Terms And Conditions
Exchange Offer Terms and Conditions
AO Smith India Water Products Private Limited (Company or us) is pleased to offer an exchange offer to you our customers (you), if you wish to exchange your old water purifiers (Old Water Purifier) when purchasing a brand new AO Smith 100% RO + SCMT water purifier (New Product).
The following terms and conditions govern this exchange offer. Please read the following terms and conditions very carefully as these terms and conditions are a legal agreement between you and us.
- You will be entitled to the benefits under this offer only if you choose to purchase a New Product at the time you exchange your Old Water Purifier and if the other terms and conditions set out below are met.
- This exchange offer is available only in cities where the Company has launched its water purifier.
- While stocks last, you will be entitled to receive a discount of Rs 3,000 on the value of the New Product your purchase, when you exchange your Old Water Purifier at the time of such Purchaser. This discount provided at the time of purchase will be revoked if you fail to give the Company your Old Water Purifier at the time scheduled for pick up of the old water purifier.
- In addition, our Company will support an eco friendly disposal of your Old Water Purifier, at no additional cost to you, and using our Company’s eco-friendly disposal program. Our Company’s eco friendly disposal program makes it easy for you to help protect the environment and the disposal of your Old Water Purifier will be carried out as follows.
- Our Company will make all reasonable commercial efforts to identify, where applicable, licensed and qualified third parties and request them to conduct an eco-friendly disposal of different components of your Od Water Purifier in accordance with environmental laws and guidelines
- Our Company will make all reasonable commercial efforts to confirm that the independent third-parties so engaged have necessary licenses to dispose of waste, where such licenses are required under applicable law. If our Company is unable to identify licensed third parties, our Company will transport the Old Water Purifiers to its facility in Bangalore and dispose the same through independent licensed third parties. In all cases, our Company will not be liable or responsible for the acts or conduct of such independent third parties.
- No term of this exchange offer shall be construed to create any additional obligation or undertaking on the part of our Company other than expressly provided herein and our Company makes no implied warranty or representation regarding any aspect of the exchange offer or the New Product as part of this offer.
- Our Company reserves the right to withdraw this offer at any time and to not accept any Old Water Purifier provided by you as part of the exchange offer, without assigning any reasons and without any prior notice.
- By availing of any discount under the exchange offer and/or submitting your Old Water Purifier for exchange you hereby represent and undertake to the Company as follows.
- You are the owner of the Old Water purifier and have all rights to submit it for the exchange offer and will indemnify and hold our Company harmless from any claims to the contrary by any person;
- You shall allow our Company’s identified collection agent’s personnel to collect and/or remove the Old Water Purifier at the time of delivery or installation of the New Product;
- You authorize our Company to promptly dispose of the Old Water Purifier at such time and in such manner as our Company deems fit and under no circumstances will our Company be obliged to return any Old Water purifier to you or any person claiming through you;
- You will not deliver or proffer and nor shall our Company or any person authorized by our Company collect from you, for disposal or otherwise, any material other than the Old Water Purifier;
- If any material, other than the Old Water Purifier is delivered by you to our Company or any person authorized by our Company, you will indemnify and hold our Company harmless from any claims arising therefrom or connected therewith.
- Our Company or its dealers or any person authorized by them shall not be liable for any loss or damage to the Old Water Purifier or any other material handed over in connection with the exchange offer.
- This exchange offer is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including without limitation, any implied warranties that the collection and disposal of the Old Water purifier will not damage or negatively impact, or in any way mitigate or reduce any impact on the environment or in any way safeguard the environment.
- OUR COMPANY’S MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY RELATED TO THIS OFFER OR THESE TERMS AND CONDITIONS UNDER ALL CAUSES OF ACTION AND THEORIES OF LIABILITY SHALL NOT EXCEED THE VALUE OF THE DISCOUNT PROVIDED TO YOU ON YOUR OLD WATER PURIFIER. IN NO EVENT SHALL OUR COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
- If a provision of these terms and conditions is determined by any court, forum or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- These Terms and Conditions will be governed by and construed in accordance with laws of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka.
- We are committed to promptly address any grievances that you might have in connection with these Terms and Conditions, or our Offer or our use of any Information. To contact our call center please visit: www.aosmithindia.com.
Terms and Conditions
This page contains the Terms and Conditions under which you may use this website owned by A. O. Smith India Water Products Private Limited (the "Website"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Website or services they offer. By using the Website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. All products/services and information displayed on the Website constitute “An invitation for offer”. Your orders for purchase constitute your offer which shall be subject to these Terms and Conditions. A. O. Smith India Water Products Private Limited (the "Company"), the owner of the Websites, may revise these Terms and Conditions at any time by updating this posting. The Company reserves the right to accept or reject your offer. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason.
Use of Material
The contents of the Websites, such as text, graphics, images, logos, button icons, software and other content (the "Material"), are protected under India and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy (permitted or not permitted) you make of any of the Company's Material. You may not sell or modify the Company's Material or reproduce, display, publicly perform, distribute or otherwise use the Company's Material in any way for any public or commercial purpose. The use of the Company's Material on any other website or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.
The Company reserves the right to terminate the accounts of Users who violate the Company's policy on infringement of copyright or other intellectual property rights of others.
The Company and all of its affiliated companies respect the intellectual property of others, and we expect our users to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of the Website, you agree not to use the Websites to infringe the intellectual property rights of others in any way. The Company will assist the respective owners of the various intellectual property in order that they may protect their rights to the fullest extent of both domestic and international law. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to any user.
Acceptable Site Use
The Website may be used only for lawful purposes by individuals seeking to find out more information or purchase the various products offered on the Website.
Prohibited Uses of the Websites
Users may not use or reference the Company's Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful.
Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Furthermore, users of the Website are prohibited from the following:
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Websites.
- Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars and intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Company on the Website as well as generally available third-party Web browsers, such as Internet Explorer and Google Chrome.
- Attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Websites.
- Aggregating, copying or duplicating in any manner any of the materials or information available from the Websites.
- Framing of or linking to any of the materials or information available from the Website unless authorized to do so.
- Providing false information of any kind.
The Company reserves the right to terminate the accounts of Users found to be engaging in any of these prohibited uses.
Terms of Sale of the Products
The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
All prices, unless indicated otherwise are in Indian Rupees (INR). You shall be responsible for payment of all fees/costs/charges associated with the purchase of our products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
All prices and availability of products are subject to change without prior notice at the sole discretion of the Company.
The Company reserves the right to suspend/cancel or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Website without prior notice.
In a credit card transaction, you must use your own credit card. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. The Company shall not be held liable in any manner for any kind of fraud.
The Company shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving the Customer.
Users are advised to check the serviceability and/or the availability of the Product with the area pin code before placing any order with the Company.
On receipt of a request for the product, the Company shall arrange to dispatch the product within the stipulated period. The stipulated period of delivery would be 7 days. Any request for cancellation for orders once duly placed on the website will not be entertained.
All the Users buying the Products from the Website shall ensure the mobile number (s), email address and the delivery address provided by them at the time of sale of the Product are true, accurate and in use at the time of the online transaction. In the event that a non delivery occurs on account of a mistake by you (i.e. wrong address or name) any extra cost incurred by the Company for redelivery shall be claimed from the User placing the order.
The Company shall not be held liable for any delay in the delivery of the goods purchased on the Website due to flood, fire, wars, hostilities, riots, act of God, governmental (Central or State) actions or restrictions or orders, civil commotion, strike, lockout, labour trouble, explosion, any other force majeure circumstances or any cause that is beyond the reasonable control of the Company, and shall not be liable to pay any monetary compensation or otherwise for the same.
The images of the products shown are for visual representation only and may vary from the actual product. If the product offered by the Company is not as described your sole remedy is to return it in unused condition with 7 days of delivery.
Product warranty shall be regulated by the terms and conditions mentioned on the warranty card and the User Manual (available in the Website also) of respective products.
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.
- All payments are to be made in advance at the time of purchasing the Product Health Care Plan (PHCP Contract).
- PHCP Contract charges are payable by Credit/Debit card/Cash/Cheque/DD in favour of the company in advance and be accompanied by signing of this contract by the customer. Contract shall become effective only on realization of payment if the payment is made by Cheque/DD. This contract shall be valid for one year or two years from the date of signing for respective 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.
- 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.
- 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 (mentioned in PHCP Contract terms and conditions). 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.
- 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.
- A. O. Smith reserves the right to replace filter/s based on findings during PHCV/service calls, and limits the free replacement of same to a maximum of one time.
- 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.
- Service under this contract excludes plastic parts, non electrical parts, painting of the body, aesthetical parts, panels and other styling decorative materials.
- PHCP Contract shall not be applicable in case the product is used for commercial purpose.
- 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.
- 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.
- The contract shall not cover visits/replacement of parts under the following circumstances:
a. Damage caused to the product due to floods, fire, accident, riot, breakage, pest, misuse, improper or negligent use, tampering, leakage from pipes etc.
b. Damage caused to the product due to failure to observe the operating instructions and precautions as mentioned in user’s manual.
c. Defects occurred due to usage of local or non-recommended spares and consumables.
d. Visits for customers re-training or for re-installation at a different location.
e. Defects or failures resulting from servicing or repair done by persons other than the Authorized Service Representative of A. O. Smith.
f. 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.
g. Failure reported in product due to external factores i.e. electricity, Plumbing or otherweise were product faliure is not linked or impacted.
- 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.
- 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.
- In carring out its obligations, A. O. Smith may in its discretion and solely for the purpose of monitering the quality of A. O. Smith’s response record some or all of the calls between you and A. O. Smith.
- No modification or variation of this contract shall be binding unless it is made in writing and signed by the contracting parties.
- 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.
- In case product needs an upgradation due to reason not under control of A. O. Smith, customer shall accept the upgradation at prevailing rates.
- 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 anytime 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.
- The customer is neither entitled for refund nor assign/transfer this contract in favour of any party or relative.
- You agree that any information or data disclosed to A. O. Smith under this PHCP Contract is not confidential or proprietory to you. You agree that A. O. Smith may collect and process data on your behalf when it provides service.
- 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
- 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.
- 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.
- 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.
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
(i) It will maintain the confidentiality of data, or
(ii) 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.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies (such as terminating use and/or license to use any of the programs) upon any breach by a User of these Terms and Conditions or if the Company is unable to verify or authenticate any information a User submits to the Websites.
User Information (Privacy Statement)
When you contact the Company, you may be asked to provide the Company with certain information including, without limitation, a valid e-mail address (your "Information"). Please review the privacy policies(http://www.aosmithindia.com/privacy-policy) found on the Website to understand how the Company uses your information.
In carring out its obligations, the Company may in its discretion and solely for the purpose of monitering the quality of Company’s response record some or all of the calls between you and the Company.
The Company's Liability
While the Company attempts to maintain the accuracy of the Website, the material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
The Company does not render legal or financial advice. The Company specifically disclaims any liability, loss or risk Incurred directly or indirectly by the use of the Website and services.
Even though the Company monitors its Website and servers to ensure that they are operating error-free and are free of computer viruses or other harmful mechanisms, the Company does not warrant that the Websites will at all times operate without error. If your use of the Websites or Materials results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
The Company keeps its information as current as possible, but due to the nature of the Internet, it cannot guarantee that all URLs are currently working.
The Website and Materials are provided on an as-is basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness or timeliness of the Materials and services.
Notwithstanding anything contained to the contrary in these Terms and Conditions, to the maximum extent permitted by applicable law, the Company 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 the Company’s obligations under these Terms and Conditions. To the maximum extent permitted by applicable law, the limit of Company and its employees and agent’s liability to you and any subsequent owner arising under the Terms and Conditions shall not exceed the original price paid by the User. The Company specifically does not warrant that
(i) It will maintain the confidentiality of data, or
(ii) That the operation of the product will be uninterrupted or error-free.
Disclaimer of Consequential Damages
In no event shall the Company, its suppliers or any third parties mentioned on the Websites be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damage resulting from lost data or business interruption) resulting from the use or inability to use the Websites and Materials, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Links to Other Sites
The Websites may contain links to third-party websites. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees resulting from your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Reserved Right of Refusal
The Company, in its sole discretion, reserves the right to refuse fulfillment of your order, or refuse you any involvement with A. O. Smith India Water Products Limited services, or to delete your assigned user name and password if you breach any of the terms of this agreement.
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
Modifications to Agreement
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that the Company may:
(1) revise the terms and conditions of this Agreement; and/or
(2) change part of the services provided under this Agreement at any time.
Any such revision or change will be binding and effective immediately after posting of the revised Agreement or change to the service(s) on the Company's Websites. You agree to periodically review our Websites, including the current version of this Agreement available on our Websites, to be aware of any such revisions. By continuing to use the Company's services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes. The Company is not bound by nor should you rely on any representation by information posted on our Websites of a general informational nature. No employee, contractor, agent or representative of the Company is authorized to alter or amend the terms and conditions of this Agreement.