ANNEXURE (A) - ZOPPER ASSURE -LITE EXTENDED WARRANTY SERVICE AGREEMENT (EWSA)

EWSA: Extended Warranty Service Agreement for the Covered Product (defined subsequently), the terms and conditions of which have been set out in this document, also referred to as Zopper Assure -Lite EWSA.

Service Agreement: This Extended Warranty Service Agreement, also referred to as or called as or marketed as Zopper Extended Warranty Service Agreement

We, Us, Our: The issuer of EWSA i.e. Solvy Tech Solutions Private Limited also referred to as Zopper.

You, Your, Customer: The person to whom We are issuing Our/this EWSA or Service Agreement

Covered Product: Any consumer electronics and home appliances product categorised as LCD & LED Televisions, Air Conditioners, Refrigerators, Microwave Ovens and Washing Machines in Manufacturer Warranty, being covered by Our EWSA sold by Our Strategic Partner (also referred to as Zopper) subject to Purchase Eligibility Duration criterion

OEM: Original Equipment Manufacturer, the company that has manufactured or owns the Brand for selling the Covered Product and have provided standard primary warranty as defined and specified in warranty manual
Manufacturer's Warranty: The original in box warranty coverage that has been provided by the OEM in respect of the Covered Product

Coverage Start Date: This is the date when coverage will start under the EWSA and is a date occurring immediately after the expiry of standard OEM warranty period subject to Covered Product having minimum of 12 months standard OEM warranty from date of purchase

Coverage Amount: The maximum coverage amount of Zopper EWSA is the Purchase Price of the Covered Product, subject to applicable depreciation dependent on the period of the claim

EWSA One-time registration fee: This is the fee You pay as one-time registration fee extending the Manufacturer's Warranty on Your Covered Product, for a period of either 1 calendar year or 2 calendar years, as per the given coverage on your zopper assure- lite kit

Coverage Type: This defines the level of coverage, such as whether Your Service Agreement will include the optional Accidental Damage from Handling (ADH) coverage. Specified explicitly that Our EWSAs will NOT cover Accidental Damage from Handling or by any other nature. Our EWSA does not include any Accidental Damage or Fluid Damage by any nature even if explicitly covered under Manufacturer warranty

Purchase Eligibility Duration: Customer becomes eligible for this EWSA by registering their Zopper Assure- Lite through given on boarding process in the physical Zopper Assure- Lite kit within prescribed time period and terms.

Purchase Price: The purchase price of the Covered Product specified on the Invoice of Zopper or certified/authorised Vendor/Retailer of the Covered Product

Invoice: The original invoice that has been issued to You by a certified/authorised Vendor/Retailer or Zopper for the Covered Product for which You have purchased this EWSA

Coverage Term: This is the tenure of coverage of EWSA which is a period of 12 months in case of 1 year plan and 24 months in case of 2 years plan calculated from the Coverage Start Date

1. Introduction

Under this EWSA, if a Covered Product suffers a breakdown related to manufacturing defect as treated during the Manufacturer's Warranty, at any time during the term of Your EWSA, the Covered Product will be repaired or replaced at the discretion of Zopper. If, the Covered Product qualifies for replacement, determined solely by Zopper's discretion, Zopper will make best efforts to replace Your Covered Product with a device containing similar features as determined by Zopper at the time of such claim. We will assess Your claim and determine whether You are entitled to a remedy under this EWSA within 15 (fifteen) business days or such reasonable time of receiving the details of Your valid claim documents. Zopper or its partners may at their discretion, will visit Your registered address or have the Covered Product shipped to an authorized service centre and get it repaired using genuine spare parts or may repair it their repair service centre with minimum of 90 days' warranty on the repaired part or component from the date of repair. The cost of 2-way shipping in case the Covered Products have to be shipped to the authorized service centres, will be borne by Us except in cases where the EWSA is considered void by virtue of clause 2 mentioned below. In such cases the cost of shipping will be borne by You and if Our logistics partners have incurred the cost of shipping wholly or in part You shall be liable to repay the amount to Zopper.
This EWSA effectively transfers the risk of failure from You onto Ourselves, while ensuring standardized repair service for Your Covered Product during the Coverage Term. The EWSA is limited only to the manufacturing /workmanship defects in the Covered Product as detailed in the Manufacturer's Warranty terms.

2. Exclusions

This EWSA does not cover the following components or specific conditions

a) Products that do not carry an existing Manufacturers' Warranty valid in India at the time this EWSA has been purchased by You
b) Physical or accidental damage of any kind that causes internal or external components to malfunction. The authorised service centre of the brand of the Covered Product or Our expert & skilled staff are the sole determinant of whether the Covered Product is physically damaged or for verification of the entitlement of Coverage. The service reports, job sheets or other such documents from the authorised service centre or from Us will be made available to You as proof in case of entitlement rejections
c) Malfunction issues arising on account of liquid/water logging which has not been covered under Manufacturer's Warranty terms, authorised service centre of the OEM of the Covered Product or Our expert & skilled staff are the sole determinant of whether the Covered Product is liquid damaged or for verification of the entitlement of Coverage. The service reports, job sheets or other such documents from the authorised service centre or from Us will be made available to You as proof in case of entitlement rejections
d) Any issues arising out of normal wear and tear of the Covered Product
e) Any issues or costs arising due to unauthorised repairs carried out on the Covered Product will void the Coverage. The authorised service centre of the OEM of the Covered Product or Our expert & skilled staff are the sole determinant of whether the Covered Product is eligible for Coverage or for verification of the entitlement of Coverage. The service reports, job sheets or other such documents from the authorised service centre or from Us will be made available to You as proof in case of entitlement rejections
f) Breakdown on account of any accessories not originally provided by the OEM of the Covered Product. The authorised service centre of the OEM of the Covered Product or Our expert & skilled staff are the sole determinant of whether the Covered Product is eligible for Coverage or for verification of the entitlement of Coverage. The service reports, job sheets or other such documents from the authorised service centre or from Us will be made available to You as proof in case of entitlement rejections
g) Any issues arising as a result of non-operating or cosmetic deterioration that do not affect the functionality or operation of the Covered Product
h) Modifications to the Covered Product not approved in writing by Us or by OEM. If modifications are carried out in consonance with the OEM policies and using genuine parts and through authorised service centres the EWSA will continue to apply to the Covered Product. However, the EWSA will not apply to the modified part; hence any claim for such modified part will not be accepted under this EWSA
i) Performing actions on the Covered Product that cause the Manufacturers' Warranty to void. The authorised service centre of the brand of the covered product is the sole determinant of whether the Covered Product has undergone any action that has voided that OEM's Warranty terms. The service reports, job sheets or other such documents from the authorised service centre or from Us will be made available to You as proof in case of entitlement rejections
j) Any other condition that voids the Manufacturer's Warranty prior to end of standard Manufacturer Warranty period
k) Breakdown or consumption of consumable products such as cables, cords, cartridges, tapes, net/mesh, warming glass, coils, software items, batteries, chargers, earphones, headphones, fuses, bulbs, styli, ribbons, and the like
l) Breakdown of an item within the Covered Product or the Covered Product itself if used for commercial use (rather than for personal, domestic or household use)
m) Breakdown caused by a failure to follow the OEM's standard installation or operating instructions
n) Product(s) with removed or altered serial numbers
o) Damage to hardware, software and data caused by, including, but not limited to, viruses, application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data
p) Any product or its condition during the time of purchase of EWSA fraudulently described or misrepresented by You
q) Any malfunction in the Product resulting from inadequate safekeeping, storage at high temperatures or humidity, storage with mothballs or leakage of batteries
r) Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modification and de-scaling
s) Any defect caused as a result of improper usage, negligence, transit/transportation damage and willful misuse
t) Loss or damage caused by extraneous effects or cause such as Fire, Explosion, flood, earthquake, accident, sand, water, or other natural calamities, voltage fluctuation, theft, attempted theft, malicious damage, and accidental damage
u) Reception or transmission problems resulting from external causes
v) Modification/alteration or any sort made to the circuitry, original design of the Covered Product
w) Any defect caused by usage of wrong power supply, voltage, corrosion, rust or stains or any problem with supply of electricity
x) Should necessary spare parts for repair be subject to import restrictions of a country resulting in delay in repairs, there will be no liability arising out of such delay
y) Products being recalled by the OEM
z) if no fault is found in the Covered Product during a repair incident request You will pay the visit charges as per the standard price list of OEM of the Covered Product
aa) Claims due to rust, corrosion and the like
bb) Loss or damage to recording media, software or data, software defects or software generated problems
cc) Any loss or damage to a person or property, direct, consequential or incidental damages arising from the use of or inability to use the Covered Product
dd) Any loss to software added to the Covered Product, third party software or the reloading software
ee) Loss of stored data during the process of dismantling for repairs

3. Maximum Liability

The maximum amount payable by Us under this EWSA will be the original Purchase Price of Your Covered Product. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or provide a cash settlement reflecting the replacement cost of a new product of equal features and functionality as solely determined by Us, the EWSA will be considered as fulfilled and We will have no further obligations, notwithstanding any outstanding term of the EWSA.

Except as indicated above, in no event will this EWSA be liable for:

a) Indirect damage caused due to improper functioning of the Covered Product, including but not limited to lost profits or savings, business interruption, loss of data, lost revenue, loss of use, inconvenience, mental or physical stress or any other commercial or economic loss of any kind, or special, incidental, or consequential damages
b) Incidental damages due to malfunction of the Covered Product such as loss of income or loss of profit etc
c) Any claim made by a third party or made by You on behalf of a third party
d) Any damage that occurs as a result of Your failure to follow the directions as specified in the user manual of the OEM

This limitation of liability applies in all circumstances i.e. when damages are sought, a claim is made under this limited EWSA or as a tort claim (including negligence and strict product liability), a contract claim, or any other claim. This limitation of liability cannot be waived or modified by any person. This limitation of liability will be effective even if You have advised Zopper or its representatives of the possibility of any such damages or even if such possibility was reasonably foreseeable.

Depreciation applicable in case of a total loss event

Covered Product 2nd Year 3rd Year
LCD & LED Televisions
(Collectively OTVO)
25% on the Purchase Price of the Covered Product 35% on the Purchase Price of the Covered Product
Air Conditioners 20% on the Purchase Price of the Covered Product 40% on the Purchase Price of the Covered Product
Refrigerators 20% on the Purchase Price of the Covered Product 40% on the Purchase Price of the Covered Product
Microwave Ovens 20% on the Purchase Price of the Covered Product 35% on the Purchase Price of the Covered Product
Washing Machines 20% on the Purchase Price of the Covered Product 40% on the Purchase Price of the Covered Product
4. Your Responsibility

a) You will be required to provide Us with a copy of the complete set of requisite documents at the time of claim that includes the Invoice of the Covered Product, pictures of the Covered Product, service reports or job sheets or other documents provided by authorized service centre or Zopper authorised partner fulfilling the repair request
b) You are required to correctly choose the right EWSA for Your product based on condition of Your product, Purchase Price or purchase location and the date of Purchase of Your product for which the EWSA is being purchased
c) It is Your responsibility to properly maintain, store and use Your Covered Product according to the OEM instructions and take all reasonable steps to use Your Covered Product or before purchase of the EWSA as prescribed by the OEM
d) It is Your responsibility to report within 30 days of identifying any manufacturing defect that causes the Covered Product to malfunction as eligible under this EWSA during the Coverage Term, through the Zopper App or such technology tools as provided by Zopper during the Coverage Term, failure to do so will void the coverage and the eligibility of service
e) You agree to submit all applicable salvage/residuals either in terms of defective parts or such applicable equivalent price on all Your repair claims

Non-fulfilment of ANY of the above conditions may result in the EWSA being considered as void and all claims made against EWSA are liable to be rejected.

5. Cancellations

This EWSA can be cancelled within 100 days of expiry of the Manufacturer's warranty or within 30 days of purchase of EWSA whichever is earlier, without any reason whatsoever. Upon cancellation of the EWSA no charge will be deducted from the amount paid towards the EWSA and the entire amount shall be refunded in cheque or online mode. No cancellations can be made by You beyond the above detailed time window.
If You make a claim, knowing it to be false and/or fraudulent as regards the value or the amount of work or otherwise, this EWSA is deemed to have been cancelled from inception without return of moneys paid by You and You must pay for all the previous free repairs claimed at the OEM applicable charges received till such cancellation including any shipping charges or other ancillary charges incurred by Zopper.

6. General

a) We may subcontract the services provided under any Zopper EWSA without notice to You. However, none of Our obligations towards You arising out of the purchase of EWSA in such a scenario will be diluted or withdrawn
b) In the event of repairs of any part/s of the Covered Product, this EWSA will thereafter continue and remain in force only for the unexpired period of the EWSA. The time taken for repair and in transit whether under the Coverage Term or otherwise shall not be excluded from the Coverage Period or OEM's Warranty Coverage Period
c) This Agreement is the complete and exclusive agreement between Zopper and You/Customer relating to the subject matter hereof. Any statements or representations made by resellers, authorized service centres or others that are inconsistent with this Agreement shall not be binding upon us. No amendment or modification shall be binding unless made in writing and signed by an authorized representative of Zopper.
d) We shall not be liable for delay in furnishing or failing to furnish service if such delay or failure is caused by an act of God, strike, governmental action or any other cause beyond our control
e) If any provision of these terms of service shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired
f) If at the time of occurrence of any claim for a product covered under this EWSA there shall be subsisting any other Warranty/Maintenance Contract/Extended Warranty/ or similar programme of any nature whatsoever covering the Equipment whether effected by this agreement or not, then we shall not be liable to pay or contribute more than its rateable proportion
g) The marketing brochures if circulated by Zopper or its Strategic Partner are meant purely for educating customers about the features and terms of EWSA and they have no commercial value
h) This EWSA will only commence or become valid once you receive a confirmation SMS or email or both from us on successful receipt of payment and accepting the terms of the Service Agreement. In case, you do not receive Your confirmation SMS/email from us within 30 days of purchasing the EWSA or such reasonable time, please contact Us or Zopper from whom you have purchased this EWSA
i) Any disputes arising in connection with this EWSA shall be governed by the laws of India. The courts of Mumbai shall have the exclusive jurisdiction over disputes arising hereunder
j) All rights reserved with Zopper
k) The EWSA is serviceable only within the territorial limits of India