Nikon India Private Limited (“Nikon India”) – Annual Maintenance Contract – Terms and Conditions

BY ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON YOUR INVOICE, YOU (“CUSTOMER”) AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS (THE “ANNUAL MAINTENANCE CONTRACT” OR “AMC”) WILL SUPPLEMENT THE TERMS AND CONDITIONS OF ANY APPLICABLE OVERRIDING WARRANTY OR ANY OTHER TERMS AND CONDITIONS OF SALE IN RESPECT OF YOUR NIKON PRODUCT

1. Products Covered (“Covered Product”). Any reference to “Camera”, “Lens” or “Equipment” in this AMC, means the specific Nikon-branded product purchased by you excluding any accessories that may have been part of your purchase. Under no circumstances would any non-Nikon branded equipment be covered. The Equipment covered under this AMC is described in your invoice.
2. Scope of Services.
   1. Service Packs. You may choose the service benefits to be provided on your Equipment pursuant to the AMC. The options available to you in this regard are reflected as the various service packs shown at the Nikon India website
   2. Effective Date. The service pack you have chosen and the date from which it comes into effect (“Effective Date”) is recorded on your invoice.
   3. No spare parts. Cost of any part replacement (if required) would be borne by the Customer and it will not be covered under the AMC.
   4. Out of scope services. With regard to any services that are not within the coverage of this AMC, it will be within Nikon India’s discretion whether to perform the services, and, if Nikon India elects to perform the services, the services will be subject to an additional charge to be paid by the Customer.
   5. Limits of Services. This AMC extends only to Equipment genuinely purchased by the Customer, which would include Equipment purchased from the original purchaser or a subsequent transferee, as long as all transfer procedures have been complied with. This AMC extends only to uses for which the Equipment was designed. It comes into effect on the Effective Date and  expires on its end date as mentioned on the invoice, unless renewed as per the agreed terms.
      
      LIMITATION OF REMEDY. YOUR EXCLUSIVE REMEDY AND NIKON INDIA’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AMC IS THE SERVICE PROVIDED ON THE EQUIPMENT IN ACCORDANCE WITH THIS AMC. NIKON INDIA DOES NOT PROMISE THAT THE EQUIPMENT WOULD BECOME ERROR FREE AFTER PROVISION OF SERVICES. NIKON INDIA’S ENTIRE LIABILITY ARISING FROM THIS AMC WILL BE THE PAYMENT OF ANY ACTUAL DAMAGES SUFFERED BY THE CUSTOMER NOT EXCEEDING THE CHARGES PAID FOR THE SERVICE COVERED BY THIS AMC. UNDER NO CIRCUMSTANCES WILL NIKON INDIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AMC, OR OUT OF THE USE OF, OR INABILITY TO USE THE EQUIPMENT, OR OUT OF THE USE OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER.
      
      Neither Nikon India nor Customer may institute any action in any form arising out of this AMC more than three (3) months after the cause of action has arisen.
3. Customer Responsibilities.
   To receive service and support, you are responsible for complying with the following:
   1. Establish ownership of the Equipment. At the request of Nikon India, you would be required to establish the ownership of the Equipment that is to be serviced by this AMC or show the authority from the owner to include such Equipment under this AMC.
   2. Valid Annual Maintenance Contract. Nikon India must have received payment for the Annual Maintenance Contract in respect of the Equipment for which services are being taken.
   3. Visiting the service center. In order to avail the services under the Annual Maintenance Contract you would be required to visit any of the service centers mentioned in the list available on Nikon India website, and announce the existence of the AMC before you provide the Equipment to the technician. If the technician requires some time to provide the services, you may either wait, or collect the Equipment later at the allotted time.
   4. Provide requisite information. You will provide the serial number of the Equipment and any other requisite details for creating and fulfilling the Annual Maintenance Contract.
   5. Explain Your Problem to the technician. You would have to describe the problem you may be having with your Equipment and provide other requisite details like when did it first occur; and what steps you may have already taken to solve the problem etc.
4. Termination.  Nikon India is not liable for any failure or delay in performance of the services hereunder due to any cause beyond its reasonable control. In any event, if Nikon India’s ability to render services is impaired by circumstances beyond Nikon India’s reasonable control, Nikon India may terminate the Annual Maintenance Contract, in which case, you will receive a refund for any unused portion of your service term for which you had paid.
5. General Terms.
   1. Term and Renewal. Prior to the expiration of your Annual Maintenance Contract, you may upgrade your service pack or renew your AMC based on available options then in effect.
   2. Refund. Except as mentioned in clause 4 above, the AMC purchased will not be refundable.
   3. Personal, confidential or proprietary information. Nikon India will comply with relevant privacy laws and the standards set for dealing with personal information as outlined in our Privacy Statement available at our website http://www.nikon.co.in/en_IN/about/privacy. You understand and consent that Nikon India may collect, store and use your personal information in order to provide the services under this AMC and for conducting limited marketing and promotional activities permitted by applicable law. Further, Nikon India may transfer your personal information to any agencies solely for getting assistance in respect of the foregoing. Further, you agree that any other information or data disclosed to Nikon India, online or offline, is not confidential or proprietary to you.
   4. Entire agreement. This Annual Maintenance Contract is the entire agreement between you and Nikon India with respect to its subject matter and neither party may orally vary the terms and conditions of this AMC.
   5. Assignment. Nikon India reserves the right to assign its rights and obligations under this AMC to a qualified third party designated by Nikon India without notice to you. However, you shall not be entitled to assign to any third party your rights resulting from this AMC or claims against Nikon India.
   6. Warranty Exclusion: Nikon India makes no warranty, either express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. Nikon India expressly disclaims all warranties.
   7. Dispute resolution. Any dispute or differences arising between the parties hereof, shall be subject matter of arbitration under the Arbitration and Conciliation Act, 1996 and any subsequent related amendments thereto unless settled amicably between the parties. The arbitration proceedings shall be held at Delhi. The decision of Arbitrator on the dispute shall be final and binding on both the parties.
      
      Subject to the foregoing, the courts at Delhi shall have exclusive jurisdiction in all matters arising out of this AMC or any arbitration thereunder.