Service and Complaints Regulations of ITS Joint Stock Company

Service and Complaints Regulations of ITS Joint Stock Company (hereinafter referred to as "Service Conditions"):

I. GENERAL PROVISIONS, DEFINITION OF TERMS:

1. Service and Warranty Policy of ITS, a.s., ID No.: 148 89 811, with its registered office at: Prague 3, Vinohradská 184, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 431 (hereinafter referred to as the “Company”) governs, in particular, the terms and conditions of service, as well as the procedures to be followed by the parties in the event of a complaint regarding services or a request for post-warranty service.

By entering into a contract for the repair or modification of an item and by handing over the item/equipment (hereinafter referred to as the “equipment”) for repair, the customer agrees to these Service Terms and Conditions and expressly accepts them, with the understanding that the contract for the repair or modification of the item is governed by these Service Terms and Conditions. The Service Terms and Conditions are an integral part of the contract for the repair or modification of an item concluded between the customer and the company, as the contractor, in accordance with the provisions of Section 2586 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).

A contract for the repair or modification of an item under these Service Terms and Conditions means:
(i) the Equipment Acceptance for Repair Report signed by the Contractor and the Customer, as well as
(ii) the repair or modification of the equipment at the Customer’s premises, or
(iii) delivery of the equipment for repair or modification by the customer, via a shipping service or by mail, to the address of the company’s service location specified in Art. V, paragraph 8 of these Service Terms, together with the customer’s order, whereby the customer expresses their intent to enter into a contract for the repair or modification of the item through the order itself; in this case, the contract is concluded upon the company’s confirmation of such an order, to which the Company shall attach these Service Terms or a link to the website where they are stored.

The Customer (i) by allowing the service work to be performed at the Customer’s premises, (ii) by confirming the Equipment Acceptance Report for Repair, or (iii) by entering into a contract for the repair or modification of the item based on the Company’s confirmation of the Customer’s order pursuant to the preceding sentence, hereby confirms its agreement to these Service Terms and Conditions, provided that the contract for the repair or modification of the item is governed by these Service Terms and Conditions.
These Service Terms apply to warranty service interventions (i.e., warranty service for equipment supplied by the Company and authorized service provided by the Company), as well as to contracts for the repair and modification of the item concluded between the Company and the customer, as the customer, based on a reference to these Service Terms and Conditions specified in particular (i) in the confirmed Equipment Repair Acceptance Report, (ii) in the order confirmation, (iii) in the confirmation of acceptance of the service price according to the Company’s offer via email communication, or (iv) in the Work Sheet confirmed by the client, in each case effective as of the moment when any of these legal events occurs first.

2. These Service Conditions are governed by the laws of the Czech Republic. These Service Conditions shall apply to all service interventions of the Company and claims, unless otherwise stipulated in the contract between the Company and the Customer or unless otherwise stated by the Company in the warranty/delivery note of the equipment.

3. For the purposes of these Service Terms and Conditions, a “Customer” means a natural or legal person who, as the “Client,” has entered into a contract with the Company for the repair and modification of an item, or whose other request for service the Company has confirmed under these Service Terms and Conditions. The term “Client” as used in these Service Terms and Conditions always refers to the Customer as well.
For the purposes of these Terms of Service, a “consumer” is defined, within the meaning of Section 419 of the Civil Code, as any person who, outside the scope of their business activities or outside the scope of the independent practice of their profession, enters into a contract with a business or otherwise deals with a business.
An entrepreneur, within the meaning of Section 420 of the Civil Code, is a person who independently carries out a gainful activity on their own account and under their own responsibility in a trade or similar manner, with the intention of doing so systematically for the purpose of making a profit. For the purposes of consumer protection, an entrepreneur is also considered to be any person who enters into contracts related to their own commercial, manufacturing, or similar activities or in the independent exercise of their profession, or a person acting on behalf of or for the account of an entrepreneur.
For the purposes of these Service Terms and Conditions, the “Customer” means (i) a customer to whom the equipment was delivered by the Company or (ii) a customer using equipment delivered by a third party who
(i) handed over the equipment to the Company for the provision of warranty service on equipment delivered by the Company
(ii) handed over the equipment to the Company for the provision of authorized service
(iii) entered into a contract with the company for the repair and modification of the item
(iv) ordered post-warranty service for the equipment from the company via
(v) otherwise (in the manner defined in Article I of these Service Terms and Conditions) ordered a service intervention from the company

Equipment means any IT equipment that (i) bears the original markings of "Lenovo", "IBM", "Apple", "Toshiba" or equipment supplied by the Company and (ii) has been delivered to the Company for service.

Warranty service is the repair of the equipment under the quality guarantee provided by the Company, more precisely defined by the Company in the warranty/delivery note, carried out by the Company's service department on the basis of a proper complaint of the equipment by the Customer and in accordance with these Service Conditions.

Warranty service according to these Service Conditions is also the repair of the equipment performed by the Company as an authorized service center (authorized service) within the warranty service of the manufacturers of the brand "Lenovo", "IBM", "Apple" and "Toshiba" (hereinafter referred to as "authorized service").
Non-warranty service is any repair or modification of the equipment performed at the request of the customer outside or beyond the warranty guaranteed by the warranty certificate.

4. The Service Terms and Conditions are valid in their current version and are available on the company’s website at www.its.cz/produkty-a-sluzby. As an integral part of the contract for the repair or modification of an item, the Service Terms and Conditions in effect as of the date the contract for the repair or modification of the item is concluded shall apply.

5. Contact details: ITS akciová společnost, ID: 148 89 811, with registered office: Praha 3, Vinohradská 184, tel.: 255 772 333.

II. SERVICE:

1. The Company provides services to the Customer who requests the repair or modification of equipment supplied to the Customer by the Company. The Company also provides warranty service for equipment supplied by the Company, as well as authorized service under the warranty programs of the manufacturers of the “Lenovo,” “IBM,” “Apple,” and “Toshiba” brands. In the event of a repair or modification of equipment or post-warranty service, the Customer enters into a contract with the Company for the repair and modification of the item (hereinafter referred to as the “repair contract”); a contract concluded on the basis of confirmation of the customer’s order in the manner defined in Article I of these Service Terms and Conditions is also considered a contract for the repair of an item. By entering into the Contract for the Repair of an Item, the Customer is deemed to have agreed to the terms and conditions set forth in the Service and Claims Regulations of ITS, a.s. (Service Terms). The contract for the repair of an item is concluded at the moment of (i) receipt by the company’s service department of a properly completed and customer-confirmed Equipment Acceptance Report for Repair, provided that the contract is concluded subject to the condition that the completeness of the price is not guaranteed, or even without a price being specified, and (ii) the delivery of the equipment to the company, specifically at the moment when both of the aforementioned conditions are cumulatively met.

2. By handing over the equipment for the performance of a service intervention consisting of the provision of labor (repair or modification of the equipment) and materials (for the repair or modification of the equipment) as part of (i) post-warranty repairs, (ii) a service intervention under warranty service for equipment supplied by the company and under authorized service, or (iii) repair or modification of equipment, in particular pursuant to a contract for the repair of an item (hereinafter collectively referred to as “service intervention”), the Customer undertakes to fully and unconditionally accept the Company’s service and warranty terms and conditions set forth in these Service Terms and Conditions.

3. To ensure that the service call is handled properly and without delay, the customer’s cooperation is required, consisting primarily of the delivery of (i) a properly completed and customer-signed Equipment Repair Acceptance Form and (ii) the equipment to be repaired or modified, all to the address of the Company’s nearest service location (a list of service locations is provided in Article V, Section 8 of these Service Terms and Conditions), including a brief and concise description of the defect, as well as information on whether the Customer requests that all diagnosed defects be repaired or only the repair specified by the Customer be performed. If the customer fails to specify the repair and this is not evident from the service order form used to request the repair, it shall be presumed that the customer wishes to have a complete repair performed.

4. The Customer is obligated to pay the Company the actual cost of the service call at all times. By entering into a repair contract, the Customer expressly agrees that, prior to the commencement of the service call, the equipment will undergo diagnostics and that the Company will subsequently notify the Customer (via email to the address specified in the Equipment Acceptance Report for Repair) by the Company (hereinafter referred to as the “notification of the service call price”). The estimated price is not determined based on a professional diagnosis of the requested service intervention; therefore, the Company reserves the right to set a new price for the order after the diagnosis is performed, which will correspond to the identified scope of defects and the estimated scope of work and materials required to perform the service intervention. The Company reserves the right to change the price determined in this manner even multiple times during the execution of the order if, during the diagnostic process and the performance of the service call, previously unknown facts are discovered that affect the price of the service call. However, the Company will always request the Customer’s consent to any price change exceeding the limit specified in these Service Terms and Conditions or in the Equipment Acceptance Report for Repair. The Company is not obligated to provide the Customer with a list of work and materials required for the repair of the equipment, in addition to the price quote, if such information could be commercially exploited by the Customer or a third party to the detriment of the Contractor. If, following the diagnosis, the customer refuses the service intervention for any reason, or if it is determined that the equipment is irreparable, the customer is obligated to pay the company a fee of CZK 600 + VAT for the diagnosis, plus shipping and handling. If the customer agrees to the price of the service, the customer is obligated to pay the company the price of the service + VAT, plus shipping and handling. The customer expressly agrees that the final repair price may differ from the estimated repair price by up to 10%, and by entering into the repair contract, the customer declares that (i) the customer has already consented to such an increase in the repair price by signing the Equipment Acceptance Protocol, (ii) they agree to it without reservation, and (iii) they will always pay the company the increased repair price without reservation. The Customer is obligated to pay the Company the invoiced price for the service performed, provided that it does not exceed the estimated price by more than 10%, without the Company being required to further consult the invoiced price with the Customer.

5. In connection with the diagnosis, the Company is authorized to perform on the equipment all actions that are strictly necessary to determine the equipment’s technical parameters, as well as to establish the financial costs of the service intervention, without the Customer being entitled to have the equipment restored to its original condition free of charge if, for any reason, the service intervention is not carried out or completed.

6. “Exchange System”: The Company is authorized to perform service work such that, in addition to remedying the defect by replacing the defective part, the Company will provide the customer with a discount on the price of the non-warranty service work performed (The “Exchange System” does not apply to service interventions performed by the Company’s warranty service or an authorized service center) against the price of the replaced defective part, which the customer shall simultaneously transfer to the Company as consideration. The price of the transferred defective part will be offset by the Company against the price of the service intervention. The customer acknowledges that for equipment repaired under the “Exchange System” (where the Company replaces the entire defective part with a new or refurbished part under warranty), it is not possible to request the return of the defective part after the device has been repaired, as the defective part became the property of the Company upon replacement; in the Exchange System, the Company provided a more favorable price for the replaced part than the price of a standard part ordered from the manufacturer. If, in such a case, the customer insists on the return of the defective part, the company reserves the right to withdraw from the repair offer under the “Exchange System” and instead provide the repair at the standard service call rate.

7. If the Customer does not notify the Company without delay, but no later than 10 days after the delivery of the notification of the price of the service intervention, that it refuses to provide the service intervention, it shall be deemed that the Customer agrees to the price of the service intervention and the Company shall provide the Customer with the service intervention at the price stated in the notification of the price of the service intervention, whereby the Customer shall be obliged to pay this price together with VAT to the Company.

8. The Company is entitled to issue an invoice for the service call upon its completion, and the Company will always add VAT to the service call price at the rate specified by applicable law. The invoice is due upon the Customer’s acceptance of the equipment following the service call, unless otherwise agreed by the parties.

9. The Company has the right to retain the equipment or any part(s) thereof to secure payment of the outstanding service fee (or a portion thereof), including accessories and costs associated with the service. The rights and obligations of the parties in the event the Company exercises its right of retention are governed by applicable law. Defective parts replaced during warranty repairs always become the property of the Company; the Company does not return these defective parts, does not provide any compensation for them, and the Customer is not entitled to assert any claims in relation to the replaced defective parts.

10. The location for accepting equipment for repair is the address of the nearest company service center (a list of service centers is provided in Article V, Section 8 of these Service Terms and Conditions). The costs of delivering and collecting the equipment in connection with the service intervention shall always be borne by the customer. If the equipment is transported from the customer to the company’s service center and back by the customer or a third party, the customer shall pay for transportation to and from the service center. The Customer shall also bear any additional expenses arising from the transport, handling, packaging, or storage of the equipment being repaired, etc.
The costs of transporting the equipment for warranty service purposes for equipment supplied by the Company shall be borne by the Customer. However, upon acceptance of a warranty claim in an individual case, the Company will typically deliver the goods to the Customer at its own expense.

11. The repair/service intervention shall be deemed completed (depending on the requirements specified in the Protocol on Acceptance of the Equipment for Repair) on the date of handing over the equipment for transport to the Customer (delivery method: cash on delivery), or on the date of performing the service intervention at the Customer's premises, or on the date when the Customer is notified by e-mail sent to the Customer's electronic address specified in the Protocol on Acceptance of the Equipment for Repair that he/she can collect the repaired equipment.

12. The proper performance of the repair/service intervention and the handover of the repaired equipment to the Customer shall be confirmed in writing by the Customer and the Company, except when the equipment is handed over to the Customer for transport. In the case of handing over of the equipment for transport, a notice (confirmation) of the repair will be sent to the customer.

13. The Customer is required to take delivery of the equipment immediately after the service work has been performed. If the Customer fails to take delivery of the equipment within one month of receiving a notice to take delivery that includes notification of the Company’s intention to sell the equipment, the Company is entitled, at its discretion, to sell the equipment on the Customer’s behalf or to dispose of it in an environmentally responsible manner; By entering into this Agreement, the Customer expressly agrees to this procedure by the Company, provided that the Company’s rights arising from applicable laws are not affected by this provision. The Customer is not entitled to claim any compensation or damages from the Company. The Company reserves the right to use the proceeds to offset costs incurred by the Company and not paid by the Customer, particularly in connection with the service intervention. From the moment the Customer is in default of taking delivery of the equipment following the service intervention, the risk of damage to the equipment passes to the Customer. By accepting these Service Terms and Conditions, the Customer expressly agrees that the procedure set forth in Article II, Section 13 shall also be applied appropriately to equipment handed over by the Customer for service work that becomes abandoned property.

III. (i) WARRANTY, (ii) COMPLAINT:

A.

1. The company provides a 90-day warranty on repair work (including repairs performed through the Exchange system). The warranty period begins on the day the device is handed over to the customer following the service intervention, or on the day the customer was required to accept the device following the service intervention.
This warranty does not apply to repairs of devices from brands other than “Lenovo,” “IBM,” “Apple,” and/or “Toshiba,” even if they are packaged and sold with devices from “Lenovo,” “IBM,” “Apple,” or “Toshiba.”

2. The customer is required to verify that the equipment is in full working order immediately upon receiving it from the company.

3. The customer has no rights under the warranty if the defect was caused by an external event after the risk of damage to the item had passed to the customer.

4. The customer is required to report defects covered by the warranty to the company in writing immediately upon discovery; otherwise, the customer’s claims against the company shall lapse. When filing a claim for warranty defects (complaint), the customer is required to draw up a complaint report/repair report with the company and submit to the company a duly completed (i) warranty certificate, (ii) repair agreement, or (iii) other document proving the conclusion of a repair agreement within the meaning of these Service Terms; in the event that the customer fails to submit any of the aforementioned documents, the company may, at its own discretion, verify the device in the manufacturer’s database. Without the submission of a duly completed complaint report/Repair Report and warranty certificate, or other documents as specified in the preceding sentence, or if the warranty certificate or other documents as specified in the preceding sentence are submitted with illegible, altered, or otherwise modified information, or in the event of a change, removal, or damage to the identification information on the device, the claim cannot be accepted.

5. The scope of the customer’s claims arising from defects covered by the warranty is governed exclusively by these Service Terms; any other claims by the customer are excluded.
6. The warranty period is suspended from the date the claim is filed until the date the customer accepts the equipment after the repair is completed, or until the date the customer was required to accept the equipment after the repair was completed.

B.

Warranty repairs:

1. In cases where service is provided (i) as part of authorized service and/or (ii) as part of warranty service for equipment supplied by the Company, the Company shall process the claim no later than 30 days from the day following the receipt of the equipment for warranty repair and the delivery of (i) the claim report or (ii) the request for a service claim to the Company and (iii) the documents specified in Article III, Part A, Point 4, at the moment when all of the aforementioned conditions are cumulatively met.

2. In cases where service is provided under a repair contract, the company shall process the claim no later than 30 days from the day following the receipt of the equipment for warranty repair and the delivery of (i) the claim report or (ii) the request for a service claim to the company, and (iii) the repair agreement, at the moment when all of the aforementioned conditions are cumulatively met.

3. Before sending the equipment to the Company for service under warranty, the Customer is strongly advised to make a backup copy of the contents of its storage media, remove personal data and deactivate all security passwords. The contents of the device storage media may be deleted, replaced, reformatted, etc. during the service intervention.

4. The Company reserves the right to determine how to handle a complaint at its discretion, always taking into account the applicable warranty terms of the manufacturers of Apple, Lenovo, Toshiba, and IBM devices, unless otherwise provided by applicable law. If the warranty conditions are met, all defects covered by the warranty will be resolved primarily through repair. Resolution of a claim means the removal of the reported defect (through repair or replacement of the device or its part) or the provision of a discount on the cost of the service performed, always at the Company’s discretion, or the implementation of another solution as agreed with the customer.

5. The Company may also, at any time, replace the defective equipment with a new unit—provided this is not disproportionate given the nature of the defect—or replace its defective component (part) with a non-defective one. In this case, the replaced equipment or its component (part) becomes the property of the Company. In the event of an irreparable defect in the equipment or its component (part), the Company may always replace the defective equipment—unless this is disproportionate given the nature of the defect—or its defective component (part) with a defect-free one.

6. The Company may reject a claim, in particular, in the following cases:
(i) if the claimed defect does not manifest itself during the acceptance tests and the Customer is not immediately able to visibly demonstrate the defect to the Company,
(ii) if the cause of the defect is failure to follow the instructions in the equipment documentation or the instructions provided by the company in the Service Report,
(iii) if the cause of the defect is contamination of the equipment or neglect of periodic maintenance of the equipment,
(iv) if the equipment was used in conjunction with such auxiliary equipment, consumables, accessories, or in a manner that is contrary to the instructions of the company and/or the manufacturer,
(v) if the equipment was used during the period between the filing of the complaint and the performance of diagnostics for defect complaints,
(vi) if the cause of the claimed defect is not directly related to work performed by the company on the device as part of the claimed service intervention, specifically according to the statement of work performed and the items billed on the Handover Report/Repair Completion Report,
(vii) if the damage was caused by using the device with another product,
(viii) in the case of damage caused by intervention/service performed by a person who is not a representative of the company or a service provider authorized by the manufacturers of Apple, Lenovo, Toshiba, and/or IBM devices
(ix) in the case of a device that has been modified to change its functionality or technical capabilities without the prior written consent of the company
(x) in the case of damage caused by normal wear and tear or other normal aging of the device
(xi) in the case of devices from which the serial number has been removed or erased
(xii) for other reasons arising from these Service Terms or applicable laws.

7. If equipment or a component thereof is replaced, or if the cost of a service call is refunded, any replaced equipment or component becomes the property of the customer, and the equipment or component replaced or returned to the company becomes the property of the company.

8. The Company does not guarantee, promise, or accept any liability that it will be able to repair or replace devices manufactured by Apple, Lenovo, Toshiba, and/or IBM under this warranty without the risk of losing the information or data stored on them.

C.

Limitation of the company's liability for the equipment supplied by the customer to carry out the service intervention:

1. The Company assumes no liability or responsibility for data stored on the Customer’s data storage media and devices, and the Company is authorized to delete or modify such data at any time during the service call. The Customer acknowledges and agrees that data may be deleted or damaged as a result of the service call. In particular, the customer acknowledges and agrees that, as part of or in connection with the service intervention, data may also be lost as a result of reinstalling software to factory settings or replacing the data storage device. The Customer also acknowledges and agrees that in the event of serious damage, the device may be completely inoperable after the service intervention, with no possibility of restoring it to its original condition. The Customer confirms (i) that the Company notified them in advance of the necessity to remove the SIM card from the device, and (ii) that they removed the SIM card from the device being handed over for service in advance. At the same time, the Customer acknowledges that the Company bears no responsibility for any damage and/or loss of the SIM card or data.

2. The Company shall not be liable or responsible, in particular, (i) for hidden defects in the equipment of which the Customer has not demonstrably notified the Company, (ii) for any worsening of pre-existing defects in the equipment that existed prior to the equipment being accepted for service (e.g., malfunctions of the equipment that cannot be repaired, etc.), (iii) for defects caused by wear and tear during the performance of necessary diagnostics (e.g., worn insulation material, gaskets, etc.), (iv) for defects that occur spontaneously during operation without external causes (wear and tear of mechanical parts, etc.).
The Company further assumes no liability and is not responsible for (i) losses that did not occur as a result of a breach of this warranty, (ii) losses related to business operations, lost profits, loss of data, or lost business opportunities; the provisions of Article III, Part C, Section 6 of these Service Terms and Conditions remain unaffected by this provision.

3. The functionality of the equipment following service work corresponds to the scope of standard equipment acceptance tests conducted in accordance with the company’s/manufacturer’s internal guidelines. Any defects that do not meet these criteria will not be recognized as warranty defects in the event of a subsequent claim.

4. If the company fails to carry out the ordered service intervention/repair for technical or financial reasons, if the customer withdraws from the contract, or if the service intervention is not carried out for any other reason, the company is not obliged to restore the equipment to its original condition.

5. The Company is entitled to perform technical work on the equipment necessary to determine the cost of the overall repair or service, without the Customer being entitled to have the equipment restored to its original condition free of charge if the order is not completed for technical or financial reasons.

6. The Company is liable only for actual damages caused to the client/customer by a proven and culpable breach of its obligations; the Company is not liable for indirect damages or lost profits. If the actual damage consists of the creation of a debt, the client/customer has no rights; in particular, the client/customer has no right to have the Company discharge the debt or to receive compensation. In cases of dispute, the client/customer is obligated to prove the Company’s fault. The Company’s liability for damages under the contract is limited, by agreement of the parties, to a maximum amount equal to 100% of the price of the serviced hardware for the entire duration of the contract. The Company shall in no event be liable for consequential damages. The client/customer is not entitled to assert any claims against the company arising from production losses, lost profits, loss of business contacts, or consequential or indirect damages or losses of any kind (including any damages resulting from loss of business profits, decline in turnover, business interruption, loss of credibility, damage to reputation, loss of business information, or any other financial loss or damage, etc.).

7. The Customer shall not be entitled to claim against the Company any costs incurred by the Customer in connection with the repair of the equipment, i.e. in particular lost profits, telephone charges, internet connection costs, transport costs, etc.

8. The company is not liable in particular for such wear and tear or mechanical damage to the equipment entrusted by the client which the client is unable to demonstrably declare (prove) as having been caused by the contractor. A unilateral declaration by the customer in the contract about the condition of the equipment to be handed over shall not be considered as demonstrable documentation of the condition of the equipment prior to repair; the company carries out all service interventions on used equipment and the degree of wear and tear cannot be described unambiguously and unquestionably verbally.

9. For orders placed by the customer with the contractor indirectly (e.g., by the customer sending equipment), the company has no control over the text provided by the customer in the service request. All text provided by the customer in such an order (contract) is considered a unilateral statement by the customer and is not legally binding on the company. The Company is not obligated to perform comprehensive testing of the equipment at the time of its acceptance for repair and the conclusion of the contract to verify all of the Customer’s claims stated in the contract. If, at any time during the performance of the service, the Company discovers a discrepancy or contradiction between the Customer’s statements and the facts, the Company shall not be liable for such discrepancy or contradiction, and the contracting parties agree to rely on the facts as determined by the Company. At the same time, the Company shall notify the Customer of such discrepancy or contradiction. For the avoidance of any doubt, the Company’s offer shall not become binding unless the entire content of the offer is accepted (by the Customer without any changes to the content, amendments, or deviations, or, where applicable, by the Company’s express confirmation of the Customer’s own order within the meaning of Article I of these Service Terms and Conditions).

10. The Company reserves the right to replace original defective parts with equivalent spare parts and components that will provide the required functions of the repaired equipment with the same quality as the original part.

11. The Customer acknowledges that, for certain types of equipment repairs, the disassembly, diagnosis, or replacement of defective components may result in irreversible mechanical, thermal, electrical, or chemical damage to components, and in such cases it is not technically possible to restore the equipment to a condition exactly matching its condition prior to the service intervention, unless the repair is successfully completed for technical, economic, or other reasons.

12. Deviating provisions in the contract shall prevail over the wording of these Service Conditions.

IV. A SPECIAL SECTION ON CONSUMERS:

1. This part of the Service Conditions (Article IV.) applies only to contracts concluded with consumers.

2. Notwithstanding the foregoing, unless this section of the Service Conditions provides otherwise, the provisions of the Service Conditions under Articles I, II, III, V and VI shall also apply to this section, which otherwise governs special terms and conditions for contracts concluded with the consumer.

3. The Company provides a 90-day warranty on the repair work (including Exchange System repairs). The start of the warranty period is governed by cl. III. part A point 1 of these Service Conditions. The Company shall bear the cost of handling a legitimate claim to the extent provided in this Article IV.

4. The time limits for the settlement of the claim shall run from the receipt of the relevant documents and the equipment for warranty repair, or from the receipt of the request for a claim for service intervention including the equipment and the relevant documents, unless a longer period is agreed in writing with the consumer. The commencement of the said period is subject to the submission of documentation as per Article III.A.1 to 6 of these Service Conditions.

5. If the customer is a consumer, the company will decide on the complaint immediately; in complex cases, within three business days. This period does not include the time reasonably required, depending on the type of equipment, for a professional assessment of the defect. The company will handle the complaint, including the repair of the defect, without undue delay, no later than 30 days from the date the complaint was filed. The 30-day period may be extended after the complaint is filed, subject to agreement with the consumer.

6. The Company shall issue the Customer—the consumer—with a written confirmation containing information regarding (i) when the complaint was filed, (ii) the nature of the complaint, and (iii) the requested method of resolution; the Company shall send this confirmation to the Customer—the consumer—by email immediately upon receipt of the complaint (in the case of an in-person claim, it is handed over upon receipt of the device for service). Furthermore, the Company shall issue the Customer—the consumer—with a confirmation of the date and method of resolving the claim, including confirmation of the repair and the duration of the claim, or, if applicable, the justification for rejecting the claim.

7. The consumer shall deliver the device for service at their own expense. In the case of a valid warranty claim, the company shall return the device to the consumer at its own expense after the service has been performed; otherwise, the customer is required to accept the device at their own expense.

After the claim has been settled, the company will notify the customer - consumer by e-mail about the termination of the claim.
8. These Service Conditions are without prejudice to the rights of the consumer, which are provided for by the applicable legislation, in particular the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

V. OTHER PROVISIONS

1. The General Terms and Conditions of the Customer/Customer are hereby expressly excluded.

2. Pursuant to Section 2620 (2) of the Civil Code, the Customer assumes the risk of change of circumstances.

3. The contractual relationship established between the client/customer and the company is not subject to the second and third sentences of Section 2101(1) and Section 2108 of the Civil Code.

4. Termination of the contract does not affect any financial obligations already incurred by the client/customer. Termination of the contract by any means provided for by law or the contract does not affect, in particular, the validity and effectiveness of all provisions establishing the client’s/customer’s obligation to pay (i) the price of the service call or a portion thereof, (ii) related fees, (iii) default interest, (iv) damages, (v) contractual penalties, and any other sanctions. These provisions shall remain in full force and effect even after the termination of the contract.

5. Sections 1764, second sentence, 1765 and 1766 of the Civil Code shall not apply to the contract.

6. By concluding the contract, the Customer expressly confirms that he/she has read and understood the text of these Service Conditions and that he/she does not consider any of their provisions to be such that he/she could not reasonably expect.

7. The Client/Customer, who is an entrepreneur, declares that this Contract is not a contract of adhesion; for the avoidance of doubt, the Parties agree, in accordance with the provisions of Section 1801 of the Civil Code, that the provisions of Sections 1799 and 1800 of the Civil Code shall not apply to this Contract.

8. List of service points of the company:
ITS akciová společnost
Vinohradská 184
130 52 Praha 3

ITS akciová společnost
Hybešova 38
602 00 Brno

ITS akciová společnost
Fibichova 811
537 01 Chrudim

VI. FINAL PROVISIONS:

These Service Terms are effective as of 1 January 2014. Changes to the Service Terms are subject to