Complaints Policy

WARRANTY AND COMPLAINTS

• any complaints will be resolved to your satisfaction by individual agreement with you and in accordance with the applicable laws
• all goods offered by us are covered by a warranty for the statutory period or for the extended period stated in the warranty certificate.
• please send the goods subject to complaint to us as a registered parcel (not cash on delivery) to the address of our premises (NEWAG, spol. s r.o.,
Vestecká 104, 252 41 Zlatníky, Hodkovice), including the proof of purchase, warranty certificate and the reason for the complaint
• you will be contacted as soon as possible by our complaints department, which will inform you how the complaint will be handled
• if your complaint is assessed as unjustified, the goods will be returned to you cash on delivery at your expense
THE RIGHT TO MAKE A COMPLAINT DOES NOT APPLY TO:
• damage to the goods during transport (in this case we recommend refusing to accept the shipment)
• wear and tear arising from the nature of the product, normal use and ageing over time
• damage to the goods caused by unusual use or damage caused by the user (improper method of use, etc.)
Out-of-court disputes
In accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, we inform customers that the entity responsible for out-of-court dispute resolution is the Czech Trade Inspection Authority, Štěpánská 15, Prague 2, www.coi.cz

SCOPE OF WARRANTY:

1) Basic Warranty

The exclusive importer NEWAG spol. s r.o., Company ID No.: 49243624, with registered office at Zlatníky - Hodkovice, Vestecká 104, Postcode 25241 (hereinafter also the “Exclusive Importer”), hereby provides purchasers – end customers with a quality warranty for Husky and Duovac vacuum units (hereinafter the “Device”) and their accessories (hereinafter the “Accessories”). The warranty for pipework is agreed by the end customer directly with the supplier of such pipework. The warranty covers manufacturing and material defects in the Device or Accessories (jointly hereinafter also the “Goods”) that become apparent during the warranty period. Under this Basic Warranty provided to the end customer, the Exclusive Importer undertakes that, under normal use, the Goods will retain their functions and performance for the duration of the warranty. Pipework is not Accessories and is not covered by the warranty provided under this warranty certificate. No later than upon receipt of the Goods, the Exclusive Importer shall issue the end customer with written confirmation of the quality warranty (warranty certificate). The Basic Warranty does not apply to consumables.

The scope of the end customer’s rights under the Basic Warranty corresponds to the scope of rights under the warranty set out in this warranty certificate.

Basic Warranty period for the Device: 24 months from the date on which the Device is commissioned by an authorised installation company holding authorisation granted by the Exclusive Importer NEWAG spol. s r.o. (hereinafter the “Authorised Installation Company”). If the Device is not commissioned no later than (i) 3 weeks (where the end customer is a consumer; Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended, provides as follows: “A consumer is any person who, outside the scope of his or her business activity or outside the independent exercise of his or her profession, concludes a contract with an entrepreneur or otherwise deals with an entrepreneur.”; hereinafter also the “consumer”), or (ii) 10 days (where the end customer is not a consumer) from the date of delivery of the Device to the end customer, the warranty period shall run from the date of delivery of the Device to the end customer. Only an Authorised Installation Company may enter the commissioning date of the Device in the warranty certificate. Confirmation of the date of delivery of the Device is stated in the handover report; alternatively, the date on which the Exclusive Importer issued the invoice for the supply of the Goods and services shall be deemed the date of delivery of the Device.

Basic Warranty period for Accessories: 24 months from the date of delivery of the Goods to the end customer.

If the warranty conditions are met, all defects covered by the Basic Warranty will be remedied by repair. At its discretion, the Exclusive Importer may always settle a complaint by supplying a new defect-free item instead of repairing the Goods, provided that this is not disproportionate in view of the nature of the defect, or by supplying a defect-free component (part). In such a case, the replaced Goods or component (part) shall become the property of the Exclusive Importer. In the event of an irreparable defect in the Goods or their component (part), the defective Goods, where not disproportionate in view of the nature of the defect, or the defective component (part), shall be replaced with a new item (part). At its discretion, the Exclusive Importer may decide on another method of settling the complaint. The scope of the end customer’s claims arising from defects covered by the warranty is governed exclusively by this warranty certificate; any other claims of the end customer are excluded.

The warranty period is suspended from the date the complaint is made until the date on which, following completion of the repair or settlement of the complaint by delivery of a new item, the end customer takes over the Goods, or until the date on which the end customer was obliged to take over the Goods/item after completion of the repair.

2) Extended Warranty for the Device provided by the Exclusive Importer

Provided that all of the following conditions are met:
a) the Goods are purchased and used by an end customer who is a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended (“A consumer is any person who, outside the scope of his or her business activity or outside the independent exercise of his or her profession, concludes a contract with an entrepreneur or otherwise deals with an entrepreneur.”); and at the same time

b) registration of the end customer-consumer in the Extended Warranty programme has been completed no later than 2 months from the date of delivery of the Goods to the end customer-consumer (notice: if the registration deadline is missed, the end customer-consumer loses the right to the Extended Warranty),

c) the Goods are used exclusively for ordinary household operation

the Exclusive Importer NEWAG spol. s r.o. provides end customers-consumers with an Extended Warranty for the Device to the extent specified below.

The Extended Warranty terminates as soon as any one of the conditions under a) to c) above ceases to be met.

Registration of an end customer-consumer in the Extended Warranty programme is carried out either by duly completing the Customer Card available on the websites www.husky.cz and www.newag.cz, or by sending a printed and completed Customer Card through an Authorised Installation Company. Confirmation of registration for the Extended Warranty will be sent to the end customer-consumer at the registered email address.

Extended Warranty period for the Device: 60 months from the date on which the Device supplied to an end customer-consumer registered in the Extended Warranty programme is commissioned by an Authorised Installation Company. If the Device is not commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the Extended Warranty period shall run from the date on which the end customer-consumer is registered in the Extended Warranty programme, provided that the registration deadline under point b) above is observed. Only an Authorised Installation Company may enter the commissioning date of the Device in the warranty certificate. Under this Extended Warranty provided to the end customer-consumer, the Exclusive Importer undertakes that, under normal use, the Goods will retain their functions and performance for the duration of the warranty.

The scope and conditions of the Extended Warranty correspond to the scope of rights under the Extended Warranty set out in this warranty certificate and are identical to those of the Basic Warranty, with the exception of the warranty period applicable to items, components and spare parts supplied/installed in connection with remedying defects in the Goods claimed after expiry of the Basic Warranty. If, in connection with settling a claim for defects in the Device made under the Extended Warranty after expiry of the Basic Warranty, a new defect-free item, component or spare part is supplied, such item, component or spare part shall be covered by a warranty for three months from the date of delivery/completion of the repair. However, the warranty period for newly supplied items, components and spare parts shall not end before the Extended Warranty period for the Device in respect of which the new item, component or spare part was supplied. After the first 36 months of the Extended Warranty have elapsed, the Exclusive Importer shall continue, as part of claims under the Extended Warranty, to provide the end customer-consumer completely free of charge with a new spare part in which a manufacturing or material defect becomes apparent. The end customer-consumer bears their own costs associated with exercising rights under the Extended Warranty, the costs of delivery of the spare part and the costs of replacing the damaged/defective part with a new one.

The Extended Warranty for the Device always ends upon expiry of 60 months from the date on which the Device was commissioned by an Authorised Installation Company, or from delivery of the Device if it was not commissioned by an Authorised Installation Company within 3 weeks of the date of delivery to the end customer-consumer. After expiry of that period, no claims under the Extended Warranty may be asserted in relation to the Device or to any new items, components and spare parts supplied.

The Extended Warranty does not apply to Accessories or consumables. After expiry of the Basic Warranty, no warranty claims may be asserted in relation to Accessories or to items, components and spare parts.

3) Exclusive Warranty for the Device provided by the Exclusive Importer

Provided that all of the following conditions are met:
a) the Goods are purchased and used by an end customer-consumer registered with the Exclusive Importer in the Extended Warranty programme; and at the same time

b) the Goods are used exclusively for ordinary household operation

c) the Regular Inspection of the Device* is duly and timely performed

d) registration of the end customer-consumer in the “Exclusive Warranty” programme has been completed no later than 2 months from the date of delivery of the Goods to the end customer-consumer (notice: if the registration deadline is missed, the end customer-consumer loses the right to the Exclusive Warranty)

e) the end customer-consumer has paid the fee (CZK 2,500 excluding VAT) for provision of the Exclusive Warranty (hereinafter the “Fee”) in the amount determined according to the current price list of the Exclusive Importer NEWAG spol. s r.o. published at www.husky.cz; www.newag.cz. VAT at the rate required by applicable law will be charged on the Fee; and

f) the Exclusive Warranty is offered by the Exclusive Importer for the Device

the Exclusive Importer NEWAG spol. s r.o. provides end customers-consumers with the Exclusive Warranty for selected Devices (i.e. Devices expressly designated in the purchase agreement as goods covered by the Exclusive Warranty), to the extent specified below.

The Exclusive Warranty terminates as soon as any one of the conditions under a) to f) above ceases to be met.

Under the conditions set out in these warranty terms, the Exclusive Warranty is provided to the end customer-consumer by the Exclusive Importer. The Fee for provision of the Exclusive Warranty shall always be paid by the end customer-consumer to the account of the Exclusive Importer NEWAG spol. s r.o. on the basis of an invoice issued by the Exclusive Importer, including where the Goods were purchased by the end customer-consumer from any authorised distributor of NEWAG spol. s r.o. Confirmation of registration for the Exclusive Warranty will be sent to the end customer-consumer at the registered email address once payment of the Fee has been credited to the Exclusive Importer’s account.

Regular Inspections of the Device*: A Regular Inspection of the Device means an inspection of the functions of the Device, including inspection of the carbon brushes and, where necessary, replacement of the carbon brushes with new ones by an Authorised Installation Company after 5 years (no earlier than 60 days before and no later than 60 days after expiry of the 5-year period) from the date on which the Device was commissioned by an Authorised Installation Company. If the Device was not commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the period for performance of the Regular Inspection of the Device shall be calculated from the date of delivery of the Device to the end customer-consumer.

Regular Inspections of the Device shall be arranged with an Authorised Installation Company at the expense of the end customer-consumer or user of the Goods. Regular Inspections of the Device do not replace ordinary maintenance of the Goods, which must be carried out in accordance with the Instructions for Use.

Under this Exclusive Warranty provided to the end customer-consumer, the Exclusive Importer undertakes that, under normal use, the Goods will retain their functions and performance for the duration of the warranty. The Exclusive Warranty means the undertaking of the Exclusive Importer, under the conditions set out in this warranty certificate, to provide a new spare part for the Goods in which a manufacturing or material defect becomes apparent during the period of the Exclusive Warranty for the Goods.

Under the Exclusive Warranty, the Exclusive Importer shall provide the end customer-consumer with a new spare part completely free of charge. The end customer-consumer shall bear only their own costs associated with exercising rights under the Exclusive Warranty, the costs of delivery of the spare part and the costs of replacing the damaged/defective part with a new one.

At the same time, however, during the first 36 months of the Exclusive Warranty the following shall apply:

a)     where the Device was commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the Exclusive Importer NEWAG spol. s r.o. shall, under the Exclusive Warranty, bear the costs of delivering the spare part to the place of installation of the Device, as well as the costs of replacement of the damaged/defective part with a new one at the place of installation of the Device by an Authorised Installation Company;

b)    where the Device was not commissioned by an Authorised Installation Company no later than 3 weeks from the date of delivery of the Device to the end customer-consumer, the Exclusive Importer NEWAG spol. s r.o. shall, under the Exclusive Warranty, bear the costs of replacing the damaged/defective part with a new one on condition that, in connection with such exercise of rights under the Exclusive Warranty, the Device was delivered to the registered office of the Exclusive Importer NEWAG spol. s r.o. (otherwise, under the Exclusive Warranty the end customer-consumer is entitled only to delivery of a new spare part for the Goods in which a manufacturing or material defect has become apparent).

Any item, component or new spare part supplied under the Exclusive Warranty is not covered by the Basic Warranty or the Extended Warranty. An item, component or new spare part supplied under the Exclusive Warranty is fully covered only by the Exclusive Warranty provided for the Goods in respect of which the item, component or new spare part was supplied; this means that the Exclusive Warranty for the supplied item, component or new spare part shall expire no later than together with the Exclusive Warranty for the Goods in respect of which the replacement item, component or new spare part was supplied.

The Exclusive Warranty for the Device always ends no later than 10 years from the date of delivery of the Device to the end customer-consumer. After expiry of the Exclusive Warranty, no claims under the Exclusive Warranty may be asserted in relation to the Device or to items, components and spare parts supplied under claims arising from the Exclusive Warranty. The Exclusive Warranty does not apply to Accessories or consumables. After expiry of the Basic Warranty, no warranty claims may be asserted in relation to Accessories or to items, components and spare parts.

Registration in the Exclusive Warranty programme is carried out by duly completing the Customer Card available on the Exclusive Importer’s websites www.newag.cz, www.husky.cz. Registration may be completed interactively by filling in the Customer Card directly on the Exclusive Importer’s website or by sending a printed and completed Customer Card by registered post to the registered office of the Exclusive Importer.

Limited guarantee of free service by the Exclusive Importer under the Exclusive Warranty.

Rights under the Exclusive Warranty may be exercised by the end customer-consumer with the Exclusive Importer or with an authorised distributor of NEWAG spol. s r.o. (hereinafter an “authorised distributor”).

EXERCISE OF RIGHTS ARISING FROM DEFECTS, OTHER PROVISIONS:

The following also applies to the Basic Warranty, Extended Warranty and Exclusive Warranty:

1)     Rights arising from defects covered by the warranty (quality warranty) shall be exercised by the end customer with the Exclusive Importer if the Device was purchased from it; otherwise, with the authorised distributor from which the Device was purchased, or with another person designated by the Exclusive Importer to settle complaints. When exercising rights under the quality warranty (making a complaint) pursuant to these warranty terms, the end customer is obliged to prove the existence of the quality warranty by presenting this warranty certificate. A complaint cannot be accepted without a duly completed warranty certificate, where a warranty certificate is presented with illegible, overwritten or otherwise altered details, or where identification details stated on the Goods have been changed, removed or damaged.

2)     The end customer is obliged to assert defects (make a complaint) with the Exclusive Importer if the Device was purchased from it, or with the authorised distributor or another person designated by the Exclusive Importer to settle complaints (see the preceding point), without undue delay after discovering them. The warranty does not cover damage to the Goods or worsening of a defect in the Goods caused by using the Goods after the occurrence of the defect could have been detected. The scope of the end customer’s claims arising from defects covered by the quality warranty is governed exclusively by these warranty terms; any other claims of the end customer are excluded.

3)     Pursuant to Section 2174a(1)(a) of the Civil Code, an end customer-consumer has a statutory right against the Exclusive Importer from which the Goods were purchased through an online store to have the defect remedied free of charge; this right is not affected by the quality warranty.

4)     These warranty terms do not affect the end customer’s rights arising from mandatory provisions of generally binding legal regulations.

5)     The end customer is not entitled in any way to transfer, assign, dispose of or otherwise provide to a third party the end customer’s rights under the warranty (Basic Warranty, Extended Warranty, Exclusive Warranty), and such rights do not pass to any subsequent purchaser of the item (Goods) or any part thereof.

6)     The end customer has no right under the warranty if the defect was caused by an external event after the risk of damage to the item passed to the end customer.

The quality warranty also does not apply to (i) consumables, such as filter bags, replacement carbon brushes, etc., and Accessories even if sold together with the Device in a KIT, promotional package or in a single order through the online store; (ii) wear and tear of the Goods or their parts caused by normal use (battery discharge, reduction in rechargeable-battery capacity, wear of mechanical or display components, wear of power cords, wear of filters, wear of the Device’s carbon brushes, etc.); (iii) damage to the Goods or any part thereof as a result of connection to an electrical network that does not comply with applicable legal regulations and standards; as well as cases of (iv) breaking protective labels and seals, where these are present on the product; (v) use of non-original spare parts and/or consumables, such as non-original filters and non-original replacement filter bags; (vi) unqualified opening of the Device; (vii) replacement or use of a spare part, accessory or consumable other than an original one; or (viii) repair or other service intervention carried out by an entity other than an Authorised Installation Company or authorised distributor.

All repairs/service interventions must be entered in the warranty certificate in the appropriate field, stating (i) the date of repair, (ii) identification (including name) of the entity that carried out the repair/service intervention, including stamp and signature, and (iii) a brief description of the defect.

7)    Out-of-court resolution of consumer disputes: If a consumer dispute arising from a purchase agreement, a contract for work or a service agreement arises between NEWAG spol. s r.o. and a consumer and cannot be resolved by mutual agreement, the consumer may submit an application for out-of-court resolution of such dispute to the designated consumer-dispute resolution entity, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 796/44, 110 00 Prague 1, e-mail: adr@coi.cz, website: www.coi.cz (further information on out-of-court resolution of consumer disputes is available at https://adr.coi.cz/).

The consumer may also use the online dispute resolution platform established by the European Commission at  http://ec.europa.eu/consumers/odr/.

8)    These warranty terms are effective from 1 May 2024 and apply to all Devices sold to an end customer by the Exclusive Importer NEWAG spol. s r.o.