FUCHS OIL CORPORATION (CZ) spol. s r.o.

I. Introductory Provisions

This Complaints Procedure sets out the process for handling complaints regarding goods supplied by FUCHS OIL CORPORATION (CZ) spol. s r.o., Company ID No.: 41188063, with its registered office at Černokostelecká 2539, 251 01 Říčany (hereinafter referred to as the “Seller”), to the Buyer.

The Buyer is obliged to familiarize itself with this Complaints Procedure before ordering goods. At the same time, the Buyer acknowledges that it is required to provide the Seller with all necessary cooperation needed for the processing of a complaint; otherwise, the relevant deadlines shall be extended by the period during which the Buyer failed to provide the requested cooperation.

By concluding a purchase agreement and accepting the goods from the Seller, the Buyer agrees to this Complaints Procedure.

II. Seller’s Liability for Defects

The Seller is obliged to deliver goods in the quantity and quality specified in the Buyer’s order and shall be fully responsible for defects and incompleteness of the supplied goods.

The Seller is responsible for the quality of the goods to the extent declared in the product certificate or as agreed between the Buyer and the Seller.

The Seller shall deliver goods in packaging that meets transportation safety requirements and adequately protects the goods.

The Seller shall be liable for defects in quality and quantity caused to the Buyer by the poor technical condition of the Seller’s packaging or by transportation means arranged by the Seller.

The Seller shall not be liable for defects in quality or quantity if the goods were delivered in packaging provided by the Buyer or transported in bulk in a tanker arranged by the Buyer.

The Seller shall not be liable for defects caused by improper handling, unsuitable storage, incorrect use, misuse, or defects caused by third parties.

III. Complaints

Upon receipt of the goods, the Buyer is obliged to inspect their condition, in particular the integrity of the packaging, the quantity delivered, and any apparent defects, and must report any such defects immediately.

If the packaging is damaged to the extent that the quality of the goods is obviously endangered, the Buyer has the right to refuse acceptance of the delivery. In such a case, the Buyer must draw up a report stating the reason for refusing the delivery. In justified cases, damage to the packaging that does not endanger the quality of the goods may also constitute grounds for a legitimate complaint and/or refusal of the delivery.

The Buyer must submit complaints concerning defects in the goods or incomplete deliveries exclusively in writing (letter, e-mail, report, etc.). Verbal complaints (e.g., by telephone) are invalid and serve only as notification that a written complaint is being submitted.

A written complaint must contain the following information:

• the order number under which the claimed goods were supplied;
• identification of the claimed delivery (invoice number and date, delivery note number and date);
• the batch number(s) of the goods included in the claimed delivery;
• the quantity of goods being claimed;
• the reason for the complaint from the Buyer’s perspective, i.e. a description of the defect identified, supplemented where appropriate by photographs or the Buyer’s internal documentation supporting the claim;
• the address where the claimed goods are located and where the Seller may inspect the goods and collect samples. The inspection procedure shall be determined by the Seller based on its assessment of the circumstances of the complaint;
• the name and contact details of the person responsible on behalf of the Buyer for communication regarding the complaint.

Buyer – Consumer

Pursuant to Section 2(1)(a) of Act No. 634/1992 Coll., on Consumer Protection, as amended, a consumer is a natural person acting outside the scope of their business or independent professional activity.

Where the Buyer is a consumer, the Seller shall decide on the complaint immediately or, in complex cases, within three working days. This period does not include the time reasonably required, according to the nature of the goods, for a professional assessment of the defect.

The Seller shall process the complaint, including remedying the defect, without undue delay and no later than 30 days from the date the complaint is submitted. This 30-day period may be extended following agreement with the consumer; however, such extension may not be indefinite or unreasonably long. Upon expiry of the original or extended period, the defect shall be deemed to have existed, and the consumer shall be entitled to the same rights as in the case of a defect that cannot be remedied.

Buyer – Business Customer

If the Buyer is a business entity and fails to submit a complaint within 7 days from the date it became aware of the defect, the Seller’s liability for defects shall lapse.

Defects in quality that can only be identified through special testing must be reported by a business customer no later than two working weeks from the date on which the defect became known.

The complaint period for goods purchased by a business customer is one year from the date of delivery of the goods. This one-year period also applies to claims arising from unlawful acts based on defects in the goods concerned.

Where the Buyer is a business customer, the Seller undertakes to issue a decision on the complaint within 40 days from the date of its submission. The business customer shall be informed of the decision by e-mail.

When handling defective goods, the Buyer must ensure that any rights and claims of the Seller against third parties (carriers and other persons who have handled the goods) are preserved and shall notify the Seller of any defects that may give rise to such rights or claims.

In the event of complaints concerning product quality, a sample in sufficient quantity must be sent to the Seller without undue delay. The remaining goods in their original packaging, as well as any goods that may have been used, must be secured and stored separately. The Buyer must subsequently enable the Seller to take all measures necessary to inspect the goods concerned by the complaint.

If the Seller acknowledges the complaint as justified, it undertakes to settle the defective performance, by mutual agreement with the Buyer, either through the issuance of a credit note or by supplying new defect-free goods. Any replacement, return, or disposal of defective goods shall be arranged by the Seller with the Buyer’s cooperation.

The Seller shall provide the Buyer with written confirmation stating the date, method of resolution, and duration of the complaint process, or the reasons for rejection of the complaint.

Upon completion of the complaint process, the Seller shall notify the Buyer through the contact person specified under Section III, paragraph 6(g) of this Complaints Procedure.

The Buyer is entitled to reimbursement of reasonably incurred costs related to a justified complaint. Such costs are understood as the minimum necessary expenses. Reimbursement must be claimed without undue delay and no later than one month after the expiry of the period for exercising rights arising from defective performance.

VI. Final Provisions

Any other rights and obligations arising from defects in goods shall be governed by the relevant provisions of the Civil Code.

The statutory rights of a Buyer who is a consumer shall remain unaffected by this Complaints Procedure.

This Complaints Procedure is effective as of 1 January 2020.

Ing. Petra Vargová
Managing Director

FUCHS OIL CORPORATION (CZ) spol. s r.o.