General Provisions
This Complaints Procedure has been established in accordance with applicable laws and applies to products manufactured or offered by ABPLAST s.r.o., for which a complaint has been made within the warranty period.
These complaints apply to both consumers and entrepreneurs, while specific rules may apply to entrepreneurs (B2B), as described in detail in the relevant sections of this document.
By ordering goods, the Buyer expresses agreement with the Delivery and Operating Conditions of ABPLAST s.r.o. and with this Complaints Procedure and confirms that they have been duly acquainted with them.
Seller’s Liability
The Seller is liable to the Buyer that the item is free from defects upon acceptance (when the Buyer has taken over the item – hereinafter referred to as “acceptance”), namely that:
a) it corresponds to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics
b) it is delivered with the agreed accessories and instructions for use
Wear and tear caused by normal use or, in the case of used goods, wear corresponding to the extent of previous use, shall not be considered a defect.
Rights Arising from Defective Performance
The Buyer’s right arising from defective performance is based on a defect that the item had at the time when the risk of damage passed to the Buyer (acceptance), even if it becomes apparent later.
Warranty periods:
Technological equipment and accessories: 2 years
Installation of supplied technology performed by the contractor: 2 years
Tightness of the pool shell: 10 years
ATTENTION:
The warranty does not cover color stability of the pool due to the impossibility of controlling pool water treatment and external influences.
COMPLAINTS PROCEDURE
The Buyer is not entitled to rights arising from defective performance (the warranty will not be recognized) if the defect or damage after acceptance of the goods arose due to:
mechanical damage
defective construction work
improper maintenance
transport of goods (if arranged by the Buyer)
use or improper installation contrary to the Seller’s instructions stated in the Construction Preparation Guidelines for ABPLAST pools and in the Delivery and Operating Conditions of ABPLAST pools, as well as in user manuals, operating and maintenance instructions for technological equipment, etc., or use contrary to generally known rules of use
normal wear and tear or natural material aging
external events beyond the Seller’s control, especially natural disasters or other influences (e.g. power grid failures)
or if use of the goods after the occurrence of the claimed defect has altered their condition to such an extent that the defect cannot be assessed
or if it clearly follows from the nature of the item
The warranty also does not apply to:
defects in the pool body and PVC piping caused by improper construction preparation resulting from failure to comply with the Construction Preparation, Installation and Operation Regulations for ABPLAST pools
leakage of the pool shell and PVC piping caused by improper winter operation (effects of frost and ice)
damage to the surface finish of the pool shell caused by unsuitable pool water treatment technology or inappropriate cleaning agents
flooding of the pump (if included in the delivery) by surface rainwater or groundwater
leakage of the pump caused by running without water
unauthorized interference with electrical or plumbing installations
unforeseen problems and circumstances resulting from improper draining of water or excessive hydrostatic pressure
corrosion of various built-in components (jets, conductors, counter-current devices, dehumidifiers, etc.)
The Buyer is obliged to inspect the goods as soon as possible after delivery by the Seller and determine their condition, quantity and completeness. In the event of visible damage during delivery, the Buyer must record this in the transport (delivery) note in the presence of the carrier.
The Buyer is also obliged to check whether the goods correspond to the order, especially in terms of type and quantity, and must immediately inform the Seller of any damage or incompleteness.
Any defects discovered later must be reported to the Seller in writing with an exact description of the defect, identification of the goods and contact details of the Buyer. The Buyer must also attach photographs of the claimed defects.
Acceptance of goods without noting defects in the transport document is considered proof that the goods were delivered properly, in the correct quantity and without visible damage.
In the case of personal collection, the Buyer must inspect the goods upon receipt and immediately claim any visible defects.
This warranty is exclusive and replaces all other warranties (written or oral) and cannot be changed without written consent of ABPLAST s.r.o. The company is not liable for consequential, incidental or special damages resulting from breach of this warranty.
If ABPLAST s.r.o. is required to provide a warranty by legal means or otherwise, its duration is limited to 24 months from the original sale, and remedies are limited to refund, repair or replacement at the company’s discretion.
Submission and Handling of Complaints
These complaints apply to both consumers and entrepreneurs; specific B2B rules may apply.
The Buyer may submit a complaint in person at the Seller’s branch or by e-mail to ……………………………………….. . In B2B cooperation, complaints must be submitted exclusively in writing via a Complaint Ticket in the ABPLAST Configurator. The Buyer is obliged to provide photos or video of the extent of damage together with the complaint.
The Buyer must also prove that the defect existed at the time the risk passed (upon delivery). Failure to meet any complaint conditions means the Seller is not obliged to accept the claim.
If the claim is justified, replacement goods will be delivered free of charge and transport, or the goods will be repaired if feasible. Customers must not perform any modifications or repairs without written consent during the warranty period, otherwise the warranty becomes void.
Costs related to justified complaints are borne by the Seller; unjustified complaints by the Buyer. Payment must be made within 30 days of invoice delivery.
Complaints will be resolved within 30 days unless otherwise agreed. The Seller will inform the Buyer using the provided contact details. The Buyer must provide cooperation (including testing or dismantling).
After resolution, the Seller informs the Buyer via ticket, email or other suitable means. If goods were shipped, they will be returned after processing.
The Buyer must allow access to the claimed item and provide electricity and water if necessary.
If the contract is breached non-materially, the Buyer is entitled only to defect removal or a reasonable discount, at the Seller’s discretion.
If defect removal would incur disproportionate costs, the following applies:
If the contract is breached materially, the Buyer is entitled only to repair, replacement, or a reasonable discount, at the Seller’s discretion.
Assessment of breach type and cost disproportionality is solely up to the Seller.
If the Buyer is in delay with payment, all warranty claims are forfeited.
The Seller is not liable for damage caused to third parties due to faulty instructions or installation by the Buyer.
The Buyer may not claim damages simultaneously with defect liability claims.
Final Provisions
Matters not regulated herein are governed by Czech law.
This Complaints Procedure becomes effective on 1 July 2025 and replaces all previous versions.
Changes reserved.