Complaints procedure of FABIRO s.r.o.

1. Liability of the company FABIRO  for defects in provided services   
Only the client may file a complaint with the company about services provided. FABIRO  is liable to the client for defects caused by a lack of services provided and/or insufficient quality of provided services. FABIRO  is not responsible for defects in provided services of which the client was aware during the time of the provision of services or, in the light of circumstances in which the service was provided, he must have known and accepted such provided services by his actions.  Similarly, a complaint about the service that was provided according to the client’s explicit instructions, despite being warned by FABIRO that the service will be provided incorrectly, cannot be made to the company FABIRO.   

2. Filing of the client´s complaints   
The client is entitled to make complaints for defects in services if there was a defect in the insufficient scope of the provided services (hereinafter also as „invoice claims“) or defect in insufficient quality of provided services (complaints about the quality of services) only within the warranty period provided by the company FABIRO.  Where a complaint about an invoice is concerned, the client is obliged to exercise his right to complain about defects in the invoiced scope of services with the company FABIRO, to the person responsible for the filing and settlement of complaints (hereinafter „responsible person“) with no delay after receiving the invoice for provided services, however not later than 30 days as of the maturity date of the invoice. If the client does not claim the defect within the stipulated period, his right to claim the invoice claim shall cease to exist.  Where a complaint about the quality of services is concerned, the client is obliged to file the complaint for defects immediately after their detection, however not later than the warranty period expires. If the client does not apply his right to complain to FABIRO about defects during the warranty period, his right to file a complaint for errors shall cease to exist. Complaints about goods raised by the client towards the company FABIRO after expiry of the warranty period for goods provided shall not be taken into consideration.   

3. Protocol on filing a complaint   
The client may file a complaint for defects only in written form. The client is obliged to identify the error in the provided service which is the subject of complaint exactly and clearly, to the extent that the complaint may be examined objectively. In order to examine the defect objectively, the client is obliged to provide also the component containing the defect in consideration.   

4. Quality guarantee and warranty period   
The warranty period begins on the day of provision of services to the client and lapses at the moment of first further processing of the component in connection with which the services were provided, if not agreed otherwise. If the company FABIRO is obliged to provide a service at a place other than the seat of the client, the warranty period for this service begins on the day that the service is provided at the determined place. The client is obliged to notify the company FABIRO in writing about defects detected in provided services with no delay, however not later than 5 days from the day when the defect was detected, otherwise the client loses the right to claim the defects in provided services.  FABIRO is not liable to the client for defective services which occurred after lapse of the warranty period or which the client filed after its expiry. FABIRO  is neither liable for defects in provided services if the client does not prove by an invoice or in another credible manner that the warranty period granted has not expired.  

5. Period for processing of the complaint   
The period for processing of the complaint of the client duly filed according to Art. 3 of this policy, may not last longer than thirty days, starting on the day following the filing of a complaint by the client according to the provisions above.  The period for settlement of a complaint by the company FABIRO  shall not start or  be  interrupted if the complaint contains errors, especially if the client did not exactly specify the subject of the complaint or did not provide the necessary cooperation.   

6. Claims for defective services   
If FABIRO, while examining the complaint, detects that the complaint was submitted by the client on time, during the warranty period and that FABIRO  is liable for such defect, the client may request  an adequate discount from the price of provided services in the case of the complaint of defects in quality or in case of invoice claims the client may request a proper invoicing of services in the provided extent.  The discount which the client may request from FABIRO must correspond to the difference between the value of the service that should have been provided without defects and the value of the service provided with defects. If it is not possible to determine the discount and an agreement between FABIRO and the client on the discount was not made, the client is not entitled to deduct the price to be paid for FABIRO services by the discount. If the price has already been paid, the client may also not request its reimbursement up to the amount of the discount. The amount of the discount shall be  subject of the separate proceeding, eventually agreement between the parties.  The client is entitled for the discount only if the defect can not be removed or repaired.   

7. Place of filing the complaint   
The client is entitled to exercise his right to file a complaint about a product only at the seat of the company FABIRO.   

8. Expenses associated with claims of the defects   
The client who effectively filed a complaint for defects which was considered as justified by FABIRO, is not entitled to reimbursement for any expenses incurred in connection with filing or settling complaints or in connection with the complaint or as a result of it. The client is obliged to minimize expenses incurred while filing or settling the complaint.  

9. Limitations of liability for damage caused by defective performance of services   
An application for damage compensation caused by defective performance of services shall be applied accordingly, pursuant to the provisions for filing a complaint for defects. The condition precedent for applying a damage compensation is a (i) previous decision of FABIRO  that the service was provided defectively, (ii) client duly proves the amount of damage and (iii) the client proved that the damage arose in a causal connection with the defective performance of service.  FABIRO  is liable only for direct damages caused by defective performance of services on products and equipment of the client. The extent of the liability for damages that were incurred as a result of or in connection with the provided service is limited to the extent of the provided service. FABIRO is entitled to resolve liability for damages in the first place by restitution into the original state (restitutio in integrum), while FABIRO must be given adequate time, not shorter than the period for settlement of the complaint (section 5). Only if damage compensation by restitution into the original state is not possible, the client may request financial reimbursement.   
For any other legal relations not stipulated in this Complaints Procedure, the General Terms and Conditions of FABIRO s.r.o. shall apply.  

FABIRO s.r.o  Smolenice 31.1.2014