Warranty only Protection Plan

Transcription

1 Warranty only Protection Plan The schedule shall form part of this Protection Plan and the term Protection Plan whenever used shall be read as including the Schedule and complete terms and conditions. Any word or expression to which a specific meaning has been attached in any part of this Protection Plan or of Schedule shall bear such meaning wherever it may appear. YOUR Protection Plan is based on information, which YOU have given US and the truth of these information shall be condition precedent to YOUR right to recover under this Protection Plan. Protection Plan is only valid for devices, which pass the Scanner test. All Scanner test reports need to be submitted for approval to service provider before activating the Protection Plan on the device. No service will be provided on the device without the activation of the protection plan. This document gives information about Protection Plan, Service provider, Beneficiary/User and protected Equipment etc. & other terms & conditions DEFINITIONS OF WORDS: 1. Service Provider M/s. Semusi Technologies Private Limited (RMP) 2. Protected Equipment Product/s purchased as shown on purchase Invoice, for product category such as Mobiles, Tablets along with Protection Plan Product or Services through their medium. 3. Protection Plan It means the Protection Plan Booklet, the Schedule and any applicable endorsements or memoranda issued to YOU. The Protection Plan contains the details of the extent of the cover available in respect of item (s) owned by the Person(s), what is excluded from the cover and the conditions, warranties on which the Protection Plan is issued. 4. Schedule It means the latest schedule issued by US as part of YOUR Protection Plan. It provides details of the Protection Plan including full description of properties covered which are in force and the period of cover the covered person has against the properties described. 5. Sum Protected Equipment value as Calculated basis the fair market value on the date of purchase of protection plan 6. WE/OUR/OURS/US It means service provider or its authorized affiliates 7. Dealer / Medium For the purpose of this Protection Plan, it shall mean Certified retailers, distributors, web, online & app channels including all their associates. 8. Period of coverage 6 (Six) months from the date of purchase of the Protection Plan 9. Manufacturer The Manufacturer of the item covered under Protection Plan.

2 10. Beneficiary / User/ YOU/YOUR/YOURS: The purchaser of the equipment along with Protection Plan, whose name is as shown on the Invoice, Where the purchaser is a company, Beneficiary/User shall mean any representative / employee of the company authorised to use the Equipment. 11. Breakdown The sudden and unforeseen failure of the parts of the covered item due to defects in materials and workmanship (but not by normal wear and tear, normal deterioration or negligence) necessitating immediate repairs or replacement. 12. Normal Wear and Tear The gradual reduction in operating performance of a covered part of the item, having regard to the age of the item and usage. 13. Manufacturer s Warranty It means the original equipment warranty coverage provided by the Manufacturer from date of purchase of the item. 14. New Replacement Value It means cost of replacement of the item covered by a new/ Like New/ refurbished / similar condition item /property of same kind and same capacity 15. Excess Excess is minimum value, which shall be deducted in claim settlement. Excess is 10% of the purchase value, or 500 rupees, whichever is higher 16. Loss/Lost: It means the Damage or Loss. 17. Product & Services: Protection Plan offered on sale, Repair and Distribution of services related to Mobile Handsets and Tablets GENERAL CONDITIONS: 1. Reasonable Precaution and Care of Property: YOU/owner/ Person(s) shall take all reasonable precautions for safety and soundness of item covered to prevent the loss in order to minimise claims. The owner /Person must comply with manufacturer s recommended actions for use, inspection, maintenance along with other instructions and shall comply with all statutory requirements or other regulations. 2. Mis description: This Protection Plan shall be void and all premium paid by YOU/owner Person(s) to US shall be forfeited in the event of misrepresentation, misdescription or concealment of any material information. 3. Changes in Circumstances YOU/owner/covered person(s) must inform syncnscan at , as soon as possible, of any change in information YOU/covered person(s) have provided to US about yourself, the item(s) covered, location of risk which may affect the cover provided. YOU/Owner /Covered person(s) must also notify US about any alteration made whereby risk of loss/damage is increased. In case of such alteration made and not accepted by US in writing, the cover under this Protection Plan shall cease. 2

3 4. Claim Procedure and Requirements Upon happening of an event giving rise or which may give rise to a claim, Beneficiary shall forthwith give notice in writing in person or courier to syncnscan in with full particulars. A written statement of the claim will be required and a claim form will be provided. This written statement of claim along with supporting documents (estimates, bill and the like) prepared at your expense or expense on your behalf along with particulars of other Protection Plan covering the same risk must be delivered to Service Provider within 15 days of date of Loss at owners/ persons expense. On receiving the claim documents, service provider may request the device to be submitted to the service provider, at the device owner s expense, for repairs if the estimate of repair is higher than expected. 5. Fraud If any claim under this Protection Plan is fraudulent in any respect with or without Owner/ Person s knowledge or if any fraudulent means or devices are used by the owner/ Person or on behalf of owner/ Person to obtain any benefit under this Protection Plan, all benefits and rights under the Protection Plan shall be forfeited. 6. Interest/Penalty No sum payable under this Protection Plan shall carry any interest or penalty. 7. Geographical Scope The geographical scope of this Protection Plan will be the whole of India. The laws of India shall govern the provisions. The parties hereto unconditionally submit to the jurisdiction of the courts in Delhi SCOPE OF CONTRACT COVERAGE If the item belonging to YOU/owner person(s) is damaged by any cause listed under What is covered:, then WE will indemnify YOU/owner person for the cost of repair/replacement of parts of covered item mentioned in the list. Provided device has passed the scanner test, protection plan is activated,beneficiary have purchased equipment from Medium, whereby medium have advised to Semusi Technologies Private limited (Service Provider) about the purchase & paid the appropriate premium and issued purchase invoice along with the handout (terms and conditions document) to the purchaser through their Medium. What is covered The ambit of this cover is limited to breakdown of covered item/components there of arising out of any defect in materials and workmanship in respect of all electrical, mechanical and electronic components of the covered equipment as per the warranty offered by the manufacturer, during the period of original warranty. Device that has passed the scanner test and the protection plan for that device is activated by the service provider. What is not covered We will not be liable for any claim on the device for which the protection plan has not been activated or the device has not passed the scanner test. We will not be liable for any claim that is originally not covered by the manufacturer of the device. These may or may not be limited to i) Any claim where the original identification/serial number is removed, obliterated or altered from the Covered Asset. Limit of Liability: - Our liability shall in no case exceed in respect of each item the purchase value thereon declared to Service Provider by Beneficiary. ii) iii) Any incorrect or abnormal electrical or signal connection to the equipment. Any modification to the equipment which is not in accordance with the manufacturer s instructions or use of any accessory which has not been approved 3

4 by the manufacturer. iv) Any Equipment used outside India and requiring service/claim outside the Indian Territorial boarders v) Any defect in external wiring, electrical connection that are not an integral part of the equipment. vi) Any corrosion, blockages, denting or scratching on the equipment. vii) Any routine maintenance or service or inspection of the equipment. viii) Any cleaning of video/audio heads or any normal replaceable or limited life consumables of the equipment. ix) Any repair carried out by anyone other than authorised service providers of the equipment, as approved by the manufacturer or service provider after the protection plan has been activated. x) Any realigning of aerials, receivers or satellite dishes. xi) Any design fault or damage arising from errors, omissions or defects in any applications or systems software. xii) Any cost incurred where no breakdown has been found. xiii) Any damage caused by any household pets, rats, cockroaches or any other animals or insects xiv) Any service items, normally replaceable components or limited life consumables including but not limited to fuses, remote control, batteries etc. xv) Any cosmetic items including but not limited to knobs, buttons, paintwork, plastic or metal casing etc. xvi) Any claim arising out of any detention, seizure or confiscation by any legal authorities. xvii)any damage due to normal wear and tear, moths, insects, vermin, mildew, inherent defect or any other gradually operating cause of the equipment. xviii) Any damage caused by the equipment being used after any fault becomes apparent. xix) Any reduction in market value following repair or re instatement of the equipment. 4

5 xx) Any repair or replacement of components, which were faulty or had suffered a breakdown prior to the start date of this cover. xxi) Any property more specifically warranty by any other Protection Plan or guarantee (i.e. manufacturer guarantee). xxii)any loss arising from change in broadcast/reception technology but not occasioned by any manufacturing or workmanship defect. xxiii) Any loss or damage arising out of external cause, including but not limited to fire, theft, explosion, water damage, act of god perils, riot, strike, malicious damage, terrorism etc. xxiv) Any loss or damage to accessories/remote used in connection with the equipment that were not supplied at the time of purchase of the equipment. xxv) Any loss arising from improper storage, transportation, delivery or installation/re-installation of the equipment. xxvi) Beneficiary/Owner/Covered person s consequential losses of any kind and/or legal or contractual liability of any kind, other than the terms & conditions of the manufacturer s warranty. xxvii)the cost of installing any optional attachment/accessory to the equipment. xxviii) Any loss arising out of mechanical and/or electrical breakdown caused by overloading, strain, overrunning, freezing, excessive pressure, short circuiting, over heating of the equipment. xxix) Any loss arising out of ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from combustion of nuclear fuel. xxx) Any loss or damage due to use of non genuine parts other than approved and/or supplied by the manufacturer or service provider. xxxi) Any loss or damage caused by or arising out of the wilful acts or omission or gross negligence of the Covered person and/or Covered employees. xxxii) Any replacement or repair of the entire item arising out of any loss or damage of any part or component which is covered under the Protection 5

6 Plan and is unavailable in the market. The liability in such a case will be restricted only to the value of the damaged part or component. xxxiii) Any cost of diagnostic or dismantling nature, unless accepted as part of an authorized claim. xxxiv) Any loss due to any person obtaining the equipment by deception. xxxv) Any loss directly or indirectly occasioned by or happening through or in consequence of war, invasion act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or unsurped power, nationalization, or loot pillage in connection therewith SPECIAL CONDITIONS 1. Indemnity a) In cases where an item can be repaired WE will pay expenses necessarily incurred to restore the damaged item to its former state of serviceability plus the cost of dismantling and re-assembly incurred for the purpose of effecting the repairs. We will only deduct a applicable taxes (Taxes may vary from state to state) b) No deduction shall be made for depreciation in respect of parts replaced, but the value of any salvage will be taken into account. If the cost of repairs detailed herein equals or exceeds the actual value of the item Covered immediately before occurrence of the damage, the settlement shall be made on the basis provided for in (c) below c) In cases where covered item is a total loss, WE will pay for the refurbished/same or similar condition /Like New replacement value subject to maximum of the purchase value of the covered item. However the salvage and excess will be taken into account in such cases. d) In the event that replacement property of like kind and quality is not obtainable, new property which is as similar as possible to that suffering damage and which is capable of performing the same function, shall be deemed to be new property of like kind and quality and in no event this be considered as a betterment to the covered person. However, if damaged item may be replaced by a similar item available at the time of repair/replacement, any voluntary betterment opted for by the covered person shall be reimbursable after making appropriate deduction for betterment. WE will make payments only after being satisfied, by production of necessary bills and documents, that the repairs have been effected or replacements have been taken place, as the case may be. 2. Transfer of Ownership The cover shall cease on transfer of ownership of the covered equipment by the owner/ covered Person to any other party. 3. Onus of Proof In any action, suit or other proceedings where WE allege that by reason of the above provisions any damage is not covered by this protection plan, the burden of proving that such damage is covered shall be upon owner of the covered item. 6