Information regarding TRILUX complaints handling

Claims for material defects presuppose, among other things, that the purchase item featured a defect at the point in time of transfer to the buyer. In accordance with our terms & conditions of delivery, we shall bear the replacement costs only if the defect was our fault. This is the case if the goods did not have the characteristics agreed upon in the purchase contract or are unsuitable for the purpose provided in the contract and/or customary use.

Even after the amendment of liability for material defects under commercial law effective 01/01/2018, the following applies:
the obligation to provide evidence that a defect exist that is our fault as well as for the need and appropriateness of the expenditures required for supplementary performance, especially also of the replacement costs, shall - on principle - be borne by buyer. Furthermore, in commercial sales, the prerequisites with respect to the obligations to inspect and complaint as per § 377 German Commercial Code (HGB) must be presented and proven in the whole delivery chain. In B2B transactions, we shall have the right to completely reject the reimbursement of expenditures if both forms of supplementary performance are possible only at disproportionate costs.

The legal framework conditions make a quick response and remedy options required in practice more difficult. To address the requirements in practice for a quick correction of the problems, we are therefore offering the following simplified processing as an alternative to the aforementioned legal situation:

The following provisions presuppose that the defective devices are made available to us for an opportunity to inspect them.

Article 1:

In case of costs for replacement (up to a maximum of EUR 200) we shall deliver an advance replacement free of charge. You shall send the defective devices back to us subsequent to replacement. We shall bear the replacement costs in accordance with the provisions of Article 2 and this only if we carry out an inspection of the devices as per your request.

Your advantage: no proof of defect by customer required, we deliver a replacement free of charge and without complications.

Article 2:

In case of costs (up to a maximum of EUR 1,000), we shall deliver to you, in advance, the required replacement devices and shall take on the inspection of the devices subject to the complaint. If it becomes evident during inspect that a defect exists that is our fault: We shall provide a contribution towards the replacement costs in the amount of a flat fee cost of EUR 15.00 per replaced, defective device.

In case of proof of more difficult circumstances (with respect to ceiling height, setup time, programming costs, etc.) we shall additionally compensate a one-time flat fee in the amount of a maximum of EUR 150.00.

Your advantage: no proof of defect by customer required, we deliver a replacement quickly and without complications and take on the inspection of the devices for you. We shall contribute towards the replacement costs without complications if a defect is found during inspection that is our fault.

Please note: if not defect that is our fault is found during the inspection, we reserve the right to charge an inspection flat fee in the amount of EUR 100.00 per device as well as subsequent billing of the replacement devices. You shall bear higher inspection costs only if you have expressly consented to them prior.

Article 3:

We shall take on expenditures above and beyond that if we are, prior to any cost-triggering measures, included in a timely manner in the removal of defects and if the amount of the expenditures is coordinated with us in advance. In this, we adhere to pricing policies in line with the market and negotiate with you, in advance, the amount of the required expenditures.

Your advantage: since we are included early on, we can contribute technically to a more cost-efficient solutions and avoid later discussions regarding the necessity and appropriateness of the expenditures and the amount of the costs.

Please note: if during the inspection on-site or, where applicable, the required subsequent inspections at the factory, it turns out that a defect exists that is not the factory’s fault, we will charge our expenditures as follows: