MAINTENANCE, REPAIR, NO WARRANTY, LOSS. You assume all obligations and liability with respect to the possession of the Product, and for its use, condition, and storage during the Plan Term. You will, at Your own expense, maintain the Product in good mechanical condition and running order. You agree to comply with all requirements necessary to enforce all Product warranty rights, and if the Product breaks while under warranty, you agree to cause the warranty issuer to perform the appropriate repairs before sending the Product to UTC DIGITAL TECHNOLOGIES PVT LTD. UTC DIGITAL TECHNOLOGIES PVT LTD will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Product. At all times before receipt of the Product by UTC DIGITAL TECHNOLOGIES PVT LTD, the risk of loss of the Product shall be on You. The risk of loss shall pass to UTC DIGITAL TECHNOLOGIES PVT LTD upon receipt of the Product by UTC DIGITAL TECHNOLOGIES PVT LTD. If a material loss occurs to the Product during the Plan Term, but before receipt of the Product by UTC DIGITAL TECHNOLOGIES PVT LTD, your rights under this Agreement will automatically terminate without notice.
8. ACCEPTANCE TESTING. If You exercise the Plan in accordance with the terms of this Agreement, UTC DIGITAL TECHNOLOGIES in its sole discretion or the discretion of any of its agents reserves the right to do relevant deductions if any of the following conditions are not met: PLEASE NOTE that UTC DIGITAL TECHNOLOGIES will not make a claim on any warranty plan on Your behalf. You must make any warranty claim before sending the Product to UTC.
a) GOOD. The Product is fully functional, with normal visible wear and tear. The Product must be returned with all components, remote controller, original software, and all other accessories that were originally shipped with the Product. If THE UTC DIGITAL TECHNOLOGIES PVT LTD grades the Product as Good, no adjustment will be made to the Buyback Amount.
b) POOR. The Product has one or more of the following issues: 1. The Product has sustained minor functional damage or product failure that can be easily repaired; 2. One or more of the Product’s minor components, peripherals, or accessories is missing or damaged but can be easily repaired or replaced; 3. The Product has more than normal visible wear and tear, including, but not limited to, cracks, dents, scratches, dirt,, and user-added stickers. If THE UTC DIGITAL TECHNOLOGIES PVT LTD grades the Product as Poor, the Buyback Amount will be adjusted down by 50%.
c)The Used Product along with all accessories, wherever applicable, under the Offer is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any agreement of sale etc.
d)
Remote Category
|
Price
|
AC Remote
|
400/-
|
Normal TV Remote
|
400/-
|
Smart Remote
|
1500/-
|
The price mentioned in the aforementioned table will be deducted if the Customer doesn’t submit the working Remote to Digi2L when opting for ABB Redemption. The deductions will only be made from the Guaranteed Buyback Price which is to be offered to the customer based on the Terms and Conditions.
e)
PRODUCT |
Product category |
Definition of wear and tear |
Air Conditioner |
Split |
- Powering ON
- IDU & ODU Working
- Remote working (If remote is unavailable cost of the remote will be deducted from Final Payable Amount)
- Perfectly Cooling
|
Window |
- Powering ON
- IDU Working
- Remote working (If remote is unavailable cost of the remote will be deducted from Final Payable Amount)
- Perfectly Cooling
|
Portable |
- Powering ON
- IDU Working
- Remote working (If remote is unavailable cost of the remote will be deducted from Final Payable Amount)
- Perfectly Cooling
|
Tower |
- Powering ON
- IDU Working
- Remote working (If remote is unavailable cost of the remote will be deducted from Final Payable Amount)
- Perfectly Cooling
|
Refrigerator |
Single Door |
- Powering ON
- All ref functions working
- Perfectly cooling
- Perfectly Cooling
- No rust/dent
- All racks, bottle guards, vegetable box etc available
|
Double Door |
- Powering ON
- All ref functions working
- Perfectly cooling
- Perfectly Cooling
- No rust/dent
- All racks, bottle guards, vegetable box etc available
|
Triple Door |
- Powering ON
- All ref functions working
- Perfectly cooling
- Perfectly Cooling
- No rust/dent
- All racks, bottle guards, vegetable box etc available
|
Bottom Mounted |
- Powering ON
- All ref functions working
- Perfectly cooling
- Perfectly Cooling
- No rust/dent
- All racks, bottle guards, vegetable box etc available
|
Side By Side |
- Powering ON
- All ref functions working
- Perfectly cooling
- Perfectly Cooling
- No rust/dent
- All racks, bottle guards, vegetable box etc available
|
Television |
LED SMART TV |
- Power ON-Working
- No Lines Or Patches Or No Flickering
- Remote Available & Working
- Power Cord Available
- Wi-Fi & Bluetooth Functionality Working
- All Ports Working
|
QLED |
- Power ON-Working
- No Lines Or Patches Or No Flickering
- Remote Available & Working
- Power Cord Available
- Wi-Fi & Bluetooth Functionality Working
- All Ports Working
|
OLED |
- Power ON-Working
- No Lines Or Patches Or No Flickering
- Remote Available & Working
- Power Cord Available
- Wi-Fi & Bluetooth Functionality Working
- All Ports Working
|
Washing Machine |
Semi Automatic |
- Powering ON
- All wash, rinse spin and drain functions are working
- All buttons on control panel are working
- No rust and minor dent
|
Fully Automatic Topload |
- Powering ON
- All wash, rinse spin and drain functions are working
- All buttons on control panel are working
- No rust and minor dent
|
Fully Automatic Frontload |
- Powering ON
- All wash, rinse spin and drain functions are working
- All buttons on control panel are working
- No rust and minor dent
|
Dryers |
- Powering ON
- All wash, rinse spin and drain functions are working
- All buttons on control panel are working
- No rust and minor dent
|
Wherever applicable, the details of the Used Product, including its condition, are as stated at the time of availing the Offer. In case of a false declaration about the condition of the product, the difference amount shall be payable immediately.
Eg: if the customer is supposed to receive 50% of the Invoice Price (after Quality Check) for its Normal TV and is not able to submit the working remote the price offered will be as follows: 50% of invoice – 400/-
9. REJECTED PRODUCT. If the Product is considered to be a Rejected Product, the Plan will be terminated with no refund of Your Service Fee or payment of the Buyback Amount, and you will be notified at your site at the time of inspection and you will receive an e-mail notification regarding the same.
10. OTHER TERMS AND CONDITIONS.
- PRODUCT PURCHASED CONCURENTLY OR PREVIOUSLY. You warrant that You are the legal and beneficial owner of the Product as of the Effective Date of this Agreement. You further warrant that You have purchased the Product previously or concurrently with this Plan, and agree that the terms of this Agreement cover only the Product and NOT any similar or alternative Product except as specified in Paragraph 10(i). UTC DIGITAL TECHNOLOGIES PVT LTD reserves the right to terminate the Plan for individuals who have not purchased the Product before entering into this Agreement.
- PURCHASER RECORDS. You may be asked to provide information from either your sales receipt or the Materials, if applicable, as a condition for receiving service under the Plan. YOUR ORIGINAL SALES INVOICE AND MATERIALS, IF APPLICABLE, SHOULD BE KEPT WITH THIS AGREEMENT IN A SAFE PLACE.
- TECHNICAL SPECIFICATIONS. For the Buyback Amount to be valid and effective, the actual technical specifications of the Product must match the technical specifications, including the serial number (“Technical Specifications”) of the Product you purchased for this Plan, except as specified in 10(i). In cases where the actual specifications of the Product You return to THE UTC DIGITAL TECHNOLOGIES PVT LTD do not match the specifications of the Product covered by the Plan, we may ask you to provide an original sales receipt, and if the sales receipt cannot be produced or does not match with the Product in question, the Product will be considered a Rejected Product, as provided in Paragraph 9.
- USER DATA, MEMORY, AND CONFIDENTIAL INFORMATION. You hereby agree to remove all personal, confidential, trade secret, and/or proprietary information from the Product before returning the Product to UTC DIGITAL TECHNOLOGIES PVT LTD. By exercising the Plan, you further agree to hold THE UTC DIGITAL TECHNOLOGIES PVT LTD and its agents, distributors, and re-sellers harmless for any dissemination of such information through the resale of the Product.
- LIMITATION ON PLAN ELIGIBILITY. Only products used on a domestic/residential premise are eligible to be covered under the buyback guarantee. A Plan will be considered Active at all times between its Effective Date and the last day of its Late Fee Period or until the Plan is exercised.
- NO SUPPLY OR SELECTION BY UTC DIGITAL TECHNOLOGIES PVT LTD. You acknowledge that THE UTC DIGITAL TECHNOLOGIES PVT LTD did not select, manufacture or supply any Products to You and that You have made the selection of the Product based upon Your own judgment and expressly disclaim any possible reliance upon any statements made by UTC DIGITAL TECHNOLOGIES PVT LTD or its agents, other than the terms of this Agreement
- INTELLECTUAL PROPERTY. UTC DIGITAL TECHNOLOGIES PVT LTD’s pricing methodology and the information contained on its website is trade secret, proprietary and any attempt to improperly obtain that information will cause the Plan to be terminated at UTC DIGITAL TECHNOLOGIES PVT LTD’s sole discretion and may subject You to monetary damages and civil liability. Any unauthorized use of THE UTC DIGITAL TECHNOLOGIES PVT LTD website, including but not limited to, data mining, scraping, spidering, robot ting, using automated means to access UTC DIGITAL TECHNOLOGIES PVT LTD’s website for any purpose, transferring of any viruses, Trojan horses, worms, or any other computer programming routines that may damage, harm, interfere or expropriate any of UTC DIGITAL TECHNOLOGIES PVT LTD’s website systems, programs, content, information or application will cause the Plan to be terminated at UTC DIGITAL TECHNOLOGIES PVT LTD’S discretion, and may subject You to monetary damages and civil liability.
- EXEMPTION FROM EXPIRATION DATE. You may qualify for an exemption from the Expiration Date and/or Late Fee Period if the Product is being repaired or replaced by a warranty provider or through a recall process by a manufacturer during the Expiration Date. To qualify for this exemption, you must complete all of the following:
- Notify UTC DIGITAL TECHNOLOGIES PVT LTD that the Product is being repaired under warranty or has been recalled by its manufacturer, by e-mail at [email protected] or Registered Mail at UTC DIGITAL TECHNOLOGIES PVT LTD Customer Support, or 1800 267 7040, within three (3) days of warranty repair and before the Expiration Date; and
- Include at the time of the return of the Product to UTC DIGITAL TECHNOLOGIES PVT LTD the paperwork on either (I) the warranty returns from the warranty issuer or (II) the recall from the manufacturer, which identifies the date You sent or delivered the Product to the warranty issuer or manufacturer and the date You received the repaired Product from the warranty issuer or manufacturer.
- EXEMPTION FROM TECHNICAL SPECIFICATIONS. You may also qualify for an exemption from the Technical Specification requirements in Paragraph 10(c) if the Product is replaced by a warranty provider or through a recall process by a manufacturer. To qualify for this exemption, you must complete all of the following:
- Notify UTC DIGITAL TECHNOLOGIES PVT LTD by e-mail at [email protected] or 1800 267 7040 of the change in serial numbers within ten (10) days of receiving the replacement Product; and
- Include the original paperwork for the warranty replacement or recall replacement from the warranty issuer/manufacturer from the warranty issuer clearly identifying the old serial number of the Product and the new serial number of the Product with the shipment of the Product to UTC DIGITAL TECHNOLOGIES PVT LTD.
- TRANSFERRABILITY. You may transfer this Plan to an eligible party to whom You sell or give the covered Product while this Plan is in force by notifying UTC DIGITAL TECHNOLOGIES PVT LTD through an interface on UTC DIGITAL TECHNOLOGIES PVT LTD’s website of the email address of the new owner. An additional fee of INR 1000/- to UTC DIGITAL TECHNOLOGIES PVT LTD shall apply when transferring ownership. Ownership can only be transferred to a user on residential/domestic premises.
- BUYBACK AMOUNT CHANGES. Any percentage change in the Buyback Amount shall be a change based on the entire Buyback Amount, exclusive of any other or prior change.
- PLAN ADMINISTRATION. Your rights under these terms and conditions, including, without limitation, the payment of any Buyback Amount, are expressly contingent upon your full compliance with each of the requirements set forth in this Agreement. All eligibility and other matters relating to your purchase or use of this Plan will be determined by UTC DIGITAL TECHNOLOGIES PVT LTD, in its sole discretion, and each such determination will be binding on you.
11. MISCELLANEOUS
- GOVERNING LAW. AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE IN AND SHALL BE CONSTRUED PURSUANT TO, THE LAWS OF MUMBAI CITY.
- INTERPRETATION. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid or unenforceable to any extent under MUMBAI CITY law, and the extent of such invalidity or unenforceability does not destroy the basis for the bargain between the parties as expressed herein, then
(i) such provision shall be deemed severed from this Agreement with respect to such circumstance, without invalidating the remainder of this Agreement or the application of the such provision to other circumstances, and (ii) a new valid and enforceable provision, which accomplishes the intent of the parties hereto as evidenced by the provisions so severed, shall be deemed substituted in lieu of the invalid or unenforceable provision.
- WAIVER. No action or lack of action by UTC DIGITAL TECHNOLOGIES PVT LTD shall be deemed or construed as a waiver of any provision of this Agreement. No waiver of any provision of this Agreement shall constitute or be deemed a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless it is executed in writing by the party making the waiver.
- HEADINGS. Any headings used in this Agreement are for reference purposes only and are not to be used to construe or limit the meaning of any provision.
- DISPUTE RESOLUTION AND INDEPENDENT ARBITRATION. MOST OF YOUR CONCERNS CAN BE RESOLVED THROUGH UTC DIGITAL TECHNOLOGIES PVT CUSTOMER SERVICE. IF, HOWEVER, YOU HAVE AN ISSUE THAT CANNOT BE RESOLVED WITHOUT THIRD-PARTY INTERVENTION, YOU AND UTC DIGITAL TECHNOLOGIES PVT LTDAGREE THAT ANY DISPUTE OR CLAIM IN LAW OR EQUITY ARISING BETWEEN THEM OUT OF THIS AGREEMENT OR ANY RESULTING TRANSACTION SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION BEFORE THE BETTER BUSINESS BUREAU UNLESS THE PARTIES MUTUALLY AGREE TO A DIFFERENT ARBITRATOR, WHO SHALL RENDER AN AWARD IN ACCORDANCE WITH SUBSTANTIVE MUMBAI CITY LAW. THIS MEANS THAT ALL SUCH CUSTOMER DISPUTES (EXCEPT PERHAPS CERTAIN SMALL CLAIMS) WILL BE RESOLVED THROUGH ARBITRATION, NOT WITH A JUDGE OR JURY. JUDGMENT UPON THE AWARD OF ARBITRATOR(S) MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. INTERPRETATION OF THIS AGREEMENT TO ARBITRATE SHALL BE GOVERNED BY THE ARBITRATION ACT.
- LEGAL FEES. If any legal action or proceeding arises out of or relating to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UTC DIGITAL TECHNOLOGIES PVT LTD’S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR STRICT LIABILITY), OR OTHERWISE), ARISING OUT OF OR RELATING TO THE GUARANTEED BUYBACK PLAN OR ANY OTHER PRODUCTS, SERVICES OR OTHER ITEMS FURNISHED BY UTC DIGITAL TECHNOLOGIES PVT LTDUNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE BUYBACK AMOUNT PAYABLE BY UTC DIGITAL TECHNOLOGIES PVT LTDTO YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.
- AMENDMENT. UTC DIGITAL TECHNOLOGIES PVT LTD may modify any immaterial terms or conditions of this Agreement upon written notice to You. Any material terms or conditions of this Agreement may be amended only upon written agreement of the parties.