AMARON TERMS & CONDITIONS OF E-COMMERCE SALES

The website, www.amaron.com (the "Website"), is owned and operated by Amara Raja Energy and Mobility Limited (formerly known as Amara Raja Batteries Limited) (the "Company"/ "we"/ "our"), having its registered office at Renigunta - Cuddapah Road, Karakambadi, Tirupati - 517520, Andhra Pradesh, India and corporate office at "Terminal-A", 1-18/1/AMR/NR, Nanakramguda, Gachibowli, Hyderabad - 500 032, State of Telangana, India.

The terms and conditions (the "Agreement") contained herein shall govern your use of the Website including all pages linked to this Website.

You are advised to read the Agreement carefully before you proceed to use this Website. In the event you do not agree to the terms and conditions of this Agreement, you may refrain from using this Website.

This Agreement between you and the Company forms an electronic record within the meaning of the applicable laws in India. This Agreement is generated by a computer system and does not require any physical or digital signature. By proceeding to use our Website and/or place orders through it, you hereby agree to the terms and conditions of this Agreement and be legally bound by the same.

1. Definitions:

For the purpose of this Agreement the terms herein shall have the meaning as given below:.

• 1.1 "Customer" shall mean any person, including natural and juristic persons, who place an order for the Product(s) listed on the Website by creating a customer account.
• 1.2 "Defect" shall mean any fault, imperfection, or shortcoming in the quality and/or standard which is required to be maintained by or under any applicable laws of the time being in force in India.
• 1.3 "Delivery Partner" shall mean the local representative partner responsible for the delivery of the Order to the Customer, which may include the franchisee appointed by the Company and/or the retailer appointed by the franchisee.
• 1.4 "Order" shall mean an order for the Product(s), initiated and processed through the Website.
• 1.5 "Personal Data" shall mean any information that can identify a Customer either directly or indirectly in combination with other information collected by the Company.
• 1.6 "Product" shall mean the AMARON® range of products manufactured and listed by the Company for sale on the Website.
• 1.7 "User" shall mean any person who visits the Website for any purpose whatsoever and includes the term "Customer" and may be referred to as "you" for the purposes of this Agreement.
• 1.8 "Warranty Period" shall mean the duration specified in the Warranty Card, starting from the date of delivery of the Product, during which you may claim free replacement or Pro-Rata Discount (as per the warranty terms provided in the Warranty Card).

 

2. Conditions of Sale:

 

2.1 Your Account:

a) Registration: In order to place your Order for the Product(s) of your choice on our website you are required to register with us by creating an account ("Account"). You may register with us by creating an Account ID using your mobile number and/or email ID and generating a password (the "Sign - In Details") and providing such other details that may be necessary in furtherance to placing your Order including but not limited to name, address for delivery and address for communication.

b) Access: You may access your Account by using your Sign-In Details to log in.

c) Safety and Security: You are advised to maintain strict confidentiality of your Account ID and password in order to secure and/or safeguard your personal details and regularly change your password to secure and/or safeguard the details provided in your Account from any unauthorised access. In the event of any reasonable suspicion and/or belief, you are strongly advised to immediately change your password.

d) Deletion or Suspension of Account: The Company reserves the right to delete or suspend your Account at its sole discretion in the event your Account is violative of any law for the time being in force and/or any policy of the Company.

3. Order, Acceptance, Delivery, Cancellations and Returns:

 

3.1 Order Payment:

a) In order to place an Order on our Website, you are requested to make the necessary payment towards the purchase of the Product(s), including but not limited to applicable bank charges, shipping charges and taxes in accordance with law, for the time being in force. Installation charges shall be extra.

b) You may make your choice of payment either by way of the online payment gateway (the "OPG") through merchant banking or by way of paying cash on delivery (the "CoD").

c) In case of online payment, you shall be redirected to the website of the OPG for making the payment towards the purchase of the Product(s), which is solely owned and operated by the OPG. Your use of the OPG will be as per the terms and conditions of the OPG available at its respective website. The Company shall not be responsible for any failure and/or discrepancy in any payment. In all such event(s), kindly contact your banker and/or such other mechanism as specified by the OPG. The Company shall not be liable for any grievance arising therefrom.

d) In case you choose to make payment upon physical delivery of the Product(s) to you, you shall make payment in cash or through UPI to the Delivery Partner at the time of handing over the Product to you.

3.2 Order Confirmation:

a) Upon successfully placing the Order, you shall receive the following as proof of the payment and/or purchase,

• i) Payment Confirmation, and/or
• ii) Order Acknowledgement and Amaron Delivery Code.

through the following means:

• i) registered mobile number, and/or
• ii) registered email.

 

3.3 Delivery of Order and Proof of Delivery:

a) Amaron Delivery Code: You shall provide Amaron Delivery Code at the time of delivery of the Product. The delivery and sale of the Product shall be complete, in all regards, once you have shared the Amaron Delivery Code with the Delivery Partner.

b) Invoice: Upon physical delivery of the Product, you will be provided a copy of the "Invoice" which shall be signed by you or your authorised signatory. The signed Invoice shall be proof of delivery of the Product,

c) Wrong Details: In the event that you provide wrong and/or incomplete details to the Company, the Company shall not be responsible for non-delivery or delay in delivery as a result thereto .

d) Return: You shall not be entitled to return the Product once the Amaron Delivery Code is shared with the Delivery Partner. You shall have the right to inspect the Product for any visible damages before sharing the Amaron Delivery Code with the Delivery Partner. In the case of any visible damages that may be detected by you at the time of unpacking the Product, you shall not share the Amaron Delivery Code with the Delivery Partner and immediately initiate the cancellation and refund process.

e) Installation: It is recommended that the Product is installed by the Delivery Partner of the Company. The Customer is requested to provide adequate and safe space and surroundings to the Delivery Partner at the time of installation. The Company shall not be held responsible for any faulty installation completed by any person other than the Delivery Partner or any installation completed in violation of the terms and guidelines of the Warranty Card. In case you need any assistance in this regard, you are requested to contact the Delivery Partner at the number provided in the Invoice or you may contact our customer service (AMCARE) at 1800-425-4848 or write to us at customercare@amararaja.com.

3.4 Cancellation of Order:

a) Conditions of Cancellation: You shall be entitled to cancel the Order prior to sharing the Amaron Delivery Code with the Delivery Partner. You can place such a cancellation request and initiate a refund on the (i) Website of the Company and navigate to your orders page, and/or (ii) by calling our customer service (AMCARE) representative at 1800-425-4848.

b) Deemed Cancellation of Order: In the event that the Company, due to unforeseen circumstances, is unable to deliver the Product within 72 hours from the date of Order confirmation, the Order shall be deemed to be cancelled. The Company shall promptly initiate a refund for any amounts pre-paid by the Customer for any such cancelled Order.

c) Refund upon Cancellation: You shall be entitled to refund only in the event, (i) the cancellation is in the terms of the aforementioned conditions, and (ii) upon receipt of written confirmation of such refund by way of message and/or email specifying the period within which the Company shall initiate such refund, which will be not exceeding 14 working days, without any further liability to the Company in any manner whatsoever.

d) Ineligibility: For any reasons whatsoever, in the event that the Product is used and/or installed by you and/or mishandled or damaged by you prior to sharing the Amaron Delivery Code, you shall not be eligible to cancel and/or claim any refund, unless such unpacking reveals visible damages. If visible damages are detected, please notify the Delivery Partner immediately for further assistance with initiating cancellation.

e) Inadvertent or Typographical Error(s): In the event that any Product is listed with an incorrect price due to any inadvertent or typographical error(s), the Company shall be entitled to cancel any Order placed for the Product listed at the incorrect price, whether or not the Order has been confirmed and the payment has been processed. In such an event, the refund for the amount debited shall be initiated within 14 working days by the Company from the date of such cancellation.

3.5 Defect of Product:

a) Warranty:

• i) The Product, so delivered to you, shall be subject to warranty and shall be strictly used in accordance with the terms and conditions provided therein. Any deviation and/or violation of such terms and conditions of use provided in the Warranty Card shall lead to cancellation of the warranty. In such a case, you shall not be entitled to claim any replacement, Pro-Rata Discount and/or benefits in relation to the Product.
• ii) The terms and conditions of the warranty shall be published on the Website. The Warranty Card shall be available to you upon logging into your Account on the Amaron Konnekt mobile application of the Company available at https://www.amaron.com/amaron-konnekt. The link for the same shall be relayed through any messaging platform upon your agreeing to receive such communication.

b) Discovery of Manufacturing Defect: Upon discovery of any manufacturing defect in the Product by you within the Warranty Period, you shall inform the Company of such defect and place a request for replacement on, (i) Website of the Company at www.amaron.com; or (ii) calling our customer service (AMCARE) representative at 1800 425 4848.

c) Replacement: A representative of the Company shall visit your registered address to evaluate any manufacturing defect in the Product. Upon satisfactory report of such defect, the Company shall initiate the process of replacement. You shall receive a written confirmation of the same by way of a message on your registered mobile number and/or your registered email. The Company has the sole discretion to accept or reject any such manufacturing defect claim raised by you.

d) Exclusion from Warranty Coverage: The Company shall not be under the obligation to process your request for replacement/Pro-Rata Discount of the Product under the following circumstances:

• i) In the event, a request for replacement/Pro-Rata Discount is made after the expiry of the Warranty Period.
• ii) In the event of discovery of any damage to the Product, physical or otherwise, caused by you and/or your negligence.
• iii) In the event that any operating guidelines and/or the terms and conditions mentioned in the Warranty Card are breached by you.

 

3.6 Purchase of Used and Waste Battery:

a) Buy-back Battery:

• i) You shall be entitled to return the used and/or waste battery against the purchase of a new battery from the Company, the exchange value (the "Rebate") of which shall be determined upon verification of the age and quality of the battery along with presentation of the original Invoice during the physical verification of the battery. Such Rebate shall be determined solely by the Company and shall be fixed and non-negotiable in any manner whatsoever.
• ii) For the Rebate to apply, the used and/or waste battery shall be similar to the new battery. In case the old battery is not similar, Rebate shall be granted at the discretion of the Company.
• iii) You shall return your used and/or waste batteries to the authorised Franchisee or its retailer.

b) Disposal of Used and/or Waste Battery: You shall adhere to the Battery Waste Management Rules, 2022 to ensure proper disposal of the used and/or waste battery as provided on the Website of the Company at https://www.amaron.com/battery-recycling.

c) Customer Responsibility: It will be your responsibility to (i) discard waste batteries separately from other waste streams, especially from mixed waste and domestic waste streams; (ii) to ensure that waste batteries are disposed of in an environment friendly manner by giving them to an entity engaged in collection or refurbishment or recycling.

4. Terms of Use of the Website

 

4.1 Data Protection and Privacy

a) The data protection and privacy policy of the Company is available at https://www.amaron.com/privacy-policy for your ready reference (the "Privacy Policy").

b) In furtherance to processing your request, you will be required to share your Personal Data through the electronic medium including but not limited to Website, mobile application and email.

c) The Personal Data provided by you to the Company shall be treated as strictly confidential and take all such reasonable security measures to keep your data safe and secure in accordance with the applicable laws, rules and regulations governing data protection and privacy in India.

d) By submitting your Personal Data with us, you agree to the same being shared with our Depvery Partner in furtherance of the "limited purpose" of providing services to you.

e) You shall be entitled to request deletion of your Personal Data at any time post-completion of the services requested by you.

f) In the event of any query and/or clarification in relation to the privacy of your data, you are requested to write to our Data Protection Officer by filling out the following https://www.amaron.com/terms-and-conditions/form or by writing to us at:

Amara Raja Energy & Mobility Limited "Terminal - A" 1-18/1/AMR/NR Nanakramguda, Gachibowli Hyderabad - 500032 State of Telangana, India

 

4.2 Confidentiality

a) All non-public, confidential, or proprietary information of the Company, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates disclosed by the Company to a Customer, whether disclosed orally or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with the Agreement (collectively, "Confidential Information"), is confidential, solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized in advance by the Company in writing.

b) Upon the Company's request, a Customer shall promptly return all Confidential Information, documents, and other materials received from the Company. The Company shall be entitled to injunctive relief for any violation of this clause. This clause does not apply to information that is:

• (i) in the public domain;
• (ii) known to the Customer at the time of disclosure by the Company; or
• (iii) rightfully obtained by a Customer on a non-confidential basis from a third party.

 

4.3 Intellectual Property

a) The domain name of the Website, the brand name and the logo of the Company including but not limited to any other logos, marks and scripts that are displayed on our Website are trademarks of the Company and they are protected under the applicable laws.

b) All the contents included on the Website, such as text, graphics, user interfaces, visual interfaces and computer code (the " Content ") on the Website is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected under the applicable laws.

c) You are prohibited from deciphering and/or decompiling and/or disassembling and/or reverse engineering any of the Content owned by the Company in any way whatsoever.

d) You are prohibited from performing any activity that is likely to affect the trademark, or Content of the Company in general and in case of any infringement the Company shall have the right to take legal action as prescribed under the relevant laws.

 

4.4 Electronic Communications

a) You understand and agree that when you visit the Website of the Company and/or send emails to the official email of the Company, you are communicating with us electronically in accordance with the laws governing data protection and privacy in India.

b) We may communicate with you by e-mail, telephone, mobile phone, message, by posting notices, and/or live chat messaging (whether through chatbot or manual) on the Website or by any other mode of communication.

c) You understand and expressly consent to receive communications that are promotional and/or commercial in addition to receiving messages in furtherance to services requested by you.

d) You understand and agree to be of legal age of majority to submit data with us to send messages to us and/or receive messages from us.

4.5 Third-Party Links

a) While accessing our Website, you may find some third-party website links (the "Third Party Links") on the website and/or webpage. You understand that the Third Party Links do not belong to the Company and shall not bind the Company in any manner whatsoever.

b) By using the Third Party Links, you shall be bound by the terms and conditions of use and/or policies of such third party service providers. Any grievances arising therefrom shall be dealt by the respective third Party. The Company shall not be held responsible and/or held liable for any grievance arising out of the actions of such third party service providers. .

4.6 Prohibited Activity

a) You are requested to use this Website only if you're above the age of 18 (eighteen) years as the terms and conditions of this Website shall form a legally binding contract under the applicable laws in India. In the event you are a minor, you should be accompanied by your parents/legal guardians.

b) You shall not interrupt or damage the Website or access it in any way that causes or is likely to cause any malfunction and/or hindrance in its functioning.

c) You shall restrain from using the Website for any of the following prohibited activities:

• i) Submit any content containing malicious computer code, files, scripts, agents, programs, or computer contaminants such as viruses, worms, time bombs, Trojan horses, or spyware.
• ii) Collect and compile information on the platform to make a database.
• iii) Use the Website for any purpose, including but not limited to creating user accounts by automated or non-human means, whether through a bot, script, or otherwise for false pretenses.
• iv) Purchase products for further commercial activity without the authorization of the Company (the "Reselling").
• v) Use brokers or buying agents to make purchases on the site.
• vi) Circumvent, disable, or otherwise interfere with security-related features of the Website.
• vii) Use the contents of the Website to establish a deceptively similar competing website or use the content for any revenue-generating endeavor or commercial purpose.
• viii) Carry out any activity that is unlawful using any information provided on the Website or in any manner using Website resources.

 

4.7 Representation and Warranty

a) By accessing this Website, you represent and warrant the following:

• i) The Website and Products are offered on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.
• ii) Any information you have provided on or through the Website is accurate and the use of such information you provide will not violate any policy of the Company/third party agreements or cause harm to any third party .
• iii) By using the Website, you agree to be in full compliance with all applicable laws, rules, regulations, and guidelines in force at the time of acceptance of this Agreement.
• iv) The Company is not liable for any information or content posted by you or any other third party on the Website.
• v) The Company shall not be held responsible if the Website or the Products included in the Website do not meet your requirements.
• vi) The Company makes no warranty that the content available on the Website is accurate, reliable, complete, or timely.
• vii) The Company makes no warranty that the use of the Website shall be uninterrupted, timely, or hassle-free and that the quality of the Website will meet your expectations.
• viii) The Company shall not be held responsible and/or liable for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or any other reason beyond the control of the Company.

 

5. Indemnification

You agree to release, indemnify, defend, and hold harmless the Company, and any of its Delivery Partners, Franchisees, contractors, agents, employees, officers, directors, shareholders, affiliates, and assignees from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of any violations of these terms and conditions of this Agreement.

6. Limitation of Liability

a) The entire liability of the Company, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this Agreement is solely limited to the amount you paid, less shipping and installation charges, for the Products purchased through the Website.

b) The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising in connection with this Agreement or the products in any manner, including liabilities resulting from:

• i) The use or the inability to use the Website content or Products.
• ii) The cost of procuring substitute Products.
• iii) Any products purchased or obtained or transactions entered into through the Website; or any alleged loss of profits.

 

7. Violation of Law

The Company may, at its sole discretion and without prior notice, terminate or block your access to the Website if you have violated the terms and conditions of this Agreement.

8. Customer Service (AMCARE)

a) In case of any queries or grievances, you may do the following:

• i) Click here and provide the necessary details.
• ii) Give a call to 1800-425-4848 (Toll-Free customer service number).
• iii) Drop in an email to customercare@amararaja.com.

b) You shall receive a ticket or complaint number on your registered mobile number and/or email within 48 hours.

c) You may track the status of your ticket or complaint by using your ticket or complaint number on https://www.amaron.com/contact.

 

9. Dispute Resolution and Grievance Redressal

a) In case of any grievances, you are requested to reach out to our Grievance Redressal Officer at:

Name: Kishore Kumar A

Designation: Manager

Number: +91 40 2313 9109

Email: grievance@amararaja.com

Address: Amara Raja Energy & Mobility Limited "Terminal - A" 1-18/1/AMR/NR Nanakramguda, Gachibowli Hyderabad - 500032 State of Telangana, India

b) Any grievance remaining unresolved as per Clause 9(a) for a period of over 30 business days may be resolved by filing a consumer complaint as per the applicable laws.

c) Irrespective of anything contained herein or otherwise, the Company may seek injunctive relief against you for any threatened loss and/or damage.

10. Governing Law and Jurisdiction

10.1 This Agreement shall be governed and/or interpreted in accordance with the laws of India.

10.2 Any action, suit, proceeding or claim arising under or by reason of this Agreement ,shall be subject to the exclusive jurisdiction of the courts in Tirupati, Andhra Pradesh, India.

11. Waiver

Any inaction by the Company for any violation of this Agreement by you shall not be deemed to be a waiver of the rights and remedies available to the Company.

12. Severability

In the event any clause of this Agreement is found to be violative and/or inconsistent with any law that is in force at the time being, such clause shall be inoperative to that extent without affecting the validity and enforceability of any of the other remaining clauses.

13. Force Majeure

The Company shall not be liable and/or responsible for failure and/or delay in fulfilling or performing any of its obligations under this Agreement in case such failure or delay is due to any condition beyond the reasonable control of the affected Party including, but not limited to, (a) acts of God including pandemic, epidemic, earth quake, storm, tornado, hurricane, cyclone, flood, tsunami, et cetera, (b) man-made disasters including war, battle, terrorism, naxalism, mutiny, riot, explosion, sabotage, et cetera and (c) unavailability of, interruption, delay or failure of telecommunication or digital transmission links, or third party services, failure of third party software or hardware, Internet disruptions, slow-downs or failures, or other such transmission failure, cyberattacks, mechanical breakdown, power failures, strike or other labour disputes or slowdowns, plant shutdown, unavailability of or interference with the usual means of transport et cetera (the "Force Majeure Event").

14. Revision of Agreement

The Company reserves its rights to revise, modify or remove any clause of this Agreement at any time and the same shall be published as the updated Terms and Conditions (the "Updated Agreement") on the Website. In the event of updates to this Agreement, the Company shall notify you of the same by way of message and/or email and/or by way of a disclaimer on the Website.