CAREKIT WARRANTY TERMS & CONDITIONS
Ather Energy Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 3rd Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bengaluru, Karnataka - 560029 (hereinafter referred to as “Ather”), has issued the below “Products Warranty Terms & Conditions” (hereinafter referred to as the “Warranty Terms”) for its customers, setting out the warranties that Ather provides for the Products sold by Ather.
Any statement, condition, representation, description, or warranty otherwise contained in any catalogue, advertisement or other publication shall not be construed as overriding anything contained under these Warranty Terms and in any and all events, these Warranty Terms shall only be applicable for all Products sold by Ather.
1. DEFINITIONS
In these Warranty Terms, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:
1.1 “Customer” means the Customer or end user who has purchased the Products for personal and domestic use.
1.2 “Defect” means manufacturing defects which shall not include the exclusions provided in clause 3
1.3 “Product '' means the Carekit sold by Ather or its Authorized Retail Partners.
1.4 “Normal Use” means the usage of a Product in the manner intended for the end user, in accordance with legal regulations and does not include any commercial use or for any entertainment/rallies or test purpose.
1.5 “Warranty Period” shall mean 1 (ONE) year from the date of sale invoice.
2. WARRANTIES
Subject to the conditions and exclusions listed herein, Ather warrants that the Products sold by Ather shall be free from any manufacturing defect in material or workmanship during the Warranty Period.
2.1 Ather’s sole obligation under these Warranty Terms shall be limited to either repairing or at its discretion replacing by itself or through its Retail Partner, which upon examination by Ather, prove to Ather’s satisfaction to have a Defect which is not caused as a result of an exclusion set out under Clause 3 of these Warranty Terms or by any other act of commission or omission of the Customer. Ather may perform such repairs as Ather deems fit, in-order to restore the original functionality of the Products without replacing the defective Products with new Products or parts associated with the same.
2.2 In the event of replacement, Ather reserves the right to select and repair only the defective parts without replacing the entire Product altogether. All parts removed or replaced under this Products Warranty Terms will be returned to Ather and shall be constituted as the property of Ather and the Customer shall have no right therein.
2.3 Warranty for the part(s) associated with Products that have been replaced or repaired shall be effective only for the balance term of the Warranty Period.
2.4 Warranty claim must be accompanied by the sales invoice.
3. EXCLUSIONS
Ather shall not have any obligation under these Warranty Terms in respect of the following:
3.1 Damage or Defects in the Products arising out of or as consequence of:
- vehicular accidents, collisions, or any objects hitting the Products;
- theft or vandalism;
- improper usage (intentional or unintentional) including storage or usage under abnormal conditions such as extreme heat or under water;
- use of Products otherwise than as will be considered Normal Use;
- Any damage or cut in the product that is caused by sharp objects like knife, scissor etc.
- any modifications/ installations made to the Products by any entity other than Ather or its Retail Partner;
- performing illegal activity(ies) using the Products under any applicable laws;
- not being used properly as per instruction manual;
- an act of God or environmental factors, including, but not limited to, earthquake, war, terrorist attack, exposure to sunlight, airborne chemicals, lockouts, strike, riots, frost, tree sap, animal or insect droppings, road debris (including stone chips), industrial fallout, rail dust, salt, hail, floods, wind storms, acid rain, fire, water damage, contamination, lightning, animal or rodent related damages, and other environmental conditions that are outside the operating conditions of the product.
3.2 Normal wear and tear due to usage.
3.3 In the event the Product has been assembled, disassembled, serviced, repaired or modified by any unauthorized third part, in any manner, or using tools not authorized by Ather;
3.4 Any other damage or defect in the Products which is caused by the misuse, fault or improper maintenance;
3.5 Any repair or replacement required as a direct result of unauthorized modifications of Products.
3.6 Glues, rubber and other materials on the Product may fade under UV exposure (Sunlight) over time. Such changes to the Products shall not be considered as a manufacturing defect.
3.7 Any liability of whatsoever nature, death or injury that a customer or third party may incur as a result or defect covered by the warranties terms.
3.8 Damaged and defective Products have been received/accepted by the Customer while purchasing the Product.
3.9 Products used outside the territory of India.
4. OTHER TERMS AND CONDITIONS
4.1 The Customer acknowledges to read and understand these Products Warranty Terms and all the caution warnings associated, at the time of purchase of the Products. Ather or its Retail Partner will not be held liable for any special, indirect, remote, incidental, or consequential damages of any kind including depreciation, loss of life, loss in value of Products, loss of use or income due in full or part directly or indirectly due to non-use of Products.
4.2 Ather shall only bear the costs of material and labour for replacement of Products under the warranty terms. Any additional costs including, without limitation, transportation costs will not be covered under these Products Warranty Terms and shall be the sole responsibility and risk of the Customer.
4.3 THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE IN CONNECTION WITH THE SALE OF THE PRODUCTS BY ATHER. ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED IN DURATION TO THE STATED PERIOD OF THIS WRITTEN WARRANTY.
4.4 The Customer submits to the exclusive jurisdiction of the courts at Bangalore.
5. Warranty Claim Process:
5.1 Customer to raise Warranty claim with Ather or Its Retail Partner from whom the Products was purchased.
5.2 Customer must ensure the following while claiming the warranty:
- Submit clean Product(s) for inspection along with original sale Invoice.
- Describe the Defect as per the prescribed format available.
5.3 On inspection, (a) if a claim is found valid as per the warranty terms defined herein, Ather will repair or replace the Products at its discretion; (b) If the claim is found invalid, the same shall be intimated to the customer.
6. No Exchange No Return
Sale of all Products are final. Customers are not entitled to either return or exchange the Products, once the sales invoice is generated.
