TPMS WARRANTY TERMS AND 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.
The limited warranties, warranty period and applicable terms, conditions and exclusions are set out in this TPMS Warranty Terms.
1. DEFINITIONS
In this TPMS 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 individual end customer or user who has bought and installed TPMS in a compatible Ather Vehicle and shall use the same for personal and domestic purposes only. It is expressly clarified that this TPMS Warranty Terms will not cover and apply to any Customer who uses the same for any commercial purpose.
1.2 “TPMS '' means the Tyre Pressure Monitoring System Device sold by Ather or Ather authorised retail partners.
1.3 “Normal Use” means the use of TPMS in the manner intended for a rider, following local regulations of a compatible Ather Vehicle, and does not include use of warranted part(s) for any commercial use or any entertainment or test purpose.
1.4 “Vehicle” as defined in the recitals means the Ather electric two-wheeler model(s). 1.5 “Warranty Period” shall mean one year from the date of invoice of the TPMS .
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 this Warranty Terms in respect of the following: 3.1 Damage or defects to the TPMS arising out of or as a consequence of:
(a) vehicular accidents, collisions, or any objects striking the compatible Ather Vehicle where Product is installed;
(b) theft or vandalism;
(c) 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;
(d) use of Product that is not in accordance with Normal Use;
(e) access to or modification of any technology or software incorporated in the compatible Ather Vehicle or Product
(f) any modifications made to Product by any entity other than Ather or entities authorized by Ather;
(g) Continued usage of the compatible Ather Vehicle with Product installed after a warning notifying the Customer of a mechanical or operational problem in relation to Product (h) performing illegal activity(ies) using the Product under any applicable laws; (i) Customer’s failure to retain and update the software of the Ather Vehicle with Product installed;
(j) lifting the Ather Vehicle with Product installed at the wrong points, or any other damage caused by or while transporting the Ather Vehicle with Product installed or causing any damage to Product by any means;
(k) 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;
(l) use of the Ather Vehicle with Product installed for any purpose other than for ordinary transportation including, but not limited to any motor sports event, racing or off-road riding; (m) incorrect tyre pressure or overloading the Ather Vehicle with Product installed; (n) failure to report any Defect in Product to Ather or its authorised retail partner within a period of 5 (five) days resulting in additional costs or additional damages to Product;
(o) damages done via rat bites, animal bites or similar;
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-party, in any manner, or using parts or 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 TPMS. 3.6 Any other damage or defect to the TPMS due to the atmospheric effect/environmental factors.
3.7 Any other damage or defects to the TPMS on account of improper transportation by the Customer or any third-party.
3.8 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.
3.9 Any liability for any lost time, inconvenience, loss of transportation, or any other indirect, remote, incidental or consequential damages that a Customer or anyone else may incur as a result or defect covered by the warranties under this TPMS Warranty Terms.
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.
4.1 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
- 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 shall be solely responsible to read and understand this Product Warranty Terms and all the product warnings before the Product is installed. Serious injury or death can result from improper operation or failure to observe warnings and safety instructions provided by Ather with respect to the use of Product. Further, the Customer shall be responsible for:
(a) Installing the Vehicle’s software updates on receipt of a notification regarding the availability of an update from Ather within a reasonable time period;
(b) Carrying passengers and cargo within load limits as specified in the User Manual of Ather Vehicle with Product installed; and
(c) Complying with all applicable laws governing the operations of Product;
7.2 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.
