Ather 450 - Seat Cover

SEAT COVER WARRANTY TERMS & CONDITIONS 

Ather Energy Limited (formerly known as 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 Seat Cover 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 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: 

(a) vehicular accidents, collisions, or any objects hitting the Products; 

(b)theft or vandalism; 

improper usage (intentional or unintentional) including storage or usage under abnormal conditions  such as extreme heat or under water putting Product in rain, usage of sharp tools etc; (c) use of Products otherwise than as will be considered Normal Use; 

(d)use of or contact with harmful chemicals or exposure to sources of intense heat; (e) any modifications/ installations made to the Products by any entity other than Ather or its Retail  Partner; 

(f) performing illegal activity(ies) using the Products under any applicable laws; (g)not being used properly as per instruction manual; 

(h)damages done via rat bites, animal bites or similar 

(i) 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; 

3.2. Normal wear and tear due to usage, cracks on parts, scratches and other physical damages; 

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 has been received/accepted by the Customer while purchasing the  Product.  

3.9.Products used outside the territory of India. 

4. WARRANTY CLAIM PROCESS: 

4.1 Customer to raise Warranty claim with Ather or its 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. EXCHANGE: 

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 under  following circumstances: 

● Manufacturing related defect 

● Fitment related defect 

● Shipping related defect 

● Wrong delivery (with respect to design or colour)** 

(** Images you see on the website may vary from original product delivered) 

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. sale 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. REFUND 

Sale of all Products are final. Ather shall only refund the amount at its sole discretion in case the  exchange is not available in stock and any alternative options offered by Ather are rejected by the  Customer. Ather will endeavour to process a refund of the amount within fifteen (15) working days  from the date of acceptance of refund to the customer. 

7. OTHER TERMS AND CONDITIONS 

7.1 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 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. 

7.2 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. 

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

7.4 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. 

7.5 The Customer submits to the exclusive jurisdiction of the courts at Bangalore. 7.6 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. 

7.7 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 this Warranty Policy. 

7.8 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.