Ather Scooter Cover

Ather Energy  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 (as defined hereinafter) 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. “Authorised Retail Partner” means retail partners that have been authorised in writing by Ather to sell the Product. 

2. “Customer” means the Customer or end user who has purchased the Product for personal and domestic use.

3. “Defect” means manufacturing defects which shall not include the exclusions provided in clause 3

4. “Normal Use” means the usage of the 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.

5. “Product '' means the Scooter Cover sold by Ather or its Authorized Retail Partners.

6. “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 Product sold by Ather shall be free from any manufacturing defect in material or workmanship during the Warranty Period.

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 Authorised Retail Partner, only those Products 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. 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. 

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.

4. Warranty claim must be accompanied by the original 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:

1. vehicular accidents, collisions, or any objects hitting the Product;

2. theft or vandalism;

3. Improper usage or handling (intentional or unintentional) including storage or usage under abnormal conditions such as extreme heat or under water, usage of sharp tools etc;

4. Use of Products otherwise than as will be considered Normal Use;

5. Use of or contact with harmful chemicals, abrasive substances or exposure to sources of intense heat; 

6. Any damage or cut in the product that is caused by sharp objects like knife, scissor etc. 

7.  Damage caused by forceful pulling, incorrect installation, or improper removal;

8.  Performing illegal activity(ies) using the Products under any applicable laws;

9. Not being used properly as per instruction manual;

10. Physical damage due to normal wear and tear including but not limited to scratches; 

11. 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. Damages resulting from misuse, improper handling, or incorrect installation; 

3.3.  In the event the Product has been altered, serviced, repaired or modified by any unauthorized third party, 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 and the same is being used.

3.9. Products used outside the territory of India.

4. Warranty Claim Process

4.1. Customer to raise Warranty claim with Ather or its Authorised Retail Partner from whom the Product was purchased. In case of online purchase, Customer to connect with Ather Customer Care.

4.2. Customer must ensure the following while claiming the warranty:

     i. Submit a clean Product for inspection along with sale Invoice.
     ii. Describe the Defect.

4.3. 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.

5. Exchanges

5.1 Exchange is available only for unused purchased Products. Products which are exchanged once cannot be exchanged again under any circumstances. Exchange shall be permitted only in the following conditions:

• Manufacturing related defect
• Fitment related defect
• Shipping related defect
• Wrong delivery (with respect to design or colour)**

Under no circumstances, apart from above conditions, exchange will be permitted.

5.2 In case Product received is physically damaged, exchange can only be sought within a period of 7 days from the date of delivery of the Product. The request is to be raised with Customer Care via email to customercare@atherenergy.com. No exchange shall be permitted after a period of 7 days from the date of delivery of the Product. Customers shall accompany exchange requests with the tax invoice, pictures and/or video of the Product to show that the Product is unused and/or damaged. Any request raised by the Customer shall be rejected in case the request is not accompanied with the proof of purchase i.e. tax invoice.

5.3 After the Customer submits their request for exchange of the Product, Ather shall conduct an initial evaluation of the submitted request within 7 working days. After completion of the initial evaluation, Ather may seek additional details (such as pictures, videos and/ or other relevant information) from the Customer. In case Ather does not receive additional information for a period of more than 7 working days, Ather may reject the exchange request of the Customer.

5.4 Once the initial evaluation is completed, Ather at its own discretion may either request for the Product for further evaluation or cancel the request there itself. Ather shall at its own cost, arrange pickup of the Product for physical evaluation or otherwise. Customer shall ensure that the Product must be returned either in its original packaging or in equally protective packaging to the address specified by Customer Care alongwith all other manual, receipts received with the Product. Customer shall be solely responsible for any damage caused to the Product due to improper packaging during transportation and in such scenario exchange request will be rejected.

5.5 Ather shall within 7 working days from the date of receipt of full information or product, try to complete the evaluation. After the complete evaluation of the exchange request of the Customer, Customer will be informed of the decision. The decision taken by Ather shall be final and binding upon Customer. Ather has sole discretion to accept or reject any exchange request.

5.6 In case a request for exchange is accepted, Ather shall inform its decision of repairing or exchanging the Product. If the similar product is not available in stock, Ather reserves the right to offer a different product or refund the amount. In case, an exchange request is rejected, and the product was called for evaluation, Ather shall return the Product to the Customer.

6. OTHER TERMS AND CONDITIONS

6.1. The Customer acknowledges to read and understand these Warranty Terms and all the caution warnings associated, at the time of purchase of the Product. Ather or its Authorised 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 Product, loss of use or income due in full or part directly or indirectly due to non-use of Product.

6.2. Ather shall only bear the costs of material and labour for repair or replacement of Product under the Warranty Terms. Any additional costs including, without limitation, transportation costs will not be covered under these Product Warranty Terms and shall be the sole responsibility and risk of the Customer. 

6.3 On expiry of the Warranty Period, all repairing or replacement services to be provided by Ather or through its Authorised Retail Partner shall be chargeable at such rates as may be specified by Ather from time to time.

6.4. 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.

6.5.  The Customer submits to the exclusive jurisdiction of the courts at Bangalore. 

6.6 Ather shall have the right to make changes to the design or functioning of its product from time to time and shall not be under any obligation to provide these changes for products that have been previously sold by it.

6.7 Any statement, condition, representation, description or warranty otherwise contained in any catalogue, advertisement or other publication shall not be construed as enlarging, varying or overriding anything contained under these Warranty Terms.

6.8 Ather reserves the right to update these terms from time to time. Your continued use of the product shall indicate Your acceptance of the revised terms.