Terms And Conditions

 

"PRODUCT HEALTH CARE PLAN" Terms and Conditions

 

This Product Health Care Plan Contract (“Contract”) is entered between A.O. Smith India Water Products Private Limited (“A. O. Smith/Company”) and the customer specified in the Product Health Care Plan Contract attached hereto (“Customer/You”) in connection with maintenance of the products specified in the Product Health Care Plan (“Products”) installed at the address of the Customer. As per the terms and conditions of this Contract, A. O. Smith shall provide replacement of functional parts, consumables and periodical services to the Product as applicable, subject to terms and conditions mentioned here in after.

PHCP Plans & Coverage details:

PHCP coverage begins upon completion of the warranty period, or upon the date of signing the product health care plan, whichever is later.

  1. The product must be in good working condition before the contract becomes effective and the same shall be certified by the A. O. Smith Service Representative/Provider. If the product is not in working condition, the customer shall first pay the necessary charges to get the product in working condition.
  2. All payments are to be made in advance at the time of purchasing the Product Health Care Plan (PHCP Contract).
  3. PHCP Contract charges are advance payable through Credit/Debit card/Cash/Cheque/DD in favour of the AO Smith India Water Products Pvt Ltd post customer signing contract terms & conditions digitally. Contract validity is based on chosen tenure & post realization of payment.
  4. Product Health Check Visits (PHCV) may be performed specified times during the term of the contract. Number of PHCV are based on type of contract customer availed. A. O. Smith will use reasonable efforts to provide the PHCV services at customer’s residence as per scheduled plan. However, the customer shall also be responsible for informing A. O. Smith of any pending/upcoming PHCV as per scheduled plan to avail the services. In case any PHCV is missed out by A. O. Smith and customer fails to intimate A. O. Smith when PHCV is due and/or has lapsed by 15 days from scheduled plan, PHCV for that period shall get cancelled. Customer will not be entitled to avail that particular PHCV after its lapse or claim any loss incurred by the customer due to the lapse of the PHCV. The contract is applicable for the following services and replacement of spares/components mentioned in the table above.
  5. The product should be made available at mutually agreed time for servicing as and when our Authorized Service Representative/Provider calls on for scheduled PHCV, failure to do so will be treated as a service rendered or cancelled.
  6. In the event of any breakdown of product notified by customer during the contract period, service visit will be free of charge as per applicable contract type. In case of breakdown of the product after the term of this contract, the customer will be charged for the service/repair of the product as per prevailing rates of A. O. Smith.
  7. Where any part/component of the product is replaced during contract period due to failure of such part/component, A. O. Smith shall be entitled to take such failed part/component for further inspection.
  8. A.O. Smith reserves the right to replace filter/s based on findings during PHCV/service calls, and the free replacements of same will be based on the terms of plan selected by customer.
  9. A.O. Smith works for continuous improvement of their products, parts, filters or any other components. Customer shall not object if the same is being replaced with compatible parts or component by A. O. Smith representative.
  10. Service under this contract excludes plastic parts, non electrical parts, painting of the body, aesthetical parts, panels and other styling decorative materials.
  11. PHCP Contract shall not be applicable in case the product is used for commercial purpose.
  12.  In case the customer wants to cancel the contract before completion of the contract period, A. O. Smith shall not be liable to refund of the charges for remaining tenure of contract.
  13.  Renewal of the contract after its expiry will be at the sole discretion of A. O. Smith. Such renewal may be subject to revised terms and conditions including revised PHCP Contract charges. Customer will not be entitled for any charges/claims for non-renewal of the contract.
  14. The contract shall not cover visits/replacement of parts under the following circumstances:
    1. Damage caused to the product due to floods, fire, accident, riot, breakage, pest, misuse, improper or negligent use, tampering, and leakage from pipes etc.
    2. Damage caused to the product due to failure to observe the operating instructions and precautions as mentioned in user’s manual.
    3. Defects occurred due to usage of local or non-recommended spares and consumables.
    4. Visits for customers re-training or for Demounting/re-installation at a different location.
    5.  Defects or failures resulting from servicing or repair done by persons other than the Authorized Service Representative of A. O. Smith.
    6. Failure or damage due to plumbing or other arrangement like usage of pressure pump, extension power supply board, non compatible power socket etc. connected to product. With regard to repairing the existing worn-out/defective part(s) or replacing the same and presence of above circumstances, the decision of A. O. Smith shall be final. In any such event, A. O. Smith will submit a prior estimate for approval or bill for the work to be carried out at the rate prevailing at that time.
    7. Non-Product related issues eg: Electrical, Plumbing, No water available from source etc.
  1.  Due to non-availability of spares or inability of the company to provide service, the company may at its own discretion terminate the contract after refunding to the customer, the PHCP Contract charges on pro rata basis, limited to remaining period of contract.
  2.  This contract sets out all the terms and conditions on which company agrees to service the product and cancels and supersedes all prior agreements, undertakings or arrangement oral or written between the parties on the subject matter.
  3.  In carrying out its obligations, A. O. Smith may in its discretion and solely for the purpose of monitoring the quality of A. O. Smith’s response record some or all of the calls between you and A. O. Smith.
  1.  No modification or variation of this contract shall be binding unless it is made in writing and signed by the contracting parties.
  2.  Neither party shall be liable for the non-performance of its obligations under this agreement where such failure is due to force majeure,  i.e., due or attributable to any act of god, orders, restrictions or regulation of government, central or state, war working conditions, hostilities, riots, civil commotion, strike, lockout, labour trouble, explosion, or any other cause or circumstance of whatsoever nature beyond control of either party
  3. In case product needs an up gradation due to reason not under control of A. O. Smith, customer shall accept the up gradation at prevailing rates.
  4. Breakdown of product on account of unauthorized attendance/abnormal usage, misuse, failure of product due to voltage fluctuations, abnormal voltage, defects in your electrical installation abnormal usages or misuse is not covered by this contract. Tampering with or repair of the product at any time and under any circumstance whatsoever by anyone with the exception of our authorized representative will render the contract null and void, without prejudice to A. O. Smith’s other rights. All failures resulting from the above will be rectified on additional chargeable basis.
  5.  The customer is neither entitled for refund nor assign/transfer this contract in favour of any party, friend or relative.
  6.  You agree that any information or data disclosed to A. O. Smith under this PHCP Contract is not confidential or proprietary to you. You agree that A. O. Smith may collect and process data on your behalf when it provides service.
  7. PHCP Contract is offered within company service network coverage only. In case of customer moves to a non coverage area, customer needs to bring the product to nearby services network location, company shall not be responsible for providing services to non service network area. Service network information can be checked on our website, http://www.aosmithindia.com
  8.  Every visit by company Authorized Service Representative/Provider will be made within reasonable time from receipt of service request and delivery can be expected only during working hours and days of the company. No services will be provided during national/state public holidays, political and regional regulation.
  9. Company‘s liability under this contract is to provide services and replacement of necessary parts as covered under this contract. Company will not be liable for damages, death, injuries, health or any consequential damages of whatsoever nature to any person or property by use or operation of the product. Maximum liability (direct and indirect) of the company under this contract will be limited to the amount paid by the customer for availing PHCP Contract.
  10. The validity construction and performance of this contract shall be governed by the laws of India and the parties hereby submit to the exclusive jurisdiction of the courts of competent jurisdiction at Bengaluru, Karnataka.

LIMITATION DISCLAIMER

To the maximum extent permitted by applicable law, A. O. Smith and its employees and agents will under no circumstances be liable to you or any subsequent owner for any indirect or consequential damages, including but not limited to the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from A. O. Smith’s obligations under this PHCP contract. To the maximum extent permitted by applicable law, the limit of A. O. Smith and its employees and agent’s liability to you and any subsequent owner arising under the PHCP contract shall not exceed the original price paid for the plan. A. O. Smith specifically does not warrant that

  1. It will maintain the confidentiality of data, or
  2. That the operation of the product will be uninterrupted or error-free.

For consumers in jurisdictions who have the benefit of consumer protection laws or regulations, the benefits conferred by this plan are in addition to all rights and remedies provided under such laws and regulations. To the extent that liability under such laws and regulations may be limited,

A. O. Smith’s liability is limited, at its sole option, to replace or repair of the covered equipment or supply of the service. Nothing in this plan shall prejudice consumer rights granted by applicable mandatory laws, including consumer’s right to the remedies under statutory warranty law and to seek damages in the event of total or partial non-performance or inadequate performance by A. O. Smith of any of its contractual obligations.