Unicorn

Ather Energy Limited (formerly known as Ather Energy Private Limited) , a company  incorporated under the Companies Act, 2013 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 “Product 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. “Attachment” means the accessories attached to the Product.  

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

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

1.4. “Product” means the Kids Helmet sold by Ather or its Authorized Retail Partners. 

1.5. “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. 

1.6. “Warranty” shall mean the limited assurance against manufacturing defects for  Product. Helmet Accessories/attachments are not covered under warranty. 

1.7 “Warranty Period” shall mean 1 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.  

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. Ather has  sole discretion to repair, replace parts with new, refurbished or reconditioned genuine  parts that have been tested and passed functional requirements. 

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. Ather  reserves the right to select and use suitable/compatible replacement parts at Ather’s sole  discretion. 

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 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: 

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

(b)theft or vandalism; 

(c) improper usage or handling (intentional or unintentional) including storage or usage  under abnormal conditions such as extreme heat, under water, putting Product in rain,  usage of sharp tools, keeping under water, accidental drops, beading coming off due to  usage or contact with water etc; 

(d)use of Products otherwise than as will be considered Normal Use; 

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

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

(i) cracks or scratches on parts due to normal wear and tear; 

(j) damage to interior linings due to contact with water;

(k) damages done via rat bites, animal bites or similar; 

(l) 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; 

(m) lack of maintenance, care and ageing; 

(n)loss of colour, chipping, wearing out of colours, peeling of paint due to usage; high–viz  colors are prone to faster UV degradation because of their nature. 

(o)Scratching and marks on the visor & external parts; 

(p)Helmet Spares (visors, visor fittings, spoilers, cheek padding, peak, and jaw) are not  covered under warranty’ 

3.2. Normal wear and tear due to usage, and other physical damages; 

3.3. In the event the Product has been assembled, disassembled, altered, 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 Product shall not be considered as a  manufacturing defect. 

3.7. Inadequate adjustments of Product as per Customer fitting 

3.8. 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. 

3.9. Damaged and defective Products have been received/accepted by the Customer  while purchasing the Product and the same is being used. 

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: 

a. Product received are physically damaged; 

b. Mismatch in size; 

c. Specifications received are different from product ordered; 

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. 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.