SMART CARE – Extended Warranty Insurance Policy Wordings
Product UIN: IRDAN108P0004V01201718
Whereas the Insured by a proposal and declaration which forms the basis of this policy, has applied to Tata-AIG General Insurance Company Ltd. (hereinafter called the Company) and has paid the Premium mentioned in the schedule, the Company Agrees, subject always to the Terms, Conditions, Exclusions and Limitations contained herein, to indemnify the Insured in excess of the amount of deductible as mentioned in the schedule, if the Insured shall sustain any loss, damage or liability during the period of insurance stated herein, subject always to the sum insured against such loss as is herein provided.
Definitions
The following words or terms shall have the meaning ascribed to them wherever they appear in this Policy, and references to the singular or to the masculine shall include references to the plural and to the female wherever the context so permits:
Insured means the person or organisation named in the schedule.
Products means a physical object or equipment which is the subject matter of insurance under this policy and appears specifically in the Policy schedule.
Policy means the proposal, the schedule, the policy document and any endorsements attaching to or forming part thereof either at inception or during the Policy Period.
Policy Period means the period between the commencement date and the expiry date as specified in the schedule.
Sum Insured means the amount stated in the schedule, which is (save as expressly stated to the contrary) the maximum amount that We will pay during the Policy Period for the loss
Breakdown means the mechanical and/or electrical defects of a product that causes it to not function in its intended manner.
Deductible means the amount which shall be borne by the Insured in respect of each and every claim made under this Policy. The Company’s liability to make any payment under the Policy is in excess of the Deductible opted.
Depreciation means the reduction in the value of an asset over time, due to use, wear and tear or obsolescence.
Carry-in basis means portable Product that has to be carried / transported to the designated repair centre by You at Your cost.
In-home basis means the repair technician will visit the premises where the Product has been installed to provide the repair service.
Call-out charge is charge payable to arrange for the repair technician to visit the premises where the Product has been installed.
We, Us, Our, Company – TATA AIG GENERAL INSURANCE COMPANY LIMITED.
You, Your – The Insured mentioned in the Policy schedule.
Policy Premium – Policy premium is the amount paid for a insurance Policy.
Consumable Item – Consumable Item here refers to non durable parts or accessories of the domestic appliance which are non durable in nature and may be destroyed, dissipated, or spent during the normal operating usage of the product. For e.g. – In case of water purifiers, candles/filters are considered as consumables.
Manufacturer’s Warranty/Guarantee‘- The original warranty / guarantee given by the respective Manufacturer in respect of a Product.
Coverage
This Policy will indemnify the Insured against the repair and replacement costs in respect to the Product, caused by a Breakdown arising out of manufacturing defects and/or due to poor workmanship of the service personnel of the authorized workshops during the policy period, provided that the liability of the Company in respect of any one Product in any one Policy Period will not individualy or in the aggregate exceed the Sum Insured set against such item in the schedule.
Depreciation: In case of total loss or product replacement our maximum liability will not exceed the sum insured subject to the depreciation stated in the Schedule. However, no depreciation will be applicable if the insured has opted for a coverage with “NIL Depreciation”.
Depreciation for any Mobiles/Tablets is calculated at the rate of 25% per annum from the date of purchase of the product as stated in the invoice. For all other products other than Mobiles/Tablets, depreciation is calculated at 10% per annum from the purchase date of the product as shown in the invoice.
- Deductible:The Insured has the voluntary option to select from the list of deductible as mentioned below:
NIL Rs. 500 Rs. 1000 Rs. 2000 Rs. 5000 Rs. 7500
The Deductible amount selected by the Insured is stated in the Schedule and shall be borne by the Insured first in respect to each and every event of partial loss. Our liability to make any payment under this Policy is in excess of the Deductible amount stated in the Schedule.
The cost of transporting the Non-portable Product to and/ or from the place of repair subject to maximum Rs 1,000 for each and every claim is covered under the Policy.
Food spoilage loss resulting from a covered breakdown of a refrigerator, freezer or products of similar nature is also covered up to the maximum amount of Rs 1500/- during the entire Policy Period.
Value Added Service
As a Tata AIG General Insurance customer, we are happy to offer you services which are intended to take care of your products and your worries in an unfortunate event of electrical or mechanical breakdown.
Pick & Drop Services for Mobiles Devices– In the event of mechanical or electrical breakdown of your insured mobiles, tablets, E book Reader and laptops; we will provide you with doorstep pick-up and drop facility for these products subject to the availability of our network. This list of all such serviceable locations will be made available to You on our website. Once the device is picked up and delivered to service center, the repairer will diagnose the problem, give an estimate and on approval from the Company; repair the device. Once the device is ready it will be delivered back to you.
General Conditions:
(i) Conditions precedent to the contract:
Due Observance: The due observance of and compliance with the terms, provisions, warranties and conditions of this Policy in so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Company under this Policy.
Nature of Product: The insured Product must be manufactured or legally imported in India
(ii) Conditions applicable during the contract:
- Reasonable Care: The Insured shall:
a. Take all reasonable steps to safeguard the Product against any insured event.
b. Take all reasonable steps to prevent a claim from arising under this Policy.
Dispute Resolution: Any and all disputes or differences under or in relation to this policy shall be determined by the Indian courts and subject to Indian laws.
Notices: All notices and other communications provided for in this Policy shall be in writing and shall be deemed to have been duly given if (i) delivered personally, (ii) sent by prepaid courier, with a record of receipt, or (iii) mailed by registered or certified mail, return receipt requested, at the respective address set forth above. Each notice or communication shall be deemed to be effective when given, unless otherwise specified herein.
Governing Law: This Policy shall be governed by, and construed in accordance with, the laws of India applicable to agreements made and to be performed entirely therein.
Territorial Limits: This Policy covers insured events arising during the Policy Period within India. The Company’s liability to make any payment shall be to make payment within India and in Indian Rupees only.
Arbitration: If any dispute or difference shall arise as to the quantum of claim to be paid under this Policy, (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole Arbitrator, to be appointed in writing by the parties to or, if they cannot agree upon a single Arbitrator within 30 Days of any party invoking Arbitration, the same shall be referred to a panel of three Arbitrators, comprising two Arbitrators – one to be appointed by each of the parties to the dispute/ difference, and the third Arbitrator to be appointed by such two Arbitrators and arbitration shall be conducted under and in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996.
It is clearly agreed and understood that no difference or dispute shall be referable to arbitration as herein before provided, if the Company has denied, disputed or not accepted liability under or in respect of this Policy.It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such Arbitrator/Arbitrators of the amount of the loss or damage shall be first obtained.
- Limits Of Liability
(a) Per Repair: - Our liability for any one repair shall in no event exceed the sum insured for the particular Product subject to deductible shown on the Schedule or the replacement price of the Product of a similar feature, specification and functionality, at the time of said repair whichever is lower, subject to the depreciation as stated in the schedule.
(b) Aggregate: - The total of all claims paid or payable during the Policy Period towards any particular Product shall not exceed the sum insured stated against the Product subject to depreciation shown on the Schedule or the replacement price of the product of a similar feature, specifications and functionality whichever is lower.
(c) Maximum Number of Repair: - Unlimited.
Entire Contract: This Policy constitutes the complete contract of insurance. No change or alteration in this Policy shall be valid or effective unless approved in writing by the Company, which approval shall be evidenced by an endorsement on the Policy.
Right to Inspect: If required by the Company, its representatives and appointees, including a loss assessor or a surveyor appointed in that behalf, shall in case of any loss or circumstances that have given rise to a claim under the Policy be permitted at all reasonable times to examine into the circumstances of such loss. The Insured shall, on being required to do so by the Company, produce all books of accounts, receipts, documents relating to or containing entries relating to the loss or such circumstances in his possession and furnish copies of or extract from them as may be required by the Company so far as they relate to such claims or will in any way assist the Company to ascertain in the correctness thereof or the liability of the Company under the Policy.
Cancellation:
a) This Policy may be cancelled by or on behalf of the Company by giving the Insured at least 15 days written notice on the grounds of misrepresentation, fraud, nondisclosure of material facts or non-cooperation and in such event the Company shall refund to the Insured a pro-rata premium for the unexpired Policy Period. The Company shall remain liable for any claim that was made prior to the date upon which this insurance is cancelled.
b) This Policy may be cancelled by the Insured at any time by giving at least 15 days written notice to the Company. If the Policy is cancelled prior to commencement of the Policy Period, the Company will retain 10% of the premium subject to minimum retention of Rs. 75 towards administrative costs. If, however, the Policy is cancelled after the commencement of the Policy Period, the Company will refund the premium after retaining premium on short period scale for the duration the Policy was valid. No refund of premium shall be due on cancellation if a claim has been made under this Policy. If no claim has been made under the Policy, then we will refund premium in accordance with the table below:
Short Period Retention Scale
Smart Care Extended Warranty Insurance Retention Grid |
Rate of Premium Retained |
|||
Within Manufacturer’s Warranty |
10% of Premium subject to Minimum of Rs.75 |
|||
After Manufacturer’s Warranty |
||||
Period of Insurance |
||||
1 Year |
2 Year |
3 Year |
||
Within 3 months |
50% |
30% |
25% |
|
Between 3 to 6 Months |
70% |
50% |
40% |
|
Between 6 to 12 Months |
100% |
70% |
60% |
|
Between 12 to 18 Months |
- |
90% |
75% |
|
Between 18 to 24 Months |
- |
100% |
85% |
|
Between 24 to 36 Months |
- |
- |
100% |
|
Subject to a minimum retention of Rs.75 |
50% |
30% |
25% |
|
(iii) Conditions applicable when a claim arises:
- BASIS OF CLAIM SETTLEMENT
a. This Policy covers the cost of Parts and Labour for Insured Products on a Carry-in basis or Call out charges for in-home service (where applicable) on certain non-portable Products subject to the deductible as stated on schedule.
b. In the event of partial loss, Deductible as opted and as stated in the schedule will be deducted before making any payment to You.
c. If the calculated repair cost, after applying the eligible Deductible is more than 75% of the purchase price of the Product, We reserve the right to replace the Product with a new Product of similar features, functionality and specifications. In such cases We will pay the replacement cost of the new Product subject to Depreciation shown on the Schedule but not exceeding the original purchase price You paid for the insured Product.
d. If the insured asset is not feasible to repair due to limited or non-availability of spare parts or due to any other reason whatsoever, We reserve the right to replace the product a new Product of similar features, functionality and specifications. In such cases We will pay the replacement cost of the new Product subject to Depreciation shown on the Schedule but not exceeding the original purchase price You paid for the insured Product.
e. In case replacement Product is not available, Our liability to pay under the policy will be limited to original purchase price of the Product subject to the Depreciation as opted and as stated in the Schedule. In such an event coverage will prematurely terminate with no refund of premium & the original Insured Product becomes Our property.
f. The company will make payments only after being satisfied with necessary bills and documents that the repairs have been carried out or replacements have taken place, as the case may be.
Contribution: If, at the time of occurrence of an event that gives rise to any claim under this policy, and if there is in existence of any other insurance covering the same liability, then the Company shall not be liable to pay or contribute more than its ratable proportion of any loss or damage.
Subrogation: The Insured and any claimant under this Policy shall at the expense of the Company do or concur in doing or permit to be done all such acts and things that may be necessary or reasonably required by the Company for the purpose of enforcing any civil or criminal rights and remedies or obtaining relief or indemnity from other parties to which the Company shall be or would become entitled or subrogated upon the Company paying for or making good any loss or damage under this Policy whether such acts and things shall be or become necessary or required before or after the Insured’s indemnification by the Company.
Fraud: We will not be liable to pay under the Policy if any claim is in any manner dishonest or fraudulent, or is supported by any dishonest or fraudulent means or devices, whether by You or anyone acting on behalf of You and this Policy shall be void ab-initio without any premium refund.
Mis-representation or non-disclosure of material facts: We will not be liable to pay under the Policy if any Mis-representation or non-disclosure of material facts is noted at the time of claim or otherwise, whether by You or anyone acting on behalf of You & the Policy shall be void ab-initio without any premium refund.
Salvage: All salvage and recoveries resulting from claims on covered Products will be the property of TATA AIG.
(iv) Conditions for renewal of the Policy:
- Renewal Notice: The Company shall not be bound to accept any renewal premium nor give notice that such is due. Every renewal premium which shall be paid and accepted in respect of this Policy shall be so paid and accepted upon the distinct understanding that no alteration has taken place in the facts contained in the proposal or declaration herein before mentioned and that nothing is known to the Insurerd that may result in enhancement of the risk of the Company under this Policy. No renewal receipt shall be valid unless it is on printed form of the Company and signed by an authorized official of the Company.
- The Policy may be renewed with our consent. The benefits under the policy or/and the terms and conditions of the policy, including premium rate may be subject to change. We, however, are not bound to give notice that it is due for renewal. Unless renewed as herein provided, this Policy shall terminate at the expiration of the period for which premium has been paid / received. No renewal receipt shall be valid unless it is on the printed form of the Company and signed by an authorized official of the Company.
Exclusions
(i) Standard exclusions applicable in all policies:
The Company is not liable for and no indemnity will be provided in respect of any loss arising out of, caused by, occasioned by, attributable to or howsoever connected to:
(a) Loss or damage for which the manufacturer of the Product is responsible under a guarantee and/or warranty.
(b) Non-operating and cosmetic damage to the Product, such as damage to paintwork, Product finish, dents or scratches.
(c) Loss or damage to accessories used in connection with the Insured Product that were not supplied at the time of purchase of the Insured Product by the Insured.
(d) Replacement of any consumable item. These include, but are not limited to plugs, fuses, batteries, light bulbs, light covers, cables, filters, attachments, belts, toner, ribbons, drums, tapes or software, incorporated in a Product for which the Policy was purchased.
(e) Normal wear and tear of items not integral to the functioning of the Product. Inconsequential aspects such as noises, vibrations, oil seepage and sensations that do not lead to dismal performance of the Product.
(f) Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modification and de-scaling.
(g) Where repair work is carried out by persons/agency that are not authorized by the Company.
(h) Loss or damage arising out of any external cause, including but not limited to fire, earthquake, storm and or hurricane, abuse, misuse, sand, dust, water, negligence, flood, lightning, malicious damage, impact, corrosion, battery leakage, acts of god, act of terrorism, corrosion, denting, animal or insect infestation or intrusion, entry of foreign bodies, rust, blockage etc.
(i) Loss or damage caused due to theft or burglary and robbery.
(j) Loss or damage arising out of improper or abnormal electrical/gas/water supply or resulting from power outage, power surges or dips, fluctuating voltage, inadequate or improper voltage or current.
(k) Loss or damage caused by or arising out of the willful acts or willful gross negligence of the Insured and/or Insured’s family and/or Insured’s employees.
(l) Failure of parts which are subject to recall by manufacturer of the Insured product.
(m) Cost of removal or re-installation of the Product.
(n) Reception or transmission problems resulting from external causes.
(o) Problems or defects not covered under the original manufacturer’s Warranty/ Guarantee.
(p) Batteries, internal or external to the Product.
(q) Breakdown caused by computer virus or realignments to Products.
(r) Inherent Vice, Batch Failures, Recalls or Modifications to the Product.
(s) Any cause for which the supplier and/or manufacturer is directly responsible
(t) Failure to follow the manufacturer’s instructions.
(u) Loss or damage arising from incorrect installation and modification or alteration of any nature made in the electrical circuitry and/or physical construction of the InsuredProduct.
(v) Loss or damage due to use of non-genuine parts and/or non-genuine oils.
(w) Costs if no fault is found with the Product.
(x) Costs arising from being unable to use the Product or from damage which results from the Breakdown of the Product.
(y) Damage/failure caused before or during Product delivery.
(z) Use of batteries, charger and / or accessories not approved by the manufacturer, incorrect electrical leads or connection.
(aa) Any cost incurred with maintenance of the Product, including parts replaced in course of such maintenance operations.
(bb) The cost of repairing, restoring or reconfiguring computer software.
(cc) We are not responsible for any consequential or incidental damages arising from the use or loss of use of the Product.
(dd) Ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel.
(ee) The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
(ff) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition of or damage to property by or under the order of any government or public local authority.
(gg) If the Product is moved out of the country of purchase, it will not be covered by this Policy.
(hh) Where the original serial number is removed, obliterated or altered from Product.
Claim Procedure
a) If Your covered Product does not work:
- Check the Product user manual / handbook to make sure the controls are properly set and check the fuse in the plug.
- Check if you are covered under the terms and conditions of the Policy.
- Please call our 24-hour Toll Free Call Centre on 1800 - 266 – 7780 or email us at customersupport@tataaig.com or Type ‘WARRANTY’ and SMS to 5616181.
- We will make the appropriate arrangement’s to resolve the problem. If the Product is portable You may be asked to take it to the nearest repair center.
b) Notification Of Claim: - If an event occurs that may give rise to a claim under this Policy, or there are circumstances that are likely to give rise to a claim, Insured must Inform Us immediately, and, in any case by way of written intimation not later than 14 days from the occurrence of the loss or the event giving rise to the claim.
Insured must provide Uswith all relevant information, documentation and also any other assistance that Wemay reasonably require to enable Usor Our representatives to investigate any claim and/or to establish to Ourreasonable satisfaction that a loss of the amount stated has occurred under this Policy.
Grievance Lodgement Stage
The Company is committed to extend the best possible services to its customers. However, if you are not satisfied with our services and wish to lodge a complaint, please feel free to contact us through below channels:
Call us 24X7 toll free helpline 1800 266 7780
Email us at customersupport@tataaig.com
Write to us at : Customer Support, Tata AIG General Insurance Company Limited
A-501 Building No. 4 IT Infinity Park, Dindoshi, Malad (E), Mumbai - 400097
Visit the Servicing Branch mentioned in the policy document
Nodal Officer
Please visit our website at www.tataaig.com to know the contact details of the Nodal Officer for your servicing branch.
After investigating the grievance internally and subsequent closure, we will send our response within a period of 10 days from the date of receipt of the complaint by the Company or its office in Mumbai. In case the resolution is likely to take longer time, we will inform you of the same through an interim reply.
Escalation Level 1
For lack of a response or if the resolution still does not meet your expectations, you can write to manager.customersupport@tataaig.com. After investigating the matter internally and subsequent closure, we will send our response within a period of 8 days from the date of receipt of your complaint.
Escalation Level 2
For lack of a response or if the resolution still does not meet your expectations, you can write to the Head-Customer Services at head.customerservices@tataaig.com. After examining the matter, we will send you our response within a period of 7 days from the date of receipt of your complaint. Within 30 days of lodging a complaint with us, if you do not get a satisfactory response from us and you wish to pursue other avenues for redressal of grievances, you may approach Insurance Ombudsman appointed by IRDA of India under the Insurance Ombudsman Scheme. Given below are details of the Insurance Ombudsman located at various centers.
INSURANCE OMBUDSMAN CENTRES
Office of the Ombudsman |
Address and Contact Details |
Jurisdiction of Office Union Territory, District |
AHMEDABAD |
Office of the Insurance Ombudsman, Jeevan Prakash Building, Tel.: 079 - 25501201/ 02/05/06 |
Gujarat, Dadra & Nagar Haveli, Daman and Diu. |
BENGALURU |
Office of the Insurance Ombudsman, Jeevan Soudha Building, PID No. 57-27-N-19, Ground Floor, 19/19, 24th Main Road, JP Nagar, Ist Phase, Bengaluru – 560 078. Tel.: 080-26652048/ 26652049 Email: bimalokpal. |
Karnataka |
BHOPAL |
Office of the Insurance Ombudsman, Near New Market, Tel.: 0755 - 2769201/ 2769202 Email: bimalokpal. |
Madhya Pradesh, Chattisgarh |
BHUBANESHWAR |
Office of the Insurance Ombudsman, 62, Forest Park, Bhubneshwar - 751 009. Tel.: 0674 - 2596461/ 2596455 Email: bimalokpal. |
Orissa |
CHANDIGARH |
Office of the Insurance Ombudsman, S.C.O. No. 101,102 & 103, 2nd Floor, Batra Building, Sector 17-D, Tel.: 0172 - 2706196/ 2706468 Email: bimalokpal. |
Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir, Chandigarh |
CHENNAI |
Office of the Insurance Ombudsman, Fatima Akhtar Court, CHENNAI - 600 018. Tel.: 044-24333668/ 24335284 Email: bimalokpal. |
Tamil Nadu, Pondicherry Town and Karaikal (which, are part of Pondicherry). |
DELHI |
Office of the Insurance Ombudsman, 2/2 A, Universal Insurance Building, Asaf Ali Road, Tel.: 011-23239633/ 23237532 Email: bimalokpal. delhi@ecoi.co.in |
Delhi |
GUWAHATI |
Office of the Insurance Ombudsman, Jeevan Nivesh, 5th Floor, Nr. Panbazar Over Bridge, S.S. Road, Guwahati – 781001 (Assam). Tel.: 0361-2132204/ 2132205 Email: bimalokpal. |
Assam, Meghalaya, Manipur, Mizoram, Arunachal Pradesh, Nagaland and Tripura |
HYDERABAD |
Office of the Insurance Ombudsman, 6-2-46, 1st floor, “Moin Court” Lane, Opp. Saleem Function Palace, A. C. Guards, Lakdi-Ka-Pool, Hyderabad - 500 004. Tel.: 040-65504123/ 23312122 Email: bimalokpal. |
Andhra Pradesh, Telangana, Yanam and part of Territory of Pondicherry. |
JAIPUR |
Office of the Insurance Ombudsman, Jeevan Nidhi – II Bldg., Tel.: 0141 - 2740363 Email: Bimalokpal. jaipur@ecoi.co.in |
Rajasthan |
ERNAKULAM |
Office of the Insurance Ombudsman, 2nd Floor, Pulinat Bldg., Opp. Cochin Shipyard, Ernakulam - 682 015. Tel.: 0484-2358759/ 2359338 Email: bimalokpal. |
Kerala, Lakshadweep, Mahe- a part of Pondicherry |
KOLKATA |
Office of the Insurance Ombudsman, Hindustan Bldg. Annexe, Tel.: 033-22124339/ 22124340 Email: bimalokpal. kolkata@ecoi.co.in |
West Bengal, Sikkim, Andaman & Nicobar Islands |
LUCKNOW |
Office of the Insurance Ombudsman, 6th Floor, Jeevan Bhawan, Phase-II, Nawal Kishore Road, Hazratganj, |
Districts of Maharajgang, Santkabirnagar, Azamgarh, Kushinagar, Gorkhpur, Deoria, Mau, Ghazipur, Chandauli, Ballia, Sidharathnagar |
MUMBAI |
Office of the Insurance Ombudsman, 3rd Floor, Jeevan Seva Annexe, S. V. Road, Santacruz (W), Tel.: 022-26106552/ 26106960 Email: bimalokpal. |
Goa, Mumbai Metropolitan Region excluding Navi Mumbai & Thane |