Complaints and Service Code of 2N TELEKOMUNIKACE a.s.

I. General Information, Definition of Terms

1. This Complaints and Service Code (hereinafter also referred to as the “Code”) of 2N TELEKOMUNIKACE a.s., ID number: 26183960, with its registered office at Prague 4, Modřanská 621/72, postcode: 14301, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, entry 6613 (hereinafter referred to as the “Company” or “2N”), sets out, in particular, the conditions for the warranty and post-warranty service of goods (devices) supplied by the Company, the procedure in case of complaints regarding such goods and any requests for post-warranty service, as the case may be. By concluding a purchase contract, the buyer agrees to the terms and conditions set forth in this Code and expressly accepts these terms. This Complaints and Service Code is an integral part of purchase or other similar contracts (hereinafter referred to as the “Purchase Contract”) and applies to warranty service for the Purchase Contracts concluded between the Company and the buyer (or an otherwise designated person in a similar position), based on reference to this Code in the confirmation of an order for the relevant goods or expressed otherwise upon the conclusion of a Purchase Contract. In the case of contracts for the repair or modification of goods/devices as part of post-warranty service, this Complaints and Service Code applies to contracts for the repair and modification of goods/devices (i) upon the conclusion of a contract for the repair or modification of goods/device, (ii) based on a reference to this Code in the confirmation of the acceptance of the price of post-warranty service, or (iii) the customer’s confirmation of a service sheet (Section III, Article 1 of this Code), at the moment any of these legal facts occur, whichever is first. The Company will always attach this Complaints and Service Code to the relevant document or refer to it in another manner.

By handing over device for a service intervention involving the provision of work (repair or modification of device) and input material (for the repair or modification of  device) as part of (i) a post-warranty repair, (ii) a service intervention as a part of the warranty service of devices supplied by the Company or (iii) the repair or modification of  device, in particularly pursuant to a contract for the repair of goods/device (hereinafter collectively referred to as “Service Intervention”), the ordering party undertakes to accept the Company’s service and complaints terms and conditions as set out in this Complaints and Service Code in full and without reservation.

2. This Complaints and Service Code is governed by the laws of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), as amended.

3. For the purposes of this Code, the “Customer” or the “Buyer” shall mean the buyer—an individual or a legal entity that purchased device from the Company for the purpose of its re-sale to end users.

For the purposes of this Code, the “Ordering Party” shall mean a Customer that orders from the Company warranty or post-warranty service of goods (device) manufactured or distributed by the Company.

“Warranty Service” shall mean the repair of device as a part of the guarantee of quality/warranty provided by the Company based on a due Ordering Party’s complaint regarding device in accordance with Section II or V of this Code.

“Post-Warranty Service” shall mean any repair or modification of device based on a request by the Ordering Party outside or exceeding the framework of the guarantee of quality/warranty provided by the Company.

Unless the Purchase Contract between the Company and the Customer expressly provides otherwise, this Complaints and Service Code governs all complaints and Service Interventions handled by the Company; the extent of the Customer’s claims for defects subject to a warranty is governed exclusively by this Code; any other claims of the Customer are excluded.

Without 2N’s prior express written consent, the Customer/Ordering Party is not entitled to exclude the effects of this Complaints and Service Code (including any part hereof), change or modify this Code or any part hereof, even in a manner that amends this Code immaterially or in a manner in which identical terms and conditions are expressed in other words; the application of Section 1740 (2) and (3) of the Civil Code is excluded. Any reference by the Customer/Ordering Party to its own terms and conditions or the terms and conditions of a third-party shall have no legal effect; Section 1751 (2) of the Civil Code is excluded.

II. Guarantee of Quality, Warranty Service

1. Unless otherwise provided in a written Purchase Contract between the Company and the Buyer, 2N warrants the goods to the Buyer to the extent and subject to the terms and conditions set forth in 5-Year Limited Hardware Warranty available on the 2N’s website here: /en_GB/support/warranty-and-repairs.

2. The Buyer’s cooperation consisting, in particular, of the following is necessary for the due and prompt handling of claims/complaints:

A. Before sending the device to the Company, the Buyer should first contact the Company’s technical support department. All contact details are available on the following 2N’s website: /en_GB/support/technical-support (section: Contact us).

The Company’s technical support department shall always decide whether it is necessary to send the device to the Company for repair or whether it is possible to correct a defect remotely. In the event of a need to send the device to the Company, an RMA (“Repair Merchandise Authorisation”) number is generated and sent to the Buyer, together with the service sheet.

B. In the event of a claim regarding device, it is necessary to submit the following to the Company:

a) The device in question, including all its parts and accessories;

b) A duly completed service sheet;

c) A detailed description of the defect (specification of the defect is a very important step in the RMA process that can prevent the failure to locate a defect).

Without the submission of a duly completed service sheet or other documents according to the previous sentence, or in case of the submission of a service sheet or other documents according to the previous sentence with illegible, overwritten or otherwise altered data, or in the event of a change to, the removal of, or damage to identification data attached to device, a claim cannot be recognised.

The buyer must report any defects covered by the warranty to the Company promptly and in writing, immediately after they are discovered, otherwise the Buyer’s claims against the Company become void.

The warranty period stops to run from the date a claim/complaint is made until the date the Buyer accepts, or is required to accept, the repaired device.

C.  When returning or exchanging the device, the Buyer must send the device to the Company complete, including all components, manuals, documents, instructions and other accessories in the original packaging. The Company is, at its discretion, entitled to use a third party (service company) to settle any claims/complaints, and is liable for this third party’s performance as if it performed this activity itself.

3. Repair of defects:

In the event of a complaint regarding device manufactured by the Company, the Company shall use its best efforts to make the device repaired within 30 days. This period begins to run on the first day after the device is received by the Company for repair, including all documentation, in accordance with Section II, Article 2(B)(b)–(c) of this part of the Code (in the event the device is received without documentation, then in accordance with Section II, Article 2(B)(b)–(c) from the day of documentation is subsequently received). In the event of a claim/complaint regarding device not manufactured by the Company, the period for repair is determined by the contractual terms and conditions of the Company’s suppliers or the manufacturer. In the event the Company does not complete warranty repairs on device by the deadline specified in Section II, Article 3., the Company will exchange the device for new, unless this is unreasonable with regard to the nature of the defect, or its defective components (parts), regardless of the repairability of the defect, and this within 14 days following the day the warranty repair should have been completed. In the event of a non-repairable defect, the Company will exchange the device for new, unless this is unreasonable with regard to the nature of the defect, or its defective components (parts), and this within 30 days. This period begins to run on the day after the device is received by the Company for repair, including all documentation, in accordance with Section II, Article 2(B)(b)–(c) and (C) of this part of the Code (in the event the device is received without documentation, then in accordance with Section II, Article 2(B)(b)–(c) from the day documentation is subsequently received). In the event of a claim/complaint regarding device not manufactured by the Company, the deadline for exchange is determined by the contractual terms and conditions of the Company’s suppliers or the manufacturer. Sections 2106 and 2107 of the Civil Code shall not apply.

4. The place for the delivery of goods for service (“Service Point”) is the Company’s RMA warehouse at the address: Obchodní 107, 251 01, Čestlice, Czech Republic, unless agreed otherwise by the Company and the Buyer. The Buyer pays for transport to the Service Point. The Company will pay for the transport of repaired or exchanged device back to the Buyer in the event of a recognised warranty claim regarding goods.

5. In the event the Company subsequently finds that a complaint does not meet the conditions for warranty service in accordance with the warranty conditions, the buyer will be requested to conclude a contract for the repair of goods/device in accordance with Section III, Article 1 of this Code within 30 days (of the receipt of the device for warranty repair, including all documentation in accordance with Section II, Article 2 of this Code) and the relationship between the Buyer and the Company will then be governed by Section III of this Code; the Buyer is also entitled to collect unrepaired device at its own expense using a transport company. In the event the Buyer fails to respond to the Company’s call, the Company will proceed in accordance with Section IV, Article 1 of this Code.

6. The period for the settlement of warranty claims begins to run from the first day following the receipt of the device in question, including documentation, in accordance with Section II, Article 2(B)(b)–(c), and ends on the day the claim/complaint is settled. A repair is regarded as completed and the claim as settled (i) on the day the device is handed over for transport to the Buyer, or (ii) on the day a warranty repair is completed directly at the Buyer’s place of business, or (iii) on the day the Buyer was notified that it can collect repaired device using a transport company.

7. The repair of a defect or exchange of a device and the handover of repaired or exchanged device to the Buyer will be confirmed by the Buyer and the Company in writing in a complaint report (including an indication of the manner in which the claim/complaint was settled). In the event the device is handed over for transport to the Buyer, one copy of the complaint report, indicating the manner in which the claim/complaint was settled, will be sent to the Buyer on settlement of the claim/complaint. Any further complaints regarding exchanged device will be submitted by the Buyer based on this complaint report, which supplements this Complaints and Service Code.

8. In the event the Company finds that the complaint is not justified during the assessment of a claimed defect (hereinafter referred to as the “Unjustified Claim”), the Company will inform the Buyer without undue delay in writing. In such a case, the Company is entitled to charge the Buyer for the work necessary to assess and settle (including sending) the Unjustified Claim according to the then current Company’s price-list, as well as the costs of returning the device to the Buyer. In the event of an Unjustified Claim, the warranty period is not extended by the period taken to deal with the complaint.

III. Post-Warranty Service

1. The Company provides post-warranty service to Ordering Parties who request a repair or modification of device manufactured or distributed by the Company. In the event of a post-warranty repair or modification of device, the Ordering Party concludes a contract with the Company for the repair or modification of device (“Contract for the Repair of Device”). By concluding a Contract for the Repair of Device, the Ordering Party agrees to the terms and conditions set forth in this Complaints and Service Code. A Contract for the Repair of Device is concluded at the moment (i) of the Company’s acceptance of a duly completed service sheet confirmed by the Ordering Party, which can be concluded without the determination of a specific price, and (ii) the delivery of device to the Company, at the moment both the aforementioned conditions are met. By handing over the device for post-warranty service intervention, repair or modification (“Post-Warranty Service Intervention”) the Ordering Party undertakes to accept the Company’s complaints and service conditions as stated in this Complaints and Service Code in full and without reservation.

2. For the due performance of a Post-Warranty Service Intervention, it is important for the Ordering Party to cooperate with the Company, in particular in terms of the delivery of (i) a duly completed service sheet confirmed by the Ordering Party and (ii) the device is to be repaired, including any accessories, to the address of the Company’s Service Point, including a brief and accurate description of the defect, as well as information as to whether the Ordering Party wishes all diagnosed defects to be repaired or if only the repair specified by the Ordering Party is requested. In the event the Ordering Party fails to specify the repair and it is not clear from the service sheet it used to order the repair, the Ordering Party will be deemed to want a complete repair. By concluding a Contract for the Repair of Device, the Ordering Party expressly agrees that the device will undergo a diagnostic examination before the start of Post-Warranty Service Intervention, and the Company will subsequently notify the Ordering Party (preferably by e-mail) of the price of the Post-Warranty Service Intervention (“Request for Approval of the Price of Repair”). If the Ordering Party refuses the Post-Warranty Service Intervention for any reason after the diagnostic examination, or it is found that the device is unrepairable, the Ordering Party shall pay the Company a fee according to the then current Company’s price-list, for the diagnostics of each device and transport costs. If the Ordering Party approves the price of the Post-Warranty Service Intervention, the Ordering Party must pay the Company the price of the Post-Warranty Service Intervention + VAT and transport costs.

The Company is entitled to perform any technical operations on device in connection with the diagnostic examination necessary to determine its technical parameters, as well as to determine the financial costs of the Post-Warranty Service Intervention, without the Ordering Party’s entitlement to the free return of the device to its original condition, if, the Post-Warranty Service Intervention is not realised or completed for any reason. If the Ordering Party fails to notify the Company of its consent to the Post-Warranty Service Intervention without undue delay, specifically no more than 7 days from the delivery of notification of the price of post-warranty service, the Ordering Party will be deemed to disagree with the price of the Post-Warranty Service Intervention and the Company will send the unrepaired device back to the Ordering Party and charge the aforementioned amount for diagnostics + VAT and transport costs; the Ordering Party is not entitled to the free return of the device to its original condition and the device will be sent back to the Ordering Party in the condition following the realisation of diagnostics as of the day the device is sent back to the Ordering Party. Pursuant to Section 1740(3) of the Civil Code, a response by the Ordering Party with an addition or deviation is not deemed as acceptance of the Company’s offer to conclude a Contract for the Repair of Device, even if it does not materially change the conditions of an offer.

3. The Ordering Party is always obliged to pay the Company the actual price of a Service Intervention. The Company is entitled to issue an invoice for the price of a Service Intervention, including costs at the time of the completion of the Service Intervention, which will be increased by applicable VAT according to valid legislation and any transport costs. The Company is entitled to retain device or its part(s) to ensure the payment of amounts due for Post-Warranty Service Interventions, including accessories and costs relating thereto. The rights and obligations of the Parties in the event the Company exercises its right of retention are governed by Section 1395 et seq. of the Civil Code.

4. The Company provides a 6-month warranty on repair work. This warranty does not apply to the repair of devices of brands other than the 2N, even if this is packaged and sold with 2N device.

5. The place of delivery for Post-Warranty Service Interventions is the Company’s Service Point at the address: Obchodní 107, 251 01, Čestlice, Czech Republic. If device is transported from the Ordering Party to the Company’s Service Point and back by a third party, the Ordering Party will pay for transport to the service point and back. The Ordering Party will also pay any additional expenses relating to transport, handling, packaging or storage of repaired device.

6. A Post-Warranty Service Intervention is regarded as completed (depending on the requirements stated on the service sheet) (i) on the day the device is handed over for transport to the Ordering Party, (ii) on the day a post-warranty repair is completed at the Ordering Party’s place of business or (iii) on the day the Ordering Party is notified that it can collect the repaired device using a transport company by e-mail sent to the e-mail address indicated on the service sheet.

7. The due completion of a Post-Warranty Service Intervention and the handover of repaired device for transport to the Ordering Party will be confirmed by the Ordering Party and the Company in writing.

IV. Other Rights and Obligations of the Company and Ordering Parties

1. If device is not transported from the Company’s service point by a third party, the Ordering Party that handed the device over for a warranty or post-warranty repair is obliged to collect the repaired device within one (1) month of the time the Service Intervention was to be performed or, if the intervention was performed at a later date, within one (1) month of notification of its performance. If the Ordering Party does not do so, it will be obliged to pay the Company a storage fee of CZK 100 (EUR 4) for each commenced day of storage.

If the Ordering Party does not collect an item (device) within two months of the day it was required to accept (collect) this item, the Company will determine a reasonable period of no more than 1 month for the collection of the item (device) and notify the Ordering Party that unless it is collected, the Company will sell the item at the end of this period. If the Ordering Party does not collect the item in this additional one-month period, the Company is entitled to sell the item (device) on the Ordering Party’s account. If the uncollected item (device) is sold, the Ordering Party will be paid the proceeds of the sale after the deduction of the price of the repair (Service Intervention), storage fee, costs related to the sale and the costs of transferring the balance to the Ordering Party. The Ordering Party must exercise its right to these proceeds from the Company in writing. By concluding a contract, the Ordering Party expressly agrees to this procedure and grants the Company a power of attorney for the Ordering Party’s representation in the sale of any uncollected item, without prejudice to the Company’s rights arising from valid legal regulations. The Ordering Party is not entitled to claim any compensation or damages (loss) from the Company. The risk of damage to the item is transferred to the Ordering Party from the moment the Ordering Party defaults on the collection of the device after the performance of a Service Intervention. By entering into a contract of which this Complaints and Service Code forms part, the Ordering Party expressly agrees to the procedure under Article IV (1) also being reasonably applied to any equipment (device) handed over by the Ordering Party for a Service Intervention that becomes an abandoned property.

2. At the Ordering Party’s request, a repair can be performed outside the Company’s Service Point. In such a case, however, the Ordering Party must pay the Company all travel expenses in accordance with the actual distance travelled to the place of repair and back, as well as all related costs.

3. Before sending device to the Company for the performance of a Service Intervention, it is strongly recommended that the Customer makes a backup copy of the contents of stored media, removes all personal data and deactivates all security passwords. The Customer acknowledges that the contents of storage media in device may be deleted, replaced, reformatted, etc., during a Service Intervention, wherein the Company shall not bear any liability for the loss of data on such media.

4. If device or part thereof is exchanged, any newly-exchanged device or part thereof becomes the property of the Customer and the device or part thereof exchanged or returned to the Company becomes the property of the Company.

5. The Company does not guarantee or promise and does not accept liability for the ability to repair or replace devices under this warranty without the risk of losing the information or data stored on such device.

6. Limitation of the Company’s liability for devices delivered by the Ordering Party for the performance of a Service Intervention:

6.1. The Company does not guarantee and is not liable for data stored on the Ordering Party’s data media and device and is entitled to delete or alter such data in the course of a Service Intervention. The Ordering Party acknowledges and agrees that data may be deleted or damaged as a consequence of a Service Intervention. The Ordering Party in particular acknowledges and agrees that data may be lost as a consequence of SW reinstallation to factory settings or the exchange of a data carrier. The Ordering Party also acknowledges and agrees that in the event of severe damage, device may be completely inoperative, without the option of a return to its original condition after a Service Intervention.

The Ordering Party confirms (i) that it was notified by the Company of the necessity to remove the SIM card from the device in advance and (ii) that it removed the SIM card from device prior to handing it over for a Service Intervention. In addition, the Ordering Party acknowledges that the Company bears no responsibility for any damage to and/or the loss of the SIM card and data.

6.2. The Company does not guarantee and accepts no liability for, in particular, (i) hidden defects in device of which it was not demonstrably notified by the Ordering Party , (ii) any deterioration in pre-existing defects in device that existed before the device was accepted for a Service Intervention (e.g. defects in the functionality of device that cannot be repaired, etc.), (iii) defects caused by wear and tear of the device during the course of necessary diagnostics, (iv) defects that occur spontaneously during operation without any external causes (wear and tear to mechanical parts, etc.).

7. The Company is only liable for actual damage caused to the Ordering Party / Customer through the proven and wilful breach of its obligations; the Company is in no way liable for (i) indirect damage, (ii) subsequent damage or (iii) lost profit.

8. The Company is not obliged to return the device to its original condition (i) If the Company fails to complete the ordered Service Intervention/repair for technical or financial reasons, (ii) if the Ordering Party withdraws from the contract, or (iii) a Service Intervention is not carried out for any other reason.

V. Other Provisions

1. The Customer’s/ Ordering Party’s general business terms and conditions are hereby expressly excluded.

2. The Customer/ Ordering Party accepts the risk of a change of circumstances in accordance with Section 2620(2) of the Civil Code.

3. The second and third sentence of Section 2101(1), as well as Section 2108 of the Civil Code shall not apply to the contractual relationship established between the Customer/ Ordering Party and the Company.

4. The termination of the contract shall be without prejudice to the financial obligations of the Customer/ Ordering Party that have already arisen. The termination of the contract by any means foreseen by law or the contract shall be without prejudice to, in particular, the validity and effect of all obligations establishing the Customer’s/ Ordering Party’s obligation to pay (i) the purchase price or part thereof, (ii) the price of Service Interventions or part thereof, (iii) related charges, (iv) default interest, (iv) damages, (v) contractual penalties and any other sanctions. These provisions remain valid and effective even after the termination of the contract.

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

6. By concluding the contract, the Customer/ Ordering Party expressly confirms that it has familiarised itself with the text of this Complaints and Service Code, that it has read it and that it does not regard any of the provisions as something that it could not reasonably expect.

7. A Customer/ Ordering Party that is an entrepreneur declares that this contract is not a so-called adhesion contract; to avoid all doubt, the contracting parties agree, in accordance with Section 1801 of the Civil Code, that Sections 1799 and 1800 of the Civil Code shall not apply to this contract.

8. Remaining silent, an oral form of agreement or implied consent in the sense of provisions of the Civil Code are excluded as expressions leading to the conclusion of a sub-contract for the repair of device or any other contract.

9. All the Company’s prices are stated excluding VAT. The Company is entitled to charge VAT on prices in accordance with valid legal regulations.

VI. Final Provisions

1. This Complaints and Service Code come into force and effect on 1 April 2024 and apply for an indefinite period.

2. It is possible to use remote means of communication such as e-mail or communication through the Company’s website for communication pursuant to this Complaints and Service Code.

3. The Company is entitled to amend this Complaints and Service Code at any time. Legal relations are governed by the version of the Complaints and Service Code attached to the contract (or to which the contract refers) and, if none were attached, by the version available on the Company’s website at www.2n.com  at the time of the receipt of the complaint or request for a Service Intervention by the Company.

4. The Company reserves the right to amend this Complaints and Service Code, always with effect as of the day of publication on the Company’s website.