These complaint procedures apply to all supplies from MFC – MORFICO s.r.o. (hereinafter, only the "Seller"), the subject of which is the sales of products (hereinafter, only the "Goods").
1. Complaint Application
The Seller only accepts warranty liability for those goods paid in full and in time, i.e. the warranty does not apply to goods not paid for in time.
The Buyer must notify the Seller of the detectable defects within 7 days from delivery and hidden defects within 14 days from discovery, otherwise the warranty is void. If the Buyer discovers upon delivery that the goods are damaged or not of the ordered quality, they must raise an objection in this regard to the Seller within the aforementioned period and they are not obliged to accept the goods and sign the delivery note. After signing the delivery note, it is assumed that the goods were delivered without any obvious damage, in the ordered quality and quantity.
A complaint must be submitted in writing in a demonstrable form (by a demonstrably delivered letter to the registered office of the Seller) stating: 1. the number of the order or contract 2. the number or designation of the supply item 3. a detailed description of the claimed defect and its effect 4. the exact address of the place where the claimed goods are located and where the Seller has the opportunity to inspect the goods 5. the phone contact to the person who will allow the inspection.
From the date of finding the defect, the goods must not be handled in any way without the Seller's consent and especially must not be used in a construction. By processing defective goods, the Buyer loses the claims from defects. The Seller does not bear responsibility for the secondary consequences of using such goods in a construction. The warranty period for the goods is stated individually in the relevant technical sheet.
The Seller's complaint technician shall communicate the conclusions of the justification of the complaint to the Buyer within 7 days from receiving the complaint in the case of defects without the necessity of on-site inspection and within 14 days from making the inspection possible in the case of defects that require inspection. In factually complex cases, for the purpose of the complaint justification assessment and the subsequent complaint evaluation, the Buyer is obliged to allow the Seller or a person authorised by the Seller (e.g. an expert) access to the place where the subject of the complaint is located on the determined date and to create the corresponding conditions for assessing the justification of the complaint, including required tests and test measurements and sampling. Prohibiting such an inspection excludes the delay of the Seller in the removal of the defect. In the case of a dispute on the liability and the manner of defect removal, the Seller and the Buyer agree that they shall submit for resolution by the expert institute STAVEXIS, s.r.o., Co. ID. No. 46347194, the costs of which shall be paid by the party that the expert institute does not agree with their conclusions.
The defect removal period is agreed at 30 days from the receipt of the complaint and is automatically extended by the time required for the production of new material, new parts, delivery of new parts by a subcontractor or in the case where the technological conditions required for the performance of the repair (e.g. climate) do not permit such performance or by the duration of adverse conditions.
If the claimed defect is not confirmed as justified, the Seller is entitled to charge the Buyer for all costs related to the processing of the complaint (travel costs, postal charges, court and administrative fees, operating costs, costs for possible expert opinions, etc.).
2. Defects Excluded from the Possibility of Complaint
namely the following defects cannot be acknowledged as reclaimable:
1. Damage, changes, and nonconformities arisen due to the non-observance of the procedures for storage, handling, transport, and further manipulation, including processing prescribed by the Seller or the manufacturer including non-observance of the usual procedures (including locating in conditions that may establish a physical or chemical imbalance, e.g. increased emissions, humidity, etc.).
2. Damage, changes, and nonconformities arisen due to events having an origin in force majeure (fires, hail, floods, earthquakes, fly-ash fallout, acid rain, etc.).
3. Colour discrepancy in the same paints applied to various materials or using different technologies.
4. Deviations in the parameters of the same goods from different batches (the Seller recommends using goods from the same batch for one job; for that purpose, it is required to provide the Seller with the information on the batch volume in the order).
5. Damage, changes, and nonconformities arisen by mixing the goods of the Seller with goods from another producer.
6.Regular wear or change of parameters notified by the Seller or usual due to the nature of the goods and the manner of designation (e.g. a colour change due to sunlight, etc.)
7. Properties that in some ways exceed the technical standards and have been achieved upon the express wish of the Buyer.
8. Defects in the goods that have been delivered for a lower price due to that reason.
3. Final Provisions
1. If the concluded contract modifies any aspects of complaints and warranty periods differently from these complaint procedures, the corresponding contract always has priority.
2. In questions not modified by the contract, the liability for defects is governed by Law No. 89/2012 Coll., Civil Code.
3. These complaint procedures have been approved by the Seller in Tišnov on 1 January 2014
Ing. Oldřich Fiala
You can download the Complaint Procedures in PDF format here.