WARRANTY POLICY

This warranty policy sets out the terms and conditions for the warranty being provided to the customer by the distributor appointed by Hero MotoCorp Ltd.(hereinafter called ‘HMCL’ ) (hereinafter called ‘Distributor’ ) or the Dealer (as defined hereinafter) in respect of the HMCL two-wheeler/motor cycle purchased by customer (hereinafter referred to as the ‘Warranty Policy’). The Warranty Policy should be read together with the owner’s manual provided to the customer at the time of the purchase of the motor cycle/two-wheeler from the Distributor or Dealer (as the case maybe).

Part A of the Warranty Policy provides the terms and conditions of warranty in relation to the HMCL two-wheeler/motor cycle and Part B of the Warranty Policy provides the terms and conditions of warranty in relation to the battery installed in the HMCL two-wheeler/motor cycle.

PART A – HMCL TWO-WHEELER/MOTOR CYCLE WARRANTY

1. Scope of Warranty

1.1 The Distributor warrants that all the HMCL two-wheelers/motor cycles sold by the Distributor itself or through the authorised dealer(s) of the Distributor (hereinafter called ‘Dealer’) in the NIGERIA, shall be free from any manufacturing defects and the warranty in respect of the two-wheeler/motor cycle sold to the customer shall be subject to the terms and conditions contained under this Part A of the Warranty Policy.

1.2 The customer acknowledges that under this Warranty Policy, the Distributor or Dealer are obligated/liable to repair or replace those part/parts which is/are considered to be the cause of malfunction in the HMCL two-wheeler/motor cycle with the parts, components or accessories manufactured by or for HMCL (hereinafter called ‘Service Parts’) free of charge, subject to the terms and conditions set out in this Warranty Policy.

2. Warranty Period

2.2 All HMCL two-wheelers/motor cycle’s engines are warranted for a period of 12 Months or 75,000 kms.(Seventy Five Thousand Kilometres), whichever is earlier, from the date of purchase of the HMCL two-wheeler/motor cycle.

3. Terms & Conditions

3.1 It is mandatory to avail all services from the Distributor and/or the Dealer, as per the recommended schedule provided by the Distributor or the Dealer (as the case may be) to the customer [at the time of purchase of the HMCL two-wheeler/motor cycle, to be eligible for warranty benefits under this Warranty Policy. Each service should be availed within the number of days or as per the kilometres’ range mentioned in the maintenance schedule, whichever is earlier.

3.2 In order to avail all the benefits under this Warranty Policy, the HMCL two-wheeler/motor cycle should at all times be serviced only by the Distributor and/or the Dealer (as the case may be) from the date of delivery of the HMCL two-wheeler to the customer.

3.3 If a defect is observed in the HMCL two-wheeler/motor cycle during the Warranty Period, the customer should immediately bring the HMCL two-wheeler/motor cycle to the Distributor or the Dealer, in any event not later than 7 days. Under this Warranty Policy, the obligation/liability of the Distributor or Dealer shall be to repair or replace those part/parts which is/are considered to be the cause of malfunction, with the Service Parts.

3.4 Upon the Distributor and/or the Dealer’s acknowledgment that the malfunction in the HMCL two-wheeler/motor cycle is not a result of misuse/improper handling etc., of the HMCL two-wheeler/motor cycle, the HMCL two-wheeler/motor cycle should be brought to the nearest Distributor or its Dealer(s) by the owner for necessary inspection and subsequent repairs.

3.5 The repair or replacement of the Service Parts shall be free of charge of both labour and material costs. Provided however, that the cost of minor repairs and adjustments which do not require the replacement of Service Parts shall not be free of charge irrespective of the validity of the Warranty Period.

3.6 The Warranty Period may be extended for a minimum period of 90 days or 5,000 kilometres, whichever comes first, even if Service Parts are installed in the HMCL two-wheeler during the Warranty Period

3.7 The customer shall carry the owner’s manual (provided to the customer by the Distributor or Dealer (as the case may be) at the time of purchase of the HMCL two-wheeler/motor cycle) to the Distributor or Dealer (as the case may be) at the time of availing the warranty under this Warranty Policy.

3.8 The Warranty Policy shall immediately expire, prior to the expiry of the Warranty Period, upon the occurrence of any of the following events:

(3.8.1)     the HMCL two-wheeler/motor cycle is sold by the customer to any subsequent customer if such subsequent customer is not a resident of NIGERIA; and

(3.8.2)    the customer changes its address outside NIGERIA.

3.9 The warranty extended to the customer under this Warranty Policy is subject to the limitations on warranty set out under paragraph 4 of Part A of this Warranty Policy.

4. Limitation of Warranty

The warranty extended to the customer under this Warranty Policy shall be subject to the following exclusions:

(a) Any damage to the HMCL two-wheeler/motor cycle which results from neglect of the periodic maintenance specified by HMCL including failure to avail services as per the recommended schedule in the owner’s manual.

(b) Any damage to the HMCL two-wheeler/motor cycle which results from repair, adjustment or maintenance operations by any method other than the methods specified by HMCL.

(c) Any damage which results from operation or use of the HMCL two-wheeler/motor cycle at any place or for such purpose for which the HMCL two-wheeler/motor cycle is not designed or manufactured.

(d) Any damage to the HMCL two-wheeler/motor cycle which results from misuse of the HMCL two-wheeler/motor cycle or its use beyond the limitation of the intended purpose(the purpose such as Personal Usage) specified by HMCL or under abnormal conditions(such as using in flooded area etc).

(e) Any damage to the HMCL two-wheeler/motor cycle which results from the use of non-genuine parts or accessories not approved by HMCL or use of fuel, engine oil, lubricant, fluid not recommended by HMCL.

(f) Any damage which results from operation, whether intentional or accidental, other than as specified in the owner’s manual.

(g) Any damage to the HMCL two-wheeler/motor cycle due to improper storage or transport.

(h) Any damage to the HMCL two-wheeler/motor cycle which results from force majeure, such as fire, collusion or theft.

(i) Any damage to the HMCL two-wheeler/motor cycle due to aging such as color shading or fading of painted surface, deterioration of plated surface, deterioration of rubber and plastics or rusting.

(j) Any damage to the HMCL two-wheeler/motor cycle which results from soot and smoke, use of chemical, bird droppings or injury by sea water, sea breeze or salt.

(k) Damage to the painted surface of the HMCL two-wheeler/motor cycle due to industrial pollution or other extraneous factors.

(l) Any HMCL two-wheeler/motor cycle which has participated in a racing event, rally or competition or which has been used as a rental unit

(m) Any HMCL two-wheeler/motor cycle which has been remodelled in the manner which may affect the quality, function or performance of the HMCL two-wheeler/motor cycle, in which event the warranty shall terminate at the time when the HMCL two-wheeler/motor cycle is so remodelled (even with sports kits marketed by HMCL for racing purposes).

(n) Normal phenomena like noise, vibration, oil seepage, which do not affect the performance, quality, function of the HMCL two-wheeler/motor cycle.

(o) Maintenance repairs required due to misuse while driving or due to adulteration of oil, petrol or due to bad road conditions.

(p) To normal wear and tear components such as:

(i)    electrical wirings, filters, spark plugs, clutch plates, brake shoes, fasteners, shims, washers, oil seals, gaskets, rubber parts, plastic components, chain and sprockets and in case of wheel rim misalignment or bend; or

(ii)    petroleum products and fluid such as oil, grease, battery electrolyte, radiator, coolant, brake fluid and other petroleum products as specified by HMCL.

(q) Claims made for any consequential damage due to any previous malfunction which are not subject to the warranty contained herein;

(r) Damages caused due to usage of improper oil/ grease, non genuine parts.

(s) For consumables like oil, grease etc. used during services or during warranty repairs.

(t) Any damage which results from repair, adjustments or maintenance operation performed by any person other than the Distributor or the Dealers.

(u) For HMCL two-wheelers/motor cycles not used in accordance with the owner’s manual supplied with each HMCL two-wheeler/motor cycle by HMCL.

(v) Any incidental or additional expenses incurred for making any claim under warranty, such as those for towing, communication, hotel and meals resulting from breakdown of the HMCL two-wheeler/motor cycle at a remote location, any claims for loss of life, personal injury or property damage (exclusive of the HMCL two-wheeler/motor cycle itself), or any other expense related to such claims.

(w) Any cost for periodic maintenance such as cleaning, inspection and adjustment.

(x) Any defect(s) developing on account of external factors such as environmental factors; including but not limited to fading/peeling/rusting of paint and/or stripes and/or plated parts, seat leather tearing & cracking, aluminium parts oxidation and cracking & discolouring of control switches etc.

PART B – MISCELLANEOUS

1. Customers are deemed to have read, understood and agreed to the warranty conditions set out under this Warranty Policy at the time of purchase of the HMCL two-wheeler/motor cycle.

(i)    The customer understands and accepts that this Warranty Policy is based on the warranty policy given to the Distributor and/or the Dealer by HMCL and is intended to be a back-to-back warranty policy in favour of the customer. Accordingly, this Warranty Policy is not intended to and shall not confer upon the customer any benefit greater than or inconsistent with the benefit conferred upon the Distributor and/or the Dealer by HMCL under the underlying warranty between them.

2. This Warranty Policy shall be governed by and construed in all respects in accordance with the laws of NIGERIA. The courts of NIGERIA shall have the exclusive jurisdiction with respect to all matters arising out of in connection with this Warranty Policy.

(ii)    If any term of this Warranty Policy shall be declared by any court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability and all other terms hereof shall remain in full force and effect.