Complaint Procedure

for contracts for work (repair, modification, and maintenance services)

Lukáš Pětioký, ID: 67475078, registered office: Žižkova 151, Pardubice – Svítkov

Business Premises: 17. listopadu 623, Pardubice

Article I.

Introductory Provisions

The rights of the customer arising from defective performance (hereinafter referred to as "complaint") must always be exercised in accordance with this complaint procedure and in compliance with generally binding legal regulations. The contractor shall inform the customer of this complaint procedure in an appropriate manner and, upon request, provide it in written form. This complaint procedure complies with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended as of January 1, 2014.

The customer may file a complaint if the execution of the work does not comply with the agreement between the customer and the contractor. The contractor is liable for defects present in the work at the time of acceptance. After acceptance, the contractor is only liable for defects if they have violated a contractual or legal obligation. The contractor is not liable for defects resulting from the unsuitable nature of an item provided by the customer for the work or from an instruction given by the customer, provided that the contractor informed the customer of the unsuitability without undue delay or could not have detected the unsuitability even with due diligence.

Article II.

Filing a Complaint

The customer has the right to file a complaint at any of the contractor's business premises where the acceptance of complaints is possible considering the provided services, or at the contractor's registered office or place of business. The contractor ensures the presence of an employee authorized to receive complaints throughout operating hours.

If asserting the right due to defects would cause the consumer significant difficulties, especially if the work cannot be transported to the place of complaint in a usual manner or if it is installed or part of a property, the contractor shall assess the defect by agreement with the customer either on-site or in another suitable manner. In such a case, the customer is required to provide the contractor with the necessary cooperation.

Article III.

Time Limit for Exercising Rights

The customer must report visible defects at the time of acceptance of the work. Other defects must be reported to the contractor without undue delay after their discovery, but no later than two years from the handover of the work. If the customer accepts the work without reservations or fails to report defects without undue delay, the contractor may argue that the customer's right was not exercised in time and may reject the complaint.

Article IV.

Complaint Resolution

The contractor is obliged to decide on the complaint within three working days. This period does not include the time required for professional assessment of the defect. The contractor must issue the customer a written confirmation stating the date of complaint submission, a description of the defect, the customer's requested method of resolution, and how the customer will be informed of the complaint outcome. The complaint, including defect rectification, must be resolved without undue delay, no later than 30 days from the date of complaint submission, unless the contractor and the customer agree on a longer period.

Article V.

Rights Arising from Defects

A defect in the work is considered a substantial breach of contract if the customer would not have entered into the contract had they foreseen such a defect at the time of contracting. In all other cases, the defect is considered a non-substantial breach of contract.

If the defect constitutes a substantial breach of contract, the customer has the right to request a replacement work, repair, a reasonable discount, or to withdraw from the contract. If the defect constitutes a non-substantial breach, the customer has the right to request defect rectification or a reasonable discount.

The customer is not entitled to request a replacement work if the nature of the work prevents it from being returned or handed over to the contractor.

Article VI.

Processed Item

If the work includes an item procured by the contractor for the customer and incorporated into the work (e.g., a part, replacement component, etc.), the contractor assumes the role of a seller. The customer is entitled to rights from defective performance under the provisions regarding purchase contracts and the sale of goods in stores. Complaints about the part or component are subject to the complaint procedure for consumer goods.

Article VII.

Quality Guarantee

If the contractor has provided a quality guarantee beyond their legal obligations, its application is governed by this complaint procedure unless the warranty certificate or contract specifies otherwise.

Article VIII.

Final Provisions

This complaint procedure has been drafted in accordance with the Civil Code and the Consumer Protection Act.

Complaints are handled in compliance with the legal system of the Czech Republic, particularly the Civil Code, the Consumer Protection Act, and other legal regulations.

Any dispute between the contractor and the customer shall be governed by the legal system of the Czech Republic and resolved by the competent court.

This complaint procedure is effective as of January 1, 2022.