Conditions of Bosch Limited (India)
EDITION:Mar2022

1. THESE TERMS
1.1 What these terms cover and who can order repair services.
These are the terms and conditions on which we, Bosch Limited, India (“Bosch” or“we”
or “us”), supply repair online services to you (“you” or “your” or “Contracting Party”).
These terms apply where you, as a Useroras a trader, purchase repair services on the
Repair Online portal (“Portal”).
The Portal and the ordering of repair services on the Portal is exclusively reserved for
Users and traders. For the purposes of these terms, a “User” is any natural or legal
person, when entering into the contract, is acting for purposes relating to own usage or
that person’s trade, business, craft or profession whether acting personally or through
another person acting in the trader’s name or on the trader’s behalf.In addition to these
terms, you agree to comply with the Terms of Use of the Portal.
For the avoidance of doubt, these terms do notapply in case you have entered into a
separate agreement with us, which specifically covers terms and conditions for repair
services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Bosch Limited, a company incorporated in India with company registration
number CIN: L85110KA1951PLC000761, whose registered office is at c/o Bosch
Limited, PA-AT Complex, Hosur Road, Adugodi, Bengaluru, Karnataka-560030. Our
registered PAN number is PAN AAACM 9840 P2.2 How to contact us. You can contact
us by telephoning our Customer Contact Centre Team on 1800 425 8665 or by writing
to us at either bpt@in.bosch.com or Bosch Limited (Power Tools division), Post BoxNo:3000, Hosur Road, Adugodi, Bengaluru, Karnataka-5600302.3 How we may contact
you.
If we have to contact you, we will do so by telephone or by writing to you at the email
address or postal address you provided to us in your order.
2.2"Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR SERVICE CONTRACT WITH YOU
3.1 Repair Service.
Contracting Party is able tobook a repair service using our Repair Online form on the
Portal (subject to any changes which may be agreed with Contracting Party and Bosch
and confirmed in writing following submission of the online form). To do this, Contracting
Party will need to agree to these terms and conditions. The person booking the repair
service shall ensure they areauthorizedto act on behalf the Contracting Party and are
registered users of the Contracting Party’s account on the Portal. All users of the
Contracting Party’saccount on the Portal must be employees of the Contracting Party.
All orders that users undertake on the Portal shall be deemed to be the activities of the
Contracting Party and the Contracting Party shall ensure that all necessary powers of
representationand powers of attorney have been granted.3.2 Information provided by
you.
The information Contracting Party submits in the online form for the order of repair
services must be correct, complete and accurate. Should the address, product, warranty
or faultdetails be incorrect, we reserve the right to not carry out a repair service or
provide replacement spare parts and charge Contracting Party as detailed below.
Please note that we need the exact details of your product (product code and serial
number) inorder to carry out the repair and select the correct replacement spare parts if
required. These can be found on the nameplate of the tool. For warranty claims, proof of
purchase will also be required mandatory (The power tool has been purchased from an
accredited / authorized / recognized dealer)3.3 Package Requirements.
Products for return need to be securely packaged for transportation. The carrier may
refuse to take products which are not securelypackaged orpackaged in such a way as
to be dangerous tothe handler.Lithium-ionproducts may be classified as dangerous
goods for transportation under Indian Government law and require a specific packaging
and labelling process to be followed. Please call the contact Centre on 1800 425 8665
for further information.3.2Chargeable Repairs.
If a product is out of warranty, the repair will be chargeable. Even if a product is under
warranty, we may still have to charge for specific types of repairs. See clause 6 further
on charges. Please see our warranty terms
(a) for Professional products at https://www.bosch-pt.co.in/in/en/service/warranty.
(b) for DIY products at https://www.bosch-diy.com/in/en/service/warranty and detailed
conditions as IN_Terms_Conditions_Warranty.pdf.
3.3Under Warranty Repairs.
If a repairtakes place under warranty, the warranty does not restart. The proof of
purchase remains the start date for the warranty period. The warranty period for spare
parts fitted within the warranty period of the product ends with the expiry of the warranty
of the product as a whole.
3.4How we will accept your order.
We will email you a confirmation of receipt of order following receipt of your order. This
confirmation of receipt does not yet constitute binding acceptance.Our acceptance of
your order will takeplace when we email you an order confirmation, at which point a
contract will come into existence between you and us.
3.5If we cannot accept your order.
If we are unable to accept your order at the point of order confirmation or on a
subsequent date:
(a)due to the replacement parts being out of stock, unexpected limits on our resources
which we could not reasonably plan for or because we have identified an error in the
price or description of the services, we will inform you of this in writing, will return your
product to you without repairing it (unless otherwise agreed) and will not charge you for
the services.
(b) for reasons due to the incorrect content of a submitted order form, non-adherence to
the customer obligations or the product is unrepairablewe will inform you of this in
writing and issue you with a refund for the services. This might be because you have
incorrectly described the fault relating to the product and therefore the product is more
expensive to repair or unrepairable, the product has been incorrectly described as in
warranty, the repair does not meet the warranty criteria or only part of the repair is
covered by warranty, you have not adequately packaged the product for transit and it
has become further damaged, and you choose not to accept (where this is possible and
offered by us) a corrected price for the services. In such cases, we shall inform you of
this in writing, will return your product to you without repairing it (unless otherwise
agreed) and will not charge you for the services.
(c) due to the fact that (i) the product has been modified without Bosch consent;(ii)
product is incomplete (i.e. parts missing); or(iii) the product has not been stored, usedor maintained in accordance with Bosch’s oral or written instructions or if there are none
in accordance with good trade practice or any other party failed to follow Bosch's oral or
written instructions as to the storage, use and maintenance of the Goods or (if there are
none) good trade practice;. In such cases, we shallinform you of this in writing, will
return your product to you without repairing it (unless otherwise agreed) and will not
charge you for the services.
Please note that in order to inspect your product prior to undertaking the services, we
will have to dismantle the product, therefore, if we are unable to accept your order due
to any reason, the product will be returned to youat a nominal charge towards
estimation (please refer toOnline Repair Enquiry page).
3.6Your order number.
We will assign an ordernumber to your order and tell you what it is when we accept
your order. It will help us if you can tell us the order number whenever you contact us
about your order.
3.7Deliverywithin India.
Our Portal is solely for the promotion of repair services inIndia. Unfortunately, we do
not deliver to or collect from addresses outside of India. The availability of goods and/or
services, the delivery times and charges may vary depending upon the destination.
Delivery and collection is made by third party carriers (service providers).
3.8Product variance.
Repaired products and spare parts may vary in appearance from their previous form.
Although we will make every effort to retain the previous form of your product, in order
to adequately repair yourproduct,we may have to alter its appearance slightly. In
certain circumstances, following receipt of your product, we may suggest you a
replacement product as an alternative to repairing your product. The replacement
product may be different model/version to yourproduct.
3.9Future Faults.
Please note that a fault in the product in the future which shows similar symptoms
covered by the initial repair may be due to another fault or a different component. An
one (1) month service warranty period is provided for parts used in a repair that is
chargeable. Any existing warranty is separate to and unaffected by the warranty on new
parts.
4. COLLECTION OF PRODUCTS OR PROVIDING THE RETURNED PRODUCTS
4.1 Delivery costs.The costs of delivery will be included in the price displayed to you online.
4.2 When we will provide the products and services.
We will begin the repair services on the date agreed with you during the order process
and shall endeavour to complete the services within a reasonable time period.
We aim to review all repair requests within 5 working days subject to part availability
and workload. We shall keep you updated on the key stages of the repair of your
product.
If as part of the repair services, we need to replace the product or if we do not have the
relevant spare part available in stock, we will deliver the products to you as soon as
practicable but in any event, we aim to do so within eight (8) weeks.
Time for repair or delivery by us is only estimate and shall not be of essence.
A signature by a person who is authorised to sign on your behalf is required for all
deliveries and collections. An attempted delivery on the delivery date or collection on
the collection date means that we have delivered on time. Delivery and collection
windows shall bebetween08:00 to 18:00IST.
Please note that we reserve the right not to deliver or collect an order if we believe that
the address is not secure, for example, to a communal postal address or PO Box. If this
affects an order you place, we will notify you as soon as possible. We may not be able
deliver to certain addresses if Indian Government restrictions apply.
4.3 We are not responsible for delays outside our control. If our supply or collection of
the products or services is delayed by an event outside our control (including but not
limited to acts of god, flood, drought, earthquake or other natural disaster, epidemic or
pandemic, any law, measure, restriction or action taken by a relevant government or
public authority, fire, strike, trade dispute, non-performance by subcontractors and
suppliers, interruption and failure of utility system) then we will contact you as soon as
possible to let you know and we will take steps to minimise the effect of the delay.
Provided we do this, we will not be liable for delays caused by the event, butif there is a
risk of substantial delay, you may contact us to end the contract and receive a refund for
any services you have paid for but not received.
4.4 If you fail to take delivery of the product or arrange collection.
If no one is available at the delivery address to take delivery or arrange collection, we
will leave you a note informing you of how to rearrange delivery or collection or collect
the products from a local carrier collection point.
4.5 If you do not re-arrange delivery or collection.
If after a failed delivery or collection to you, you do not re-arrange delivery or collection,
or collect them from a local carrier collection point we will contact you for further
instructions and may charge you for storagecosts and any further delivery/collectioncosts. If we are unable tocontact,you or re-arrange delivery or collection we may end
the contract and dispose of your product after three months.
4.6 If you do not allow us access to provide services.
If you donot facilitate collection of the product as agreed to perform the services as
arranged,we may charge you additional costs incurred by us as a result. If, we are
unable to contact you or re-arrange collection of the product we may end the contract.
4.7 When you become responsible for the product.
The product will be your responsibility from the time we deliver the product to the
address you gaveus,or you collect it from us.
4.8 What will happen if you do not give required information to us?
We mayneed certain information from you so that we can supply the services to you. If
we have not requested this information on your order form for service, we will contact
you to ask for this information. If you do not give us this information within a reasonable
time of us asking for it, or if you give us incomplete or incorrect information, we may
either end the contract or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We will not be responsible
for supplying the products or services late or not supplying any part of the services if
this is caused by you not giving us theinformation,we need within a reasonable time of
us asking for it.
5. TERMINATION
5.1 Contracting Party may terminate the contract for repair services where we have told
Contracting Party about an error in the price or description of the service Contracting
Party has ordered and Contracting Party does not wish to proceed. In such case, the
contract will end immediately.
5.2 Wemay end the contract for repair services at any time by writing to Contracting
Party if Contracting Party commits a serious breach of these terms and, where such
breach is remediable, fails to remedy the breach within 10 business days of receiving a
notice from us giving details of the breach and requiring it to be remedied.
Such serious breaches include but are not limited to the following:
(a) Contracting Party does not make payment to us when it isdue.
(b) Contracting Party does not, within a reasonable time of us asking for it, provide us
with information that is necessary for us to provide the products orservices.(c) Contracting Party does not, within a reasonable time, allow us to deliver the products
to Contracting Party; or
(d) Contracting Partydoes not, within a reasonable time, allow us or our carrier access
to Contracting Party’s premises to supply the services namely to collect the products or
deliver the products.
5.3 In addition, the right to order repair services on the Portal ceases whenthe
commercial agreement (e.g.,trading agreement) to purchase products between Bosch
and Contracting Party terminates.
6. PRICE AND PAYMENT
6.1 Where to find the price for the services.
a) We will provide you with a quotation following receipt of the product. We will not start
the repair services until you have accepted the quotation.
As anexample,batteries, chargers and other accessories are not covered by Max
Price.
b) Spare Parts
The price for spare parts will be the price indicated on theorder pages (which includes
GST) when you place your order.
We use our best efforts to ensure that the price of services and spare parts advised to
you is correct. However please see clause 6.3 for what happens if we discover an error
in the price of theservices you order.
6.2 We will pass on changes in the rate ofGST.
If the rate ofGST changesbetween your order date and the date we supply the
services, we will adjust the rate ofGSTthat you pay, unless you have already paid for
the product in full before the change in the rate ofGSTtakes effect.
6.3 What happens if we got the price wrong?
We will send you a quotation only following our receipt of the product. If we accept and
process your order where a pricing error is obvious and unmistakable and could
reasonably have been recognized by you as a mispricing, we may end the contract,
refund you any sums you have paid and return of any goods provided to us by you.
6.4 When you must pay and how you must pay.You shall provide us with purchase order number when submitting the online form for
repair services.You shall pay each invoice in full and cleared funds within the payment
terms agreed in writing with us or if no payment terms have been agreed within 3(three)
business days of the date of the invoice. Payment shall be made to the bank account
nominated in writing by Bosch. Time of payment by you is of the essence.
6.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date, we may charge interest to you
on the overdue amount at the rate of18% a year. This interest shall accrue on a daily
basis fromthe due date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with any overdue
amount. Without prejudice to any other rights and remedies we may have, if you fail to
make payment due to us by the due date forpayment,we may also suspend future
delivery of goods or services under any other contract from Bosch.
6.6 What to do if you think an invoice is wrong.
If you think an invoice iswrong,please contact us promptly to let us knowand we will
not charge you interest until we have resolved the issue.
6.7 Price Changes.
Our prices may change at any time, but price changes will not affect any order we have
confirmed with you.
7. LIMITATION OF LIABILITY
7.1. Nothing in these Terms shall limit or exclude Bosch's liability for: (a) death or
personal injury caused by its negligence, or the negligence of its employees, agents or
subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; or (c)any
matter in respect of which it would be unlawful for Bosch to exclude or restrict liability.
7.2. Subject to clause 7.1, Bosch shall not be liable to you for any: (a) loss of profit
(whether direct or indirect) whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, arising under or in connection with the these terms; or (b)
indirect or consequential loss whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, arising under or in connection with these terms; or (c) ex
gratia or other compensatory payments made to a third party by you or on your behalf,
arising under or in connection with these terms.
7.3. Subject to clauses 7.1 and 7.2, Bosch's total liability to you in respect of all other
losses (including indemnified losses) arising under or in connection with these terms,whether in contract, tort (including negligence), breach of statutory duty, or otherwise,
shall not exceed the price paid for the repair services.
8. HOW WEMAY USE YOUR PERSONAL INFORMATION
8.1 How we will use your personal information and our data protection notice.
We handle your personal information in a secure and confidential manner and always
in accordance with the law, including the India General DataProtection Regulation and
applicable Indian Government law.The personal data will only be collected, stored and
processed by Bosch in so far as is necessary for the performance of the repair services
in accordance with these terms and as permitted by law. You are obliged to obtain the
necessary consent of the respective affected person, in so far you provide such
personal data of such respected person on the Portal. To find out more about how we
handle personal information in accordance with the law andyour rights in relation to
your personal information, please see our data protection notice at
https://www.bosch.in/data-protection-notice/.
9. OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under these terms to another
organization.
9.2 Contracting Party may only transfer its rights or obligations under these terms to
another person if we agree to this in writing.
9.3 This contract is between you and us.
No other person shall have any rights to enforce any of its terms (except someone you
pass your guarantee to).
9.4 This contract constitutes the entire agreement between you and us.
You acknowledge that you have not relied on any statement, promise or representation
madeor given on behalf of Bosch which is not set in these terms.
9.5 Each of the paragraphs of these terms operates separately.
If any court or relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
9.6. If we do not insist immediately that you do anything you are required to do under
these terms, or if we delay in taking steps against you in respect of your breaking thiscontract, that will not mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date. For example, if you miss a payment
and we do not chaseyou,but we continue to provide the services, we can still require
you to make the payment at a later date.
9.7 Nothing in these terms isintended to, or shall be deemed to, establish any
partnership of joint venture between any of the parties, constitute any party the agent of
another party, norauthorizeany party to make or enter into any commitment for or on
behalf of another party
9.8 These terms are governed by and construed in accordance withIndianlaw. The
parties agree to submit to the jurisdiction ofthe High Court,Bengaluru in relation to any
matter or dispute arising out of or in connection with these terms.
© BoschLimited 2021, all rights reserved