How consumer law relates to this annual maintenance contract (AMC)
This AMC gives you specific legal rights, and you may have other rights that vary from province to province. Other than as permitted by law, we does not exclude, limit or suspend other rights you may have, including those that may arise from the nonconformity of annual maintenance contract(AMC). For a full understanding of your rights you should consult the laws of your province.
Annual maintenance contract (AMC) limitations subject to consumer law
Applicable to all of India except Jammu and Kashmir and any other notified area by the govt of India: to the extent permitted by law, this AMC and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. We disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. We restrict our services to the extent of the repair of the product from our service centers and in case the product is un-repairable in terms of damage, the products AMC can be activated, for which the purchaser of our plan is giving unconditional consent.
What is covered by this annual maintenance contract (AMC)?
The defects in materials and workmanship when used normally in accordance with manufacture published guidelines for a period of one (1) year from the date of original retail purchase by the end-user purchaser ("AMC period").
What is not covered by this annual maintenance contract (AMC)?
This annual maintenance contract does not apply to any non- branded hardware products or any software, even if packaged or sold with brand hardware. Manufacturers, suppliers, or publishers, which may provide their own warranties to you – please contact them for further information. Software distributed by any brand with or without the brand (including, but not limited to system software) is not covered by this AMC. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. We are not responsible for damage arising from failure to follow instructions relating to the specific product’s use.
This AMC does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the product’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the product outside the published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of brand or an authorized service provider (“aasp”); (g) to a product that has been modified to alter functionality or capability without the written permission of manufacturer ; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the product, (i) if any serial number has been removed or defaced from the product; or (j) if we receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the product, and you cannot prove in any way that you are the authorized user of the product (e.g. By presenting proof of purchase).
You should make periodic backup copies of the information contained on the product storage media to protect the contents and as a precaution against possible operational failures.
Before receiving our service, we and our agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow our procedures for obtaining our service. Before submitting your product for AMC service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
During AMC service it is possible the contents of the storage media will be lost, replaced or reformatted. We and our agents are not responsible for any loss of software programs, data or other information contained on the storage media or any other part of the product serviced.
Following AMC service your product or a replacement device, if any, will be returned to you as your product was configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this AMC.
Important: do not open the product. Opening the product may cause damage that is not covered by this AMC.
What we will do in the event the AMC is breached?
If during the AMC period you submit a claim to product in accordance with this AMC, product will, at its option:
(i) repair the product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the product for a refund of market price.
Product may request that you replace certain user-installable parts or product products. A replacement part or product, including a user-installable part that has been installed in accordance with instructions provided by product, assumes the remaining term of the AMC or ninety (30) days from the date of replacement or repair, whichever is less. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes our property.
How to obtain AMC service?
Login to your account and put all your details of the product covered under the AMC, put the details of the problem that is being faced by you. We will revert back to you and guide you to place your product to our service station and the process of maintenance cum repair shall start their subject to your providing all the details and other documents including the original invoice and the guarantee/warrantee given by the manufacturer, if applicable.
You Limitation of liability Except as provided in this AMC and to the maximum extent permitted by law, product is not responsible for direct, special, incidental or consequential damages resulting from any breach of AMC or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored in or used with the product or any failure to maintain the confidentiality of information stored on the product.
The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. Product disclaims any representation that it will be able to repair any product under this AMC or replace the product without risk to or loss of information stored in the product.
No product reseller, agent, or employee is authorized to make any modification, extension, or addition to this AMC. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This AMC is governed by and construed under the laws of the applicable law of india.