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Warranty Terms

1. Issue, Parties and Application

These warranty terms ("Warranty Terms") are issued by Arkay Fabsteel Systems Private Limited ("Arkay" or the "Company") in favour of the original purchaser identified in the Company's invoice or warranty card ("Customer" or "Purchaser") in respect of the Zemos mosquito control systems, including traps, misting systems and related equipment supplied by Arkay or its authorised sellers ("Product").

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These Warranty Terms apply only to Products purchased and installed in India. They must be read together with the Company's applicable invoice, warranty card, instruction manual, installation records and written service terms for the Product.

 

These Warranty Terms are issued as a Company-signed customer warranty document. No dealer, distributor, service partner, employee or representative may vary, expand or waive these Warranty Terms unless the variation, expansion or waiver is expressly confirmed in writing by the Company.

2. Limited Warranty

Subject to these Warranty Terms, the Company warrants that, for a period of one (1) year from the date of installation ("Warranty Period"), the Product will be free from defects in material and workmanship under normal use and strictly in accordance with the instruction manual and written instructions supplied by the Company.

This warranty is personal to the original Customer, is non-transferable and does not extend to any subsequent owner, transferee, user or third party.

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This limited warranty covers manufacturing defects only. It is not a guarantee of uninterrupted operation, pest elimination levels or performance outcomes that depend on external site, environmental, usage, maintenance or infestation conditions.

3. Conditions for Warranty Validity

The Customer may claim warranty support only if all of the following conditions are satisfied:

  • the Product has been installed, used, operated, serviced and maintained strictly in accordance with the Company's instruction manual and written instructions;

  • the Product has not been modified, altered, dismantled, repaired, relocated, misused, abused, neglected, tampered with or handled contrary to the Company's instructions;

  • the Product's serial number, identification label and warranty particulars remain intact, legible and unaltered;

  • installation, repair, relocation, servicing and maintenance have been carried out only by the Company or persons authorised by the Company or its approved service partners;

  • the Customer has paid all amounts due for the Product and any contracted services; and

  • the Customer produces the original purchase invoice, warranty card, installation details and such other information as the Company may reasonably require to evaluate the claim.

4. Scope of Warranty Support and Exclusive Remedy

The Company's obligation under these Warranty Terms is strictly limited, at the Company's sole discretion, to diagnosing the reported defect and repairing or replacing only the defective or faulty part or component that the Company determines to be affected by a manufacturing defect. Replacement of the entire Product is expressly excluded unless the Company, in its sole discretion, agrees otherwise in writing.

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Any replaced part or component shall become the Company's property upon replacement. Replacement parts or components may be new, refurbished or functionally equivalent, provided that they are suitable for the Product, as determined by the Company. Repair or replacement shall not renew, extend or restart the Warranty Period.

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Warranty support does not include preventive maintenance, routine servicing, consumables, performance optimisation, refilling, cleaning, site preparation, civil or electrical work, relocation, training, accessories, optional services or support not expressly stated in these Warranty Terms or separately purchased under a written service contract.

5. Onsite Warranty Support

Onsite warranty support, where determined by the Company to be necessary and covered under these Warranty Terms, shall be available exclusively within the National Capital Region (NCR), Mumbai, Pune and Bangalore, Chennai ("Service Regions"). The Company shall have no obligation to provide onsite warranty support outside the Service Regions.

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For any Product located outside the Service Regions, warranty support shall be limited to evaluation of the claim and shipment of replacement parts or components for parts or components that the Company determines to be defective or faulty and covered under these Warranty Terms. Such shipment shall be in lieu of onsite service. The Customer shall be solely responsible for arranging installation, fitting, replacement, removal, site access, tools, labour and any local service assistance outside the Service Regions, unless the Company expressly agrees otherwise in writing.

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Any onsite visit within the Service Regions shall be subject to the Company's service availability, scheduling, access to the Product, safety conditions and completion of any preliminary troubleshooting required by the Company. If a reported issue is not covered by these Warranty Terms, the Company may charge inspection, travel, labour, logistics and service charges at its then-current rates.

6. Exclusions

These Warranty Terms do not cover, and the Company shall have no liability for, any defect, damage, malfunction, loss or reduced performance arising from or relating to:

  • accident, mishandling, negligence, misuse, abuse, unauthorised repair, unauthorised relocation, tampering, improper installation, improper site conditions, improper storage or use contrary to the instruction manual;

  • fire, flood, water ingress, natural calamities, pest infestation, environmental conditions, power fluctuations, electrical faults, external causes or circumstances beyond the Company's reasonable control;

  • glass, rubber or plastic components, CO2 cylinders, attachments, misting liquids, filters and other consumables, unless the Company expressly states otherwise in writing;

  • normal wear and tear, corrosion, rusting, chipping, peeling, plating, denting, cosmetic damage or deterioration of external parts or finishes;

  • performance fluctuations due to environmental conditions, external infestation, incorrect site installation, site relocation or inadequate maintenance;

  • software, accessories, third-party products, optional services or any items not supplied by the Company; and

  • any indirect, remote, special, incidental, exemplary or consequential loss, including business interruption, loss of use, loss of profits, loss of revenue, loss of goodwill, loss of data, loss of opportunity or loss of savings, except to the extent such exclusion is prohibited by applicable Indian law.

7. Warranty Claim Procedure

The Customer shall promptly lodge any warranty complaint with the Company, the nearest authorised service centre, the Company's distributor or the Company's official helpline, and shall provide the warranty card, original purchase invoice, installation details, photographs or videos of the issue and any other information requested by the Company.

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The Company shall evaluate the claim and determine, in its sole discretion, whether the defect is covered by these Warranty Terms and what corrective action, if any, is appropriate. If the Product or any part is required to be sent to the Company or its service centre, transportation, packing, insurance and related costs to and from the service centre shall be borne by the Customer unless the Company expressly agrees otherwise in writing.

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The Customer shall provide reasonable cooperation, safe access to the Product and accurate information required for diagnosis, servicing and warranty evaluation. The Company may decline or defer support where access is unsafe, incomplete information is provided or preliminary troubleshooting requested by the Company is not completed.

8. Customer Responsibilities

The Customer shall maintain the Product in accordance with the instruction manual and shall use only parts, accessories, consumables and service support approved by the Company where required by the Product documentation.

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The Customer is responsible for site readiness, appropriate electrical and environmental conditions, safe access, routine cleaning, routine maintenance, protection from external damage and maintaining purchase, installation and warranty records.

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The Customer shall immediately stop using the Product and notify the Company if continued use may cause safety risk, further damage or abnormal operation.

9. Limitation of Liability and Mandatory Rights

This limited warranty is exclusive and is in lieu of all other warranties, representations, conditions or undertakings, whether express, implied, statutory or otherwise, to the maximum extent permitted under applicable Indian law.

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Subject to applicable Indian law, the Company's total and aggregate liability arising out of or in connection with the Product, warranty support, service support or these Warranty Terms shall not exceed the price actually paid by the Customer for the affected Product.

Subject to applicable Indian law, the Company shall not be liable for any indirect, remote, consequential, special, incidental, punitive or exemplary damages, or for any loss of profits, revenue, goodwill, business opportunity, data, use or anticipated savings.

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Nothing in these Warranty Terms shall exclude or restrict any liability, remedy or right that cannot be excluded or restricted under applicable Indian law, including any non-excludable rights available to a consumer under applicable consumer protection law, or liability arising from fraud or wilful misconduct.

10. Force Majeure

The Company shall not be liable for any delay or failure in performing any obligation under these Warranty Terms where such delay or failure is caused by events beyond the Company's reasonable control, including acts of God, natural disasters, fire, flood, epidemic, labour disruption, shortage of materials, transport disruption, governmental action, power failure, civil disturbance or similar events. The Company shall be entitled to a reasonable extension of time for performance.

11. Governing Law and Jurisdiction

These Warranty Terms shall be governed by and construed in accordance with the laws of India.

 

Subject to applicable law and without prejudice to any non-excludable rights or remedies available to a consumer before a competent consumer forum or other statutory authority, the courts at New Delhi, India shall have exclusive jurisdiction over all disputes arising out of or in connection with these Warranty Terms, the Product or any warranty support.

12. Entire Warranty Terms

These Warranty Terms, together with the Company's invoice, warranty card, instruction manual, installation records and applicable written service terms, constitute the complete warranty terms applicable to the Product and supersede any inconsistent oral or written statement, purchase order term or representation not expressly accepted by the Company in writing.

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If any provision of these Warranty Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force to the maximum extent permitted by applicable law.

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