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10. If an identical model is no longer available due to a change in law, regulation, or
standard, A. O. Smith will replace the product with one having a similar capacity and
input. In these instances, the customer will have the option of paying the difference
between what was paid for the original model and the new model with the
additional features, or receiving a refund of the portion of the purchase price on a
pro rata basis allocable to the unexpired portion of the warranty. Company’s
decision will be final on repair, replacement or refund as aforesaid and Clause 11
and binding on the customer.
11. Warranty is valid within Company Service Network coverage only. In case the
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.
12. Notwithstanding anything contained in this warranty terms, the Company shall not
be liable in case of failure to provide services under this warranty in case of any force
majeure event, 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, insects, rodents or any
other cause or circumstance of whatsoever nature beyond the control of A. O. Smith.
13. The customer will have no claim under this warranty in respect of any personal
injury, sickness, illness, death, property damage or consequential damages, arised
either directly or indirectly due to utilisation of product.
14. A. O. Smith reserves the right to make design and product changes or change the
specification at anytime without any obligation to prospective buyers or customers
or owners of products previously sold.
15. Warranty does not cover to any accessories provided by dealer or purchased by
customer.
16. Warranty does not cover;
a. Plastic, cosmetic parts and exterior finish.
b. Consumable parts such as filters, UV Lamp, Quartz Sleeve, except RO membrane
(under specified water conditions) as specified in Clause 17 herein below.
c. If defect or fault is caused or occurred due to improper installation by the
customer or not installed as per A. O. Smith guidelines specified in product user
manual.
d.
If failure or damage due to plumbing or other arrangements like, usage of
pressure pump, extension of 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 ascertaining the 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.
e.
If product is repaired by unauthorised personnel and usage of non-recommended
parts or consumables.
21. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, THIS IS CUSTOMER’S SOLE AND
EXCLUSIVE WARRANTY. ALL OTHER WARRANTIES INCLUDING A WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
A. O. SMITH SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR OTHER INDIRECT DAMAGES. TOTAL LIABILITY ARISING AT ANYTIME SHALL NOT EXCEED
THE PURCHASE PRICE PAID WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY
OTHER LEGAL THEORY.
22. The warranty is issued at Bengaluru, and courts at Bengaluru shall have exclusive jurisdiction
over matters covered or flowing from this warranty.
