitled to choose the method of remedying the defect of the Goods. This entitlement is limited in the case of Claims under the Article 3.5 of these Claim Handling Rules.
4.1 These Claims Handling Rules enter into force as of 1 January 2015.