This Agreement shall commence on the date the products (more fully set out in the Schedule) (“Product(s)”) are delivered to the Customer and remain in full force and effect until the fixed period equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the Products is returned to coolerwalaonline, unless terminated earlier or extended pursuant to the flexi tenure policy.
FLEXI TENURE POLICY
coolerwalaonline provides its Customers, an option to opt for flexible tenure (“Flexi Tenure”) for early closure and/or extension of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing coolerwalaonline, any time prior to the date the Customer wishes to close the order. coolerwalaonline provides its Customer with different monthly rental rates depending on the tenure of the Agreement at the time of order placement. In the event of early closure, the Customer shall be liable to pay the early closure charges which shall be calculated based on the tenure selected by the Customer. The early closure charges shall be maximum up to the total amount of security deposit paid by the Customer, excluding any rental dues and damage charges. For extension of the term beyond the Agreement tenure by the Customer, the package rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension or early closure shall be done only through the coolerwalaonline website or in writing and such extension or early closure shall be deemed to be pursuant to this Agreement. coolerwalaonline reserves the right to revise the rental rates any time at its sole discretion.
PAYMENT
The invoice shall be raised by Summerzain Home Appliances (Parent Company of coolerwalaonline) on the full payment realization (either made through cheque/online transfer). Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Full payment for the plan accepted shall be made in advance. In case the Products are delivered anytime during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month. The Customer shall make all payments to Summerzain Home Appliances only. Summerzain Home Appliances shall not be liable for any payment made to any broker/third party by the Customer. coolerwalaonline reserves the right to share information with credit rating agencies pursuant to Clause 15 of this Agreement. The Customer hereby agrees that non-payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and coolerwalaonline shall not be liable for any claim from the Customer for sharing such information with credit rating agencies. In the event, the Customer does not make payments to Summerzain Home Appliances or does not return the Products and is not traceable, in addition to any other right of coolerwalaonline, the Customer agrees that coolerwalaonline shall have the right to reach out to the Customer’s relatives, friends, employer, offices and shall inform them about the Customer’s default. The Customer hereby agrees that, coolerwalaonline shall not be liable for any inconvenience or loss caused to the Customer for such action by coolerwalaonline.
SECURITY DEPOSIT
In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Customer. Summerzain Home Appliances shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Summerzain Home Appliances via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the coolerwalaonline website, prior to the pickup of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products. In case any damage is found in any Product, coolerwalaonline (Summerzain Home Appliances) shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.
ORDER CONFIRMATION
On receipt of the order and the Security Deposit, coolerwalaonline (Summerzain Home Appliances) will confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, coolerwalaonline shall inform the same to the Customer. coolerwalaonline reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Product, coolerwalaonline shall refund the Security Deposit paid by the Customer as per Clause 4 of this Agreement. The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per coolerwalaonline Policy. In case the KYC verification is not successful, or the location is not serviceable by coolerwalaonline, coolerwalaonline reserves the right to reject the Customer’s order any time prior to delivery at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by coolerwalaonline, the Security Deposit paid by the Customer shall be refunded to the Customer as per Clause 4 of this Agreement. The Customer authorizes coolerwalaonline to verify all the details provided by him/her and verify his/her credit score by evaluating their credit report with the help of any credit bureau and/or any other third party.
DELIVERY
On confirmation of the order by the Customer, coolerwalaonline shall deliver the Products to the location specified by the Customer. The cost of the delivery shall be borne by Customer. The Customer shall be present at the location at the time of delivery agreed between coolerwalaonline and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to coolerwalaonline prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Customer to the delivery personnel assigned by coolerwalaonline. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, coolerwalaonline shall charge an extra delivery cost to the Customer. coolerwalaonline shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, coolerwalaonline shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, coolerwalaonline shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below. The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of elevator of the building, for delivery of the Products to the location.
DAMAGE
The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay coolerwalaonline the market price of the Product. Minor scratches and chipping (depending on size) to casing shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Customer and the photographs taken on delivery and return pickup day. coolerwalaonline ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by coolerwalaonline, then a penalty may be levied as per the policy of coolerwalaonline. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as a damage to the Product and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address. A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.
DAMAGE WAIVER
coolerwalaonline offers a damage waiver benefit to its Customers, who complete a minimum term of 3-12 months: Rs. 250, 13-24 months: Rs. 500 and 25-36 months: Rs. 1000 respectively. The damage waiver benefit provided is subject to timely payment of all dues within the Due Date by the Customer.
MAINTENANCE
coolerwalaonline shall provide maintenance of the Products delivered to the Customer, for the entire duration of the Agreement or on request from the Customer. coolerwalaonline shall provide cleaning (one time per year) of the product, only after completion of minimum 2 months tenure by the Customer. The periodic maintenance shall not include any damage or breakdown due to mishandling by the Customer. coolerwalaonline shall carry out the maintenance/repair of the Product within 3-5 working days after the request has been raised by the Customer. In the event, the issue is not resolved during repair, coolerwalaonline shall provide a replacement for the Product. Any additional cost incurred by coolerwalaonline during the maintenance and cleaning due to damages shall be borne solely and paid by the Customer, either via online payment or as advised by coolerwalaonline service representative.
INSPECTION
coolerwalaonline reserves the right to inspect the Product delivered to the Customer during the term of the Agreement. coolerwalaonline shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of coolerwalaonline is provided with proper access to all the Products/premises for inspection.
RELOCATION
In case the Customer wishes to relocate or remove the Product(s) from the registered address, a request shall be made to coolerwalaonline 2 (two) weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address. Once the request is raised, coolerwalaonline shall remove or relocate the Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by coolerwalaonline, the same shall be treated as an early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy. All relocations shall be liable to freight charges that are to be paid by customer.
SWAP OPTION
coolerwalaonline provides its Customers with an option to swap the Products taken on rental basis on the following terms and conditions:
TERMINATION
In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term. coolerwalaonline shall have the right to terminate this Agreement immediately in the following events;
Consequences of termination:
OWNERSHIP OF PRODUCTS
coolerwalaonline and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to coolerwalaonline if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify coolerwalaonline against all loss and damage caused by such action against its Products.
ASSIGNMENT
The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of coolerwalaonline. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. coolerwalaonline reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
ADVANCE RENTAL
Any advance rental amount credited to your coolerwalaonline account as will not be eligible for refund. Although, the same can be used for any existing or future subscriptions with coolerwalaonline.
INDEMNIFICATION
The Customer shall indemnify, defend and hold coolerwalaonline harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by coolerwalaonline negligence or willful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall coolerwalaonline be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.
GOVERNING LAW
This Agreement shall be governed by the laws of India and shall be subject to exclusive jurisdiction of courts in Hamirpur (Uttar Pradesh, India).
ENTIRE AGREEMENT
This Agreement (together with the Annexure) constitutes the entire agreement between coolerwalaonline and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on the coolerwalaonline website. In the event of any conflict between the terms and conditions on the coolerwalaonline website (including privacy policy) and this Agreement, the terms and conditions on the coolerwalaonline website shall supersede. The Company reserves the right to amend the terms and condition of this Agreement and on the website from time to time, the customer is requested to check the website for update of terms and conditions.
LIMITATION OF LIABILITY
In no event shall coolerwalaonline be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Products, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement coolerwalaonline’s total liability to Customer shall not exceed the total amount of 1 (one) month rental collected from the Customer.
DISCLAIMER
www.coolerwalaonline.com reserves the right to cancel any orders completely or partially before delivery without prior information & in such scenarios, we’ll initiate the refund process for the deposit amount and the Customer will receive it in their source account within 7-10 working days. Any current/future orders placed by the Customer has no connection with any of his/her previous orders. coolerwalaonline shall provide the services under the Agreement, either by itself or through any third-party. In case the services are provided through any third-party, coolerwalaonline shall share the details (only to the extent required to provide the services) of the Customer to enable such third-party to provide the service. The Customer hereby authorizes coolerwalaonline to share the details of the Customer with such third party.
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We offer a full line of home Appliances supplies and equipment also.
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