Genuine Annual Maintenance Contract (GAMC) – Terms and Conditions

Under this Contract, Eureka Forbes Limited (hereinafter also referred to as “Eureka Forbes”) undertakes to maintain your product at your Address registered with Eureka Forbes. This Genuine Annual Maintenance Contract is operated by Eureka Forbes and the following terms and conditions, shall constitute a legally binding contract between You and Eureka Forbes and govern the services provided under this Genuine Annual Maintenance Contract.

“Address” for GAMC with Eureka Forbes shall refer to the location where the product (e.g., water purifier) is installed. It specifies the physical address where maintenance, servicing, and repairs will be carried out. This address ensures technicians can visit the correct site for scheduled service under the GAMC.

For the purposes of the display of these terms online on the Eureka Forbes platform, this document shall be treated as an electronic record in terms of Information Technology Act, 2000, and the Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

• *Consumable kit includes for UV – i-filter, Chemi-block & active copper & for RO - i-filter, Chemi-block, active copper & RO Membrane
• *Consumable kits will change depending upon model configuration
• Applicability: All RO & UV SKUs. (This will be for New AMC Created on or after 23rd April 2024)
   

1. This contract provides for one-time free replacement of only the consumables applicable and maintenance services to the Product and replacement of spares (in case of breakdown) and consumables as per above chart:

1. For all institutional products, three maintenance visits would be provided for RO and RO+UV water purifiers; and two maintenance visits shall be provided for UV water purifiers. Eureka Forbes Limited shall have the right to combine Maintenance visit along with Repair visit service.
    

2. Only One set of consumables shall be replaced for all the products, during one year of the validity of the genuine Annual Maintenance Contract.

    

3. Pre-filter consumable replacement shall be applicable for pre filter set only which the product models which having in product specification, If the Pre filter set are purchased as additionally for the main product, then Pre filter consumable replacement will  only be considered  with additional GAMC for that Pre filter set. (If required, the same shall be replaced on a chargeable basis)-
    

4. ^Pump Replacement Limit: Each AMC period of 1 year allows for a maximum of one (1) pump replacement. If an additional pump replacement is required during the same AMC period, the customer must pay for the replacement pump at the time of the repair. All non-functional or replaced pumps under the GAMC must be returned to Eureka Forbes.

    

   Clarification - In the event that a pump replacement is required beyond the coverage provided under the AMC (i.e., one replacement for a single-year AMC, two for a two-year AMC [once per year], and three for a three-year AMC [once per year]), the customer shall be charged for any such additional replacement.

Attachments and accessories purchased separately shall not get covered in the product GAMC, and a separate GAMC purchase shall be required for attachments.

2.    The Contract covers replacement of worn-out / exhausted of functional parts, including Ultra-Violet Lamp with new / rectified spares for all products.

3.    Attachments, Body parts, compressor, Cold tank, Gas Charging & Hot tank for applicable models are not covered on domestic & institutional GAMC’s (If required, the same shall be replaced on a chargeable basis).

4.    Service request / complaints must be raised through registered mobile number (RMN) only. In case of change of RMN, it shall be the responsibility of the customer to get the mobile number updated with EFL by calling the toll free number.. Non – RMN mobile numbers shall be treated as Out of warranty / Out of contract customer on chargeable basis.

5.    Any additional visits during the contract period as and when required, in the event of any Repair visit/malfunctioning of the product on Customer’s complaint shall be attended free of charge. Any repair and/or visit performed, for a product which is not covered under the GAMC, shall be chargeable to the customer as per the prevailing Eureka Forbes service policy.

6.    In case a repair is requested, when no defect in material/spares or workmanship in the Product/Equipment is found, Eureka Forbes reserves the right, in its sole discretion, to charge a fee to cover any reasonable costs incurred towards such repairs.

7.    This scope of this Contract does not cover repair/replacement of plastic parts, body panels, taps, etc. which shall be made available to the customers (depending on their availability) on a chargeable basis.

8.    The minimum age of the Customer at the time of purchase of the genuine Annual Maintenance Contract has to be above 18 years and above.

9.    The Contract shall not cover visits/replacement of parts under the following circumstances:
 

1. Damage caused to the equipment due to floods, fire, accident, riot, breakage, pest, misuse, improper or negligent use, tampering, and leakage from pipes etc.

    

2. Damage caused to the equipment due to failure to observe the operating instructions and precautions as mentioned in User Manual.

    

3. Defects due to usage of non-recommended spares / unauthorised parts or spares. In the event of any replacement of such non-recommended/unauthorized parts with genuine Aquaguard parts and spares, the same shall be replaced on chargeable basis.

    

4. Visits for customers’ re-training, for dismantling or for re-installation at a different location.

    

5. Defects/failures resulting from servicing / repairs done by a person other than the authorized representative of Eureka Forbes Limited.

    

6.  Where this equipment is under use for more than 8 hours a day continuously, unless otherwise agreed in writing by Eureka Forbes.

    

7. Replacement of EVA Tube & PL tube, body parts, diverter valve

    

8. With regard to repairing of existing worn-out / defective part(s) or replacing the same and ascertaining the presence of above circumstances, the decision of Eureka Forbes Limited shall be final. In any such event, Eureka Forbes Limited will submit a prior estimate for approval or bill for the work carried out at the prevailing rates.

10.    Only the defective parts can be replaced with new or refurbished parts. The company or its authorized agents shall be entitled to retain any defective parts replaced during this Contract.

11.    This service shall not be applicable where a domestic water purifier is used for commercial purposes.

12.    Eureka Forbes reserves the right to change the method by which it may provide repair or replacement service to You, and your equipment’s/product’s eligibility to receive a particular method of service/repair. Service shall be limited to the options available in the State/Up-Country, where service is requested. Service Options, availability of parts and response times may vary from State to State.

13.    The company shall provide the services under the Genuine Annual Maintenance Contract either through itself or through its authorized business partners/service technicians.

14.    Eureka Forbes reserves the right to deny service to the customer in case it deems that the product has been tampered with and/or altered by the customer.

15.    Since under the terms of this contract, Eureka Forbes is liable to supply You with free replacement of spare parts as described herein, GST wherever applicable shall be borne by Eureka Forbes.

16.    Services under this contract exclude the following:

1. Painting of the body, top and bottom panels, and anodizing the treatment chambers and electronic housing.

    

2. Chrome plating of the nuts and other styling decorative materials.

17.    For repairs necessitating the removal of the product or any parts thereof, to Eureka Forbes Service Centre or Factory, there shall be no additional charge for the labour. However, in such cases incidental expenses incurred like freight, packing, insurance, octroi, etc., will have to be borne by the customer.

18.    Any renewal of this Contract shall be applicable only if the Company satisfies itself that the product/equipment is in a working/maintainable condition. If the equipment is found to be defective/dead, the Company shall charge from the customer, all costs of inspection, time and spares as required to bring the equipment in working/maintainable condition.

19.    Installation/reinstallation/ use of un-authorised parts & spares or any kind of service  done by any third party or unauthorised person - shall make this contract null and void and no refund to GAMC already purchased shall be issued in such cases.

20.    In case the Genuine Annual Maintenance Contract is purchased for a wrong/different product, where there are multiple products of Eureka Forbes installed at the same premises, there shall be a 15-day period within which this contract can be assigned to the correct product. It shall the responsibility of the customer to reach out to Eureka Forbes to reassign/cancel the contract, within 15-day period. No refund shall be applicable after 15 days from the date of purchase of GAMC.

21.    The onus of availing maintenance service shall lie with the Customer and the same shall expire along with the GAMC of the product. Missed maintenance visit when lapsed, will on chargeable basis if required by the customer.

22.    The equipment, along with access to Electricity & Water should be made available for servicing as and when our Authorised Service Technician calls for it at the time of his maintenance service visit. Failure to do so shall be treated as a service rendered and no refund shall accrue on this account.

23.    In case You purchase AMC from Eureka Forbes website wherein, upon inspection of the product/equipment, our Authorised Service Technician finds local filters installed in the product/equipment, EFL will replace the local or unauthorised spare/parts with genuine Aquaguard spares/parts on chargeable basis to make the contract valid.

24.    In case you purchase GAMC from Eureka Forbes website, wherein upon inspection of the product/equipment, our authorised service technician finds that the product/equipment is not in working condition, then the customer is liable to pay for such spare parts replaced to make the equipment in working condition before the GAMC gets activated. The same shall be applicable for product/equipment not working on the date of purchase or within 15 days of purchase of GAMC. In such cases, the customer will be given a discount of XX % on spares replaced to make the product/equipment in working condition

25.    Every visit made by our Authorised Service Technician shall be made within reasonable time from receipt of a complaint for breakdown of the equipment and shall be made only during working hours of our Service Department.

26.    The liability of Eureka Forbes Limited shall be limited to providing service and replacing spares as covered by this contract. Eureka Forbes Limited shall not be liable for damages, death, injuries or any consequential damages of what so ever nature to any person or property, by use or operation of the product.

27.    In case, the customer wishes to shift the equipment/product to a different location either within the premises or to a different address, the cost of shifting the equipment/product and cost of additional wiring/pipes, or plumbing, shall not be covered under this GAMC.

28.    In order to enable Eureka Forbes Limited to discharge its obligation under this contract, the customer shall notify in writing, any change in their address within 15 days of such change. In default whereof, Eureka Forbes Limited shall not be obliged to perform its obligations under this contract till it receives such intimation from the customer. In such an event the removal and re-installation of the Product / Attachment will be done at an additional cost as per the rates prevailing on that date.

29.    In carrying out its obligations, Eureka Forbes may, at its discretion, and for the purposes of monitoring the quality of Eureka Forbes’ responses, record part or all calls between you and Eureka Forbes which may be required/deemed necessary for carrying out the services under this Contract, without any hindrance whatsoever.

30.    This contract is neither terminable before the expiry period nor transferable in the event of resale / gift to any other person. The obligations of Eureka Forbes under this Contract shall cease forthwith in case the customer ceases to be the owner of the equipment/product. No refund of any amount shall be due in such cases.

31.    No amount shall be refunded in case of cancellation of the Annual Maintenance Contract.

32.    Customer can choose to make payment for purchase of GAMC in advance through digital means – Net payment/ UPI/Debit /Credit Card or by Cheque / DD / Cash in favour of Eureka Forbes Limited (Payable at Mumbai) in advance and payment shall accompany the signed copy of the contract and such payment shall be realized in advance before the commencement of the contract period.

33.    Renewal of the Service Contract after its expiry will be at the sole discretion of Eureka Forbes Limited and depending upon the model / age of the product and usage period.

34.    It shall not be the responsibility of Eureka Forbes Limited to send any reminder or any such communication to intimate the expiry or renewal of the contract. The onus of renewing the contract rests with the owner.
 

35.    This contract sets out all the terms and conditions of which Eureka Forbes Limited agrees to service the equipment and cancels and supersedes all prior agreements, undertakings or arrangements, oral or written between the parties on the subject matter.

36.    Modification and Variation: No-modification or variation of this Contract shall be binding unless it is made in writing and signed by the Contracting Parties.

37.    Force Majeure: Neither party shall be liable for the non-performance of its obligations under this-agreement where such failure is due to force majeure i.e., due or attributable to any act of God, orders, restrictions or regulation of Government, Central or State, war like conditions, epidemic, pandemic such as the COVID-19 pandemic, hostilities, riots, civil commotion, strike, lock out, labour trouble, explosion, or any other cause or circumstance of whatsoever nature beyond control.

38.    GST Terms:

1. In case the customer is eligible for any exemption or lower rate of tax, the customer is responsible to provide the requisite details, documents, declarations or undertake any prescribed compliances for the purpose of tax exemptions / lower tax rates while entering into contractual agreement or before supply is made (whichever is earlier). In absence of the same, no tax exemption/ lower rates would be extended. Further, in case of any incorrect / incomplete / non-compliance on behalf of the customer and because of which a demand is made on Eureka Forbes by the tax authorities, the customer shall be immediately liable to pay the applicable taxes / amounts on such goods (including interest, penalty and associated litigation cost) if any upon notification by Eureka Forbes.
    
2. It is the responsibility of the customer to provide Eureka Forbes with appropriate records/ communication address to determine the relevant location of the recipient of service. In case of any tax or related demand due to failure of the customer to provide the correct address, the same will be borne by the customer. The determination of the location of supplier of service shall be the sole responsibility of Eureka Forbes and would be determined based on applicable GST provisions.
    
3. HSN of goods/ SAC of services would be prescribed by Eureka Forbes and same would be used by the customer. In case of any disagreement over classification between Eureka Forbes and customer, the classification of Eureka Forbes would prevail. The customer may use the HSN/ SAC provided by Eureka Forbes or adopt a different HSN/ SAC as per their interpretation. In either case, Eureka Forbes should not be held responsible to indemnify any liability that arises on account of disputed related to HSN/ SAC classification.
    
4. It is the responsibility of the customer to communicate the GSTN registration numbers of various states for the purpose of billing. In case no separate GSTN registration number is provided, then the GSTN registration number pertaining to the contractual address will be considered for the GST related compliances and taxability.
    
5. Each goods/ service is being supplied separately and not complete single supply.
    
6. Any other post supply discount that may be given to the customer would be communicated vide a 'Separate Document' before or at the time of supply providing the terms and conditions governing such discounts. It is the responsibility of customer for confirming reversal of input tax credit attributable to such discount.
    
7. No changes to invoice would be requested by Customer once the details of the same are uploaded by Eureka Forbes in their GST return. Invoice, Debit notes or credit notes or supplementary invoices would be issued in permissible scenarios and timelines as prescribed in compliance with the GST Act and rules.

39.    This Annual Maintenance Contract shall be construed and governed in accordance with the laws of India. The parties agree to subject themselves to the exclusive jurisdiction of courts in Mumbai in connection with any dispute.

40.    For any repairs required/conducted beyond the period of the annual maintenance contract, the same shall be provided to You on a chargeable basis. Service Charge of Rs. 530/- (subject to revision from time to time) shall be charged per visit by the Service Technician. Cost of spares (if any) as required to be replaced (depending on the service/type of the product), shall be charged additionally as per the maximum retail price of the spares.

41.    The Company reserves right to collect additional amount to recover the cost that the Company may incur to comply with the laws/government guidelines due to Force Majeure Event and towards safety of customers and service personnel attending the service request subject to following:

1. Such costs shall be temporary in nature and shall be collected against issuance of receipt.

    

2. The additional amount will be charged to every customer whether the product is in warranty or out of warranty or under AMC;

    

3. The additional amount is not included in any other maintenance contract of any nature whatsoever;

    

4. The additional amount shall be payable for every service call. No additional cost will be collected for subsequent visit by technicians within 30 days of attending service call;

    

5. The additional cost shall not be collected from customers who shall carry the product to the authorized service centre of the Company for service or repairs. However, the cost of consumables and spare parts shall be levied as per the terms and conditions of AMC/warranty of the products.
    

Customer Care Support:

To contact or raise a service request – 

• Download Eureka Forbes Customer APP from Google Play Store or Apple App Store; or
• Visit www.eurekaforbes.com; or 
• Call us or Send “Hi” on WhatsApp at – 7039883333 (Toll Free).
   

“By opting in or accepting the Warranty Contract or the Genuine Annual Maintenance Contract ("Agreement"), you (the customer) provide your explicit consent to Eureka Forbes Limited ("EFL", "We", "Us") and its partners to communicate with you via WhatsApp, RCS, and other channels for transactional and promotional purposes ("Services"). Your personal data will be collected, stored, and processed in compliance with the Digital Personal Data Protection Act, 2023 and other applicable laws. We will handle your details responsibly and use them to enhance your experience with us. For more information on how we process your data and your rights, please refer to our privacy policy and terms at https://www.eurekaforbes.com/privacy-policy and  https://www.eurekaforbes.com/whatsapp-terms-and-conditions.”