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Sales returns rules

Sales returns rules

These sales returns rules are released for purpose of carrying out rights from responsibility of defects in relationships between company Motopoint Pontis srl (further only „company Motopoint“) and its customers.
These sales returns rules are necessary part of General business conditions of company Motopoint Pontic srl (further only „GBC“) in valid wording.
I. Adduced terms
  1. By a customer is understood a buyer in the meaning of GBC.

  2. By responsibility of defects is understood:
    a) responsibility of quantity of supplied goods
    b) responsibility of quality of supplied goods

  3. Complaint is one-sided written legal act of a customer heading to enforce rights from responsibility of defects of company Motopoint.

  4. Takeover of goods is the moment of confirming a bill of deliver, eventually transport document by a customer. Customer undersigns by confirming a comformity of number of packages, eventually products with numbers adduced in appropriate bills of deliver.

  5. By a complaint list is understood a document released by company Motopoint.

  6. By obvious defects when takeover (further only „obvious defects“) are understood:
    a) defect of quantity, which is a contradiction between quantity adduced on a bill of deliver and quantity actually taken over, including a change of items
    b) defect of quantity, which is a contradiction between a number of packages adduced on a transport document and a number actually taken over
    By defects according to letters a), b) is not meant a contradiction between quantity delivered and ordered, if there is not a contradition adduced in these regulations. In this case, observance of company Motopoint is considered as partial.

  7. Hidden defects are other defects than obvious defects, which means defects, that undoubtedly existed in the moment of takeover, however a customer was not able to detect them in any case.
II. Responsibility of defects
  1. Company Motopoint takes the responsibility for quantity and quality of goods, this means that goods are identical to those ordered by a customer concerning quantity and quality.

  2. Rights from responsibility of defects are demanded by a customer with a complaint.

  3. A customer must perform a complaint without delay after he / she discovers a defect, if not further specified unlike.
III. Obvious defects
  1. A customer is obliged to perform a check-up heading to discover obvious defects while takeover. If there is delivered such an amount of goods so that it is unproportional for a customer to perform a check-up of the whole observance, he / she is obliged to perform a statistic check-up of goods. By a statistic check-up of goods is understood a check-up of 10% of goods taken over (a statistic specimen). By performing a statistic check-up is performed a check-up of the whole amount.
    If a statistic specimen contains more than 50% of goods with obvious defects, is a customer authorized to handle a delivery as it was defective in the whole amount. In an opposite case, later complaint overreaching more than 50% of amount is not accepted. Also a complaint in amount of more than 10% of goods is not accepted, if a customer did not adduce defects of goods overreaching this amount while takeover and performing of statistic check-up.

  2. For enforcing rights of obvious defects is a customer obliged to deliver a complaint to company Motopoint properly and at the latest 7 days since takeover. By a proper delivery is understood phone, fax or electronic report (for judging of punctuality is decisive delivering of complaint on a device of company Motopoint), that must contain:
    a) Number of a bill of deliver
    b) Catalogue (price list) number of missing product
    c) Quantity of missing product

  3. A complaint is processed according to possibilities of company Motopoint by providing new, appropriate observance or making a credit note of undelivered goods.

  4. If company Motopoint provided a compensatory observance and after that appeared facts, which a complaint could not have been accepted for, performs additional charging out of purchase price of a compensatory observance.
IV. Hidden defects
  1. A customer writes down hidden defects into a complaint list, which must contain:
    a) labelling a customer
    b) labelling a defective product with adducing a catalogue number and a name of an item
    c) labelling quantity of a defective product
    d) description of a defect or a way, which a defect comes out
    e) name, address and signature of a buyer, which has applied a complaint
    f) date of sale of a defective product
    g) date of a complaint
    h) signature of a customer

  2. Complaints of hidden defects are processed by representatives of company Motopoint by takeover of a properly filled complaint list.

  3. Hidden defects are processed above all by making a credit note or compensatory observance.
V. Common regulations
  1. A premise of processing complaint is accepting complaint by company Motopoint. If not adduced unlike further, a moment of providing compensatory observance is also a moment of accepting a complaint.

  2. Company Motopoint does not accept a complaint, which:
    a) has not been performed in time
    b) has been performed about a defect that undoubtedly did not exist in the moment of takeover goods by a customer

  3. Company Motopoint further expels of its range of responsibility these defects, which rights of complaint do not rely on:
    a) defects of packing of a product complained later than when handover and takeover
    b) mechanical damage of a product by a customer, eventually impurities etc.
    c) at products labelled with price tags, eventually packings of other persons
    d) any other defects applied by a customer if it is obvious that they could not exist while takeover of goods

  4. Costs with handling of accepted complaint carries company Motopoint

  5. These Sales returns rules are valid since the day of their release to the day of their cancelling or to release new Sales returns rules.

  6. Further, complaint procedure is judged according to Commercial Code or Civil Code in the valid wording.

Bucuresti, Romania, 1.1.2012

Motopoint Pontic srl

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