Terms and conditions of Livpure Product Lease Offer
Acceptance of the Livpure Product Lease Offer is subject to the following terms and conditions:
This Product lease shall be effective from __________ and, unless terminated in accordance with the terms hereof, shall remain in force for a period of 2 years thereafter. The lease may be renewed for such further period as may be agreed to between the parties.
The lease may be terminated:
By the Customer, post completion of 6 months (“Lock-in Period”) by giving at least 30 days’ notice in writing.
By the Customer, before 6 months (“Lock-in Period”) by paying an amount of Rs. 5000(Five Thousand) only.
By Livpure, if Customer defaults in payment of uses charges or fails to observe the terms and conditions herein.
In the event of termination or early expiration of the lease:
The Customer shall pay for the Product usage charges so long as the Product remains in the custody of the Customer.
The Customer shall allow Livpure to uninstall the Product and forthwith return to Livpure, the Product and every part thereof, which may be in or under the Customer's control, without demur or protest and without making any claims or demands whatsoever.
Livpure shall be entitled to recover the damages for any loss or damage caused to the Product (save normal wear and tear) out of the security/Cheque amount levied by Livpure.
Livpure shall install the Product at the location of the Customer's premises (“Premises”) upon receipt of confirmation of the order for installation from the Customer.
The Customer shall have exclusive right to use the Product without any interference from Livpure, subject to payment of usage charges and the security deposit for the Product installed in the Premises. The said security deposit shall be refundable within a period of 30 days on the expiry or earlier termination of the lease.
The usage charges shall be paid in advance monthly or quarterly, as applicable. The mode of payment shall be post-dated cheques or Electronic Clearance Service (ECS). If the Customer fails to pay the usage charges on time, Livpure shall have the right to charge an interest @ 24% p.a. till the date of actual payment and shall also have the right to repossess the Product.
Livpure shall carry all routine maintenance and repair of the Product that may be required from time to time free of cost. In case of any major repair to the Product, the Customer shall notify Livpure and, if required, Livpure will repair/replace the worn-out parts of the Product. If any repairs are required due to the Customer's negligence in operations, or unsafe operations, the cost for repair of the Product would be borne by the Customer.
The Customer shall be entitled to upgrade/replace the Product to suit the changed water conditions of his/her residence subject to the terms and conditions. The Customer undertakes to pay extra cost, if any, in case the change in Product is on account of change or up-gradation in technology.
The Customer acknowledges that the Customer has been offered a reasonable opportunity of examining the Product and has exercised his/her discretion in acceptance the Product.
The Customer agrees, confirms and undertakes that:
The Customer has full right and entitlement to enter into this lease.
The payment of usage charges shall be honoured as per the agreement offer and without any reference, hindrance, delay, deduction, set off, for any reason in any manner whatsoever and shall not be connected with the state of use of Product, or any claim for service, quality, etc.
The Customer confirms that the Product is the property of Livpure and the Customer shall not sell, offer for sale, mortgage, pledge, sub-lease, create lien or any third party interest, or otherwise deal in any manner, detrimental to the interest of Livpure, and shall always protect the Product, against distress, execution or seizure.
The Customer shall take such care of the Product as a prudent person shall take care of his own property.
In case the Customer wishes to change the place of the Product to a new location, the Customer shall make necessary logistics arrangement for transportation of the Product to new locations without any damages. If the Product is damaged during the transportation, the Customer shall make good the same to Livpure.
The Customer shall not withdraw/stop-payment the post-dated cheques or shall not change the ECS mandate, given towards rental payment, or act in a manner by which the bank is compelled to dishonour the payment of usage charges. In case, Livpure had to incur any expenses due to failure on part of the Customer to honour the payment of usage charges as agreed herein, the Customer shall indemnify Livpure for all such charges, expenses, cost and damages. Provided however that the Customer may replace the post-dated cheques or change the ECS mandate with 30 days’ prior notice to Livpure.
In case of loss or damage to the Product during the term of lease, the Customer shall indemnify Livpure to the extent of written down value of the Product. The Customer confirms and agrees that Livpure shall have sole authority to decide on the extent of damage caused to the Product.
Livpure representative shall have authority to visit the Premises of the Customer to check the performance of Product with prior permission of the Customer, which the Customer shall not unreasonably withhold.
The Customer shall provide such documents as may be required by Livpure including residence, identity and income proof of the Customer.
The Customer shall observe the terms and conditions specified herein.
The Customer shall be entitled to reinstall the Product to a new location provided that the new location is owned/leased/ licensed by the Customer. The Customer shall inform for such reinstallation to Livpure at least 15 days in advance. Reinstallation of the Product will be at extra cost to be confirmed by Livpure in advance.
The Customer shall indemnify and hold Livpure harmless from any and all claims, liabilities, judgment, losses, damages, cost and expenses, asserted against Livpure by any person or entity not a party to this lease which results from any cause attributable to the negligence or deliberate act of the Customer.
Any notice provided for or concerning this lease shall be in writing and be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party.
This lease, its validity, performance and all other questions arising hereunder, shall be governed by and construed in accordance with the laws in India. The Courts of Delhi, India shall have exclusive jurisdiction.
Agreed and Accepted
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