resQ Care Plan (RCP)

1. DEFINITIONS

2. TERM

This Agreement shall become effective from the date Reliance, at its sole discretion, accept after due verification, the application of the Customer stated herein and inspect and approves the Product, and the term shall continue to remain in force for a period as applicable under the respective Plan, unless terminated earlier as per terms herein.

3. SCOPE

1. Reliance shall provide the Services, during the Term, to Customer's Product as per the Plan subscribed/purchased by the Customer.
2. Reliance may, at its sole discretion, provide Services not covered within the scope defined above including without limitation replacement of any spare parts at Reliance's then prevailing rates and Terms and Conditions.
3. All defective spare parts replaced by Reliance with new spare parts or spare parts equivalent to new in performance, when used shall become property of Reliance and Customer shall not claim any right in the same.
4. This Agreement herein shall continue to remain in force if due to any reason, Brand replaces the product of the Customer under standard warranty period with the product of similar model or product's sub-category or of different size/capacity/model/brand but of the same product sub-category.
5. Customer can avail the Services under the resQ Care Plan only upto the Sum Insured or Product's invoice value whichever is lower. The product's sum insured or invoice value (whichever is lower) will remain applicable for the entire duration of the resQ Care Plan (RCP). This amount will not be renewed or restored on a yearly, quarterly, or semi-annual basis during the tenure of resQ Care Plan.

Services Not Covered

Product Exclusions:

• Products damaged due to unusual physical or electrical stress, or rat bite/urination
• Serial number of which has been altered, defaced or removed
• Modified, altered, adjusted or repaired/serviced by unauthorised persons
• Transferred by the Customer to any other person
• Damaged due to fire, looting/arson, acts of terrorism or acts of God like flood, lightning, earthquake, etc.
• Damaged due to failure to follow instructions for use including provision of standard power connection and dust proof environment
• Relocated from original place of installation to a location outside the municipal limits of the town/city where service centre is located
• More than 5 years old (from date of manufacture/purchase) - excludes AC, Refrigerator and Washing Machines
• Assembled products not of a classified manufacturer

Other Exclusions:

• Addition or removal of accessories
• Damage to plastic/rubber/sheet/metal parts (main liner crack, doors, bulb, cabinet, antenna, interconnecting cable, rubber pads for remote, stabilizer, filters, grills, casing, tray etc.)
• Consumables including magnetic media, adapters, batteries, stylus, docking stations, maintenance kits, add-on cards/devices
• Software support or installations, software-related issues
• Use of unauthorized parts and accessories
• Products repaired by non-authorized service centres

Additional Terms

7. Reliance may at its sole discretion provide Services for damaged Products at Reliance's then applicable rates and Terms and Conditions.
8. To avail Services, Customer must present proof of purchase or proof of age of the Product or a declaration in writing.
9. Services shall be provided only during normal working hours on regular working days.
10. Reliance shall not be held responsible for factors beyond control such as physical obstruction, acts of God.
11. Reliance makes no express or implied warranties regarding the Services provided.
12. Reliance may offer additional services on a complementary basis which can be withdrawn at any time.
13. Customer is aware that Reliance reserves its right to assign any of its rights or obligations to any person or third party or service provider.
14. Based on type of Product and purchase plan, services will be rendered either on Carry-in basis or On-site visit basis. For Laptops, customer can avail Free of Cost at-home Service and home pick up & drop facility during repairs claimable under RCP.
15. If Product found to be damaged/defective/non-working by resQ engineer at time of plan purchase, the Plan shall be cancelled and the purchase amount refunded.
16. Aesthetic defects which do not affect functionality are not covered.
17. Water Purifier: If RCP is purchased with coverage of consumables, consumables will be replaced only once a year during extended warranty period.

4. REPRESENTATION, RESPONSIBILITIES AND LIABILITIES OF THE CUSTOMER

1. Customer shall provide full and unrestricted access to the Product for service provision.
2. Customer shall provide adequate storage space for spare parts, work space, heat, light, ventilation and electric current for use by representative of Reliance.

For IT Products, Customer shall:

5. Customer shall comply with all applicable laws, rules and regulations.
6. Customer shall indemnify and hold Reliance harmless against any act of omission and commission and defend Reliance from all claims arising from breach of this Agreement.
7. Customer shall inform Reliance in writing of any change in billing address. Written communications from Reliance will be deemed served within 48 hours of posting.
8. Customer agrees it shall be their responsibility to be aware of the Agreement and changes herein. Ignorance shall be the total responsibility of the Customer.
9. The Customer understands that Services have been subscribed on their own name and name change is not permitted. Customer shall not assign any right without Reliance's prior written consent.
10. Customer shall return standby/loan spare parts provided by Reliance on or before Reliance returning the original set/spares.
11. In the event of Beyond Economic Repair, it is binding on Customer to accept the settlement method under commercial solution offered by Company.
12. If Customer gets replacement directly from Brand or Sales Format, Customer must inform resQ in writing within 3 days about change in Product serial number/IMEI number/Model Number.

5. CHARGES & PAYMENT

1. Customer shall make full payment of the Plan in advance at the time of purchase.
2. For additional Services, Customer shall make payments towards cash receipt or invoice raised by Reliance.
3. Charges payable by Customer are exclusive of taxes, duties or levies unless expressly stated.
4. In case manufacturer replaces the product under warranty with a product of higher or lower value, existing RCP contract shall be cancelled and a new contract must be issued for the replacement product.
5. Customer may receive Electronic Transfer Cash Receipt (ETCR) via Electronic Media or Manual Cash Transfer Receipt (TCR) for purchase of Plan.
6. If customer obtains direct refund/product replacement from OEM/Brand during RCP-covered period, refund of RCP amount shall be at Company's discretion. No refund of RCP Plan shall be permitted if the Plan has been enforced or if any claim has been availed.

Terms and Conditions of Monetary Settlement

Commercial Solution Refund Matrix

Commercial solution offered as % value of Balance Sum Insured during RCP tenure:

6. SERVICE CONDITIONS & VARIATIONS

Plan will come into effect only after acceptance of the Product by resQ for providing services (wherever applicable). These Terms and Conditions are subject to amendments and modifications and may be updated from time to time, without any advance notice.

7. TERMINATION

Reliance shall be entitled to terminate or cancel the Terms and Conditions in the following events:

• If the Customer is in breach of the Terms and Conditions
• If the Customer transfers the Product to any other person
• If the Customer relocates the Product outside municipal limits where service centre is located
• If the Customer is declared insolvent or bankrupt or liquidated
• If a trustee or receiver is appointed to take over Customer's assets
• If the Brand refunds the price of the Product to the Customer
• If Reliance determines the declaration provided by Customer is incorrect
• If Force Majeure conditions continue for such length that further performance would be commercially frustrated

Refund Policy

Cancellation at Request of Customer

8. GOVERNING LAW & JURISDICTION

1. The validity, construction and performance of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India.
2. The parties unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Mumbai with regard to any matter or dispute arising hereto.

9. LIMITATION OF LIABILITY

Reliance, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, shall not be liable to the Customer for any damages resulting from or related to any services performed by Reliance hereunder, including, but not limited to:

• Any loss of data or software
• Inability of Reliance to correct any errors, malfunctions, and defects
• Delay in performing any services
• Liability against any loss, damage, expenses, liabilities, claim, injury caused due to failure of performance, omission, defect of products
• Deletion, interruption, error, delay, virus, communication issues, unauthorized access, theft, destruction, alteration or use of records

In no event shall Reliance be liable for any indirect, special, or consequential damages or lost profits.

Reliance's liability hereunder to the Customer, if any, shall in no event exceed the total of the charges paid by the Customer to Reliance.

10. ADDITIONAL CONDITIONS FOR OUT OF WARRANTY PRODUCTS

Repair & Maintenance service under RCP for out of warranty Products (OWP):

1. Provision of service shall be contingent upon payment in advance and verification/validation of Product at Customer's premises by authorized resQ engineer.
2. An authorized engineer shall visit within commercially reasonable time to verify and validate product conditions.
3. In case of successful validation, resQ may at its sole discretion accept this Agreement which shall remain valid from date of purchase.
4. If upon validation, resQ decides it cannot provide RCP for OWP:
   • Fee of Rs. 250/- plus taxes shall be charged towards visiting charges
   • Balance amount will be refunded within 2 weeks
   • Mode of refund will be same as mode of payment or via Electronic Gift Voucher/Store Credit
   • Customer shall return complete resQ Care Plan kit if received
5. Customer represents and warrants they have complete knowledge of the preconditions to avail maintenance service under RCP.
6. Any dispute arising is subject to exclusive jurisdiction of courts at Mumbai only.

Compensation value not applicable when:

• Solution method and/or replacement with equivalent model is being arranged
• Definite time frame of parts supply is available
• Stand by unit support is provided (on case to case basis)
• Repair support can be provided to make Product functional
• Product has undergone aesthetic/physical damage in any manner whatsoever

11. PREVENTIVE MAINTENANCE SERVICES (PMS)

Customer shall be eligible for below stated PMS under RCP. However, such offerings may change from time to time based on plan offerings and promotional offers.

12. EXCLUSIONS UNDER RCP

Accessories and Parts Not Covered

* Laptop: Only 1 time Free of Cost change of Battery & Adapter on selected plans, subject to conditions applied

Other Exclusions

• Damage or defects caused by product misuse
• Damages on product body and aesthetic defects that do not affect functionality
• DSLR/Camera software, Lens & Consumables
• Product wear and tear, gradual deterioration due to rust, cracks, flaws or fractures
• Product defects or damages caused outside India
• Product re-installation
• Product malfunctioning due to unauthorised servicing or water seepage
• Product won't be attended if serial number is tampered or removed
• Does not cover physical, accidental or liquid damages
• Does not cover loss of data on device or on memory cards
• Does not cover replacement of remote control, only possible repair will be done
• Does not cover software or OS for Laptop, only diagnosis support will be provided
• No cover if products purchased or used for commercial usage
• Burned & Fire Breakout cases will not be covered
• Failures due to power fluctuations will not be covered

13. PERSONAL DATA

I hereby request resQ to send an authorized engineer to my premises for verification and validation of the electronic/electrical product, IT products, Smart Devices/Appliances (which is out of warranty from the manufacturer/Brand) against which I am purchasing the RCP from resQ with contingents. After verification of Product by engineer at my premises resQ reserves its right to decline the RCP without giving any reason whatsoever and I agree to be bound by the decision of resQ and this Agreement.