Brand Fulfilled Standard Installation & Demo Services Terms and Conditions Brand Services

Welcome to the terms and conditions ("Terms") for Brand Services (defined below) available on the website (https://www.viveks.com/) and the corresponding mobile site and mobile application (collectively, "Website"). These Terms govern your usage and receipt of Brand Services and are agreed between you and the brand providing the Brand Services.

Please read these Terms carefully before requesting / ordering for Brand Services on the Website. Your usage and receipt of the Brand Services shall signify your agreement to be bound by these Terms, as may be amended from time to time.

1. Brand Services

• The demonstration, installation and warranty services for certain products offered for sale on the Website may be fulfilled by the brand entity of the concerned product (such services, "Brand Services").
• For certain products, an option to avail Brand Services may be displayed on the product detail page, once you select such option a service order will be placed on the Website requesting the concerned brand to provide the Brand Services. However, for other products Brand may reach out to you for your acceptance / confirmation on the Brand Services.
• Brand Services is provided and fulfilled solely by the concerned brand. It is clarified that Viveks is not involved in the provision, fulfilment or performance of the Brand Services in any manner.
• Apart from these Terms, the brand may impose its own terms and conditions for performance of the Brand Services, which may or may not be available on the Website, you agree to comply with such terms and conditions as and when the concerned brand communicates the same to you and in the manner specified by the brand.
• Any queries, complaints or issues pertaining to the Brand Services must be addressed to the brand. Viveks will not (nor be liable to) mediate or resolve any issues or disagreements between you and the brand.

2. Delivery or Performance of Brand Services

• For the performance of the Brand Services, the brand or we (on behalf of the concerned brand) may contact you to coordinate for the details on the performance of the Brand Services. On being contacted, you need to specify the date and time for the appointment for the performance of Brand Services.

3. Your Contract with the Brand

• For the products you have an option to place request to avail Brand Service on the Website, an email confirming receipt of your order and its details is dispatched to your registered email address ("Order Confirmation E-Mail").
• The Order Confirmation E-mail is an acknowledgement that your order has been received, and does not confirm acceptance (by the brand) of your offer to avail the Brand Service selected by you in the order. You will receive an e-mail confirmation from the Brand for the performance of the Brand Service (the "Installation Confirmation E-mail/SMS").
• Your receipt of Installation Confirmation E-mail/SMS will confirm the acceptance of the Brand Services by the Brand. Viveks and/or brand shall share details of the concerned representative allocated to perform the Brand Service.

4. Availability and Fee and Cancellation

• Details with respect to availability of a particular Brand Service will be mentioned on the detail page of the Brand Service. Further, certain Brand Services may be available only with respect to particular brands of products, the details of which will be available on the detail page of the relevant product listed on the Website.
• Additional material may be required for provision of Brand Services. In such case, you will be liable to bear the cost of any such material. This transaction constitutes an independent arrangement between you and the brand and will not be governed by these Terms.
• You may cancel your Brand Service request, at any time until the start time of the Brand Service, once the performance of the Brand Service starts, the Brand Service request cannot be cancelled. Any cancellation request post expiry of the aforesaid period shall not be valid, and shall require you to disburse payment anyway.
• In addition to the above, if a product in respect of which the Brand Services has already been performed is returned by you, you will be charged for the Brand Services and you hereby grants consent to Viveks to adjust such payment against the refund for such return product.

5. Alteration or Amendments to the Terms

• Viveks and/or Brand reserves the right to make changes to the policies for fulfillment of Brand Services, and these Terms at any time without prior notice. You will be subject to the policies and Terms in force at the time you avail the Brand Services. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

6. Events beyond our reasonable control

• Neither brand nor any of its affiliates will be held responsible for any delay or failure to comply with the stated obligations under these Terms or to provide Brand Services to you, if the delay or failure arises from any cause which is beyond the reasonable control of either the brand or the concerned affiliates.
• Also, Viveks will not be held responsible for brand’s failure to make available the Brand Services on the Website, if the delay or failure arises from any cause which is beyond the reasonable control of Viveks and/or brand. This condition does not affect your statutory rights.

7. Waiver

• If you breach these conditions and no action is taken against you, the brand (as applicable) or its affiliates will still be entitled to use their respective rights and remedies in any other situation where you breach these conditions.

8. Communications

• When you send e-mails to Viveks or visit the Website, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order on the Website. We may communicate (on behalf of the concerned brand) with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us and/or the brand with respect to your order. Amazon may communicate with you directly or through its affiliates. You permit Viveks to share your contact details with the concerned brand to enable it to perform Brand Services. You understand that the brand may reach out to you directly (without any involvement of Amazon) for the performance of Brand Services.

9. Disclaimer

• Brand Services or any information in relation thereto is provided, and are displayed on "as is" and "as available" basis without any representation or warranties, express or implied, to the maximum extent permitted by applicable law. Without prejudice to the foregoing, Viveks or its affiliates do not warrant that the Brand Services will meet your requirements or will be free of errors or deficiency. Viveks or its affiliates will not be liable, in any manner whatsoever, for any conduct, behaviour or actions of brand and/or service providers in connection with the Brand Services performed for you or any loss caused due to use of additional material procured by such brand and/or service provider. You agree and acknowledge that the use of the Brand Services offered on the Website is at your sole risk.

10. Limitation of Liability

• In addition to other limitations and exclusions in the website's conditions of use, in no event will Viveks or its affiliates or their respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to brand services. These exclusions and limitations of liability will apply to the fullest extent permitted by law.

10. Governing Law and Jurisdiction

• These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

Split Air-Conditioners

Covered under standard installation:

• Drilling on the wall to create a cavity/hole to facilitate routing of the pipes/tube from indoor unit (IDU) to outdoor unit (ODU).
• Installation of the copper and the drainage pipe, connecting indoor unit (IDU) to Outdoor (ODU) using standard wire/pipe length provided by manufacturer.
• Connection of separately purchased stabilizer and electrical connections to the AC unit.
• Cooling performance check and product demonstration.
• Installation charges to be paid directly to brand engineer at the time of installation.

Pre installation site readiness:

• Plug /Plug Point or MCB with suitable Wiring within 1 Meter of the IDU Unit.
• Any Scaffolding or other Requirement for Installation of the ODU.
• Unit will not be installed in case there is no Provision for ODU (Accessibility / Safety /Future Service).
• Meter Capacity to be at least 15 A for Single Phase.
• Separate MCB with at least 25 A MCB and 15 A Plug Point to be provided.
• 2.5 Sq MM Separate wiring from mains up to AC plug Point.
• Proper Earthing.
• In case of Power Fluctuations Stabilizer with High Voltage/Low Voltage Cut off to be used.
• For 2 ton suggested for 3 phase meter with AC on connected to 1 Phase.
• Beyond 2 ton Contact Voltas for proper guidance.
• Installation cannot be done on load bearing beam.
• Precut space on grill/wall for the appropriate size of AC.

Window Air-Conditioners:

Covered under standard installation:

• Inserting the AC in the pre-cut grill space.
• Sealing the border gaps with Heat insulating material.
• Connection of separately purchased stabilizer and electrical connections to the AC unit
• Cooling performance check and product demonstration.
• Installation Charges to be paid directly to brand engineer at the time of installation.

Not covered under standard installation:

• An additional voltage stabilizer is recommended if there are voltage fluctuations in the area.
• Wiring extension from Electricity Meter to Installation site, Power point/MCB fitting and any other Electrical work.
• Any extra copper wire length that might be needed for installation Grill/glass cutting and welding work.
• Dismantling/Shifting of old AC - Charges Applied.
• Important information on AC capacity and room size: Please refer tonnage calculator or contact brand customer care to decide on AC capacity (tonnage) for a given room size. Please note that brand technicians may deny installation if the AC capacity is below threshold for a given room size, as it affects cooling & compressor performance that nullifies the warranty. Below is the recommended AC capacity for the various room sizes - Room size less than or equal to 120 sq. ft. -> Less than or equal to 1.2 Ton Room size between 121 to 179 sq. ft. -> 1.4 to 1.5 Ton Room size greater than or equal to 180 sq. ft. -> 2 Ton or above.

Note:

• Brand may not honor warranty if installation/demo is not carried by Brand / Viveks authorized partner.
• For any AC brands if any extra material used from customer end for installation then labor charges will be charged to customer apart from standard installation charges.

Brand Service and Installation Contact Numbers