Dhaara
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Warranty Policy

GENERAL

M/s. Kritsnam Technologies Private Limited, a company registered under the Companies Act, 2013 and having its registered office at Door no. 3-59/2, Yamnampet Village, Ghatkesar Mandal, Medchal-Malkajgiri District, Hyderabad, Telangana - 501301, India, (hereinafter referred to as "Kritsnam" "Company", "we", "us" or "our") owns and controls the following websites: www.kritsnam.com, www.dhaara.com, shop.dhaara.com, www.waters.blue, live.waters.blue and budget.dhaara.com (hereinafter collectively referred to as "Websites").

Kritsnam is engaged in the design, development, production and sale of 'Dhaara Ultrasonic Flow Meters' of various models (Dhaara Smart, Dhaara Connect, Dhaara Digital, Dhaara RS485, Dhaara Pulse) used in the 'fresh-water market' ("Product") and the provision of services like Dhaara Live subscription, Dhaara Budget subscription and the purchase of extended warranty on the Product ("Allied Services").

This Warranty Policy ("Policy") sets forth the warranty provided by Kritsnam on its Products. For the purpose of this Policy, wherever the context so requires "You" or "Your" or "Customer" shall mean the end-consumer who has purchased the Product for its individual, commercial or industrial use.

It is recommended that You read this Policy carefully so that You understand our policies and practices.

APPLICABILITY AND WARRANTY TYPES

Kritsnam offers two categories of warranty coverage: (a) Factory Warranty and (b) Field Warranty.

Unless explicitly specified otherwise in the official purchase documents, commercial agreements, or invoices, the warranty applicable to the Product shall be considered the Factory Warranty. Any unspecified warranty terms are hereby categorized as Factory Warranty.

Kritsnam warrants the Product contained in the original packaging against defects in materials and workmanship when used normally in accordance with Kritsnam's published guidelines for a period of 13 months from the date of original retail purchase by the Customer or 12 months from the date of installment of the Product whichever is earlier ("Warranty Period").

This Policy is also applicable to a Product when used normally in accordance with Kritsnam's published guidelines for the Extended Warranty Period, if purchased by the Customer. "Extended Warranty Period" refers to the period of extended warranty as purchased by a Customer from https://shop.dhaara.com/ or from other authorized sources.

Repair or replacement of branded parts purchased directly from Kritsnam, over the counter, online or purchased and installed by Kritsnam's authorised channel partners, may be covered under this Policy. Kritsnam's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

Any and all claims made by the Customer against the Product under the Warranty Period or Extended Warranty Period, as it may be applicable, will be governed by the terms set out in this Policy. Any software distributed by Kritsnam with or without the Kritsnam brand (including, but not limited to software relating to Allied Services) is not covered by this Policy. Please refer to the Terms of Use available on its Websites for details of Your rights with respect to its use.

CONDITIONS TO WARRANTY

Kritsnam does not warrant or guarantee that:

  • The operation of the Product will be uninterrupted or error-free.
  • Any Product will be secure from cyber threats, hacking or similar malicious activity.
  • Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Customer and/or end user against unauthorized access.

This Policy does not apply:

  • To consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship.
  • To cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship.
  • To any physical damage to the device/Product, regardless of the cause.
  • To damage caused by use with a third-party component or product that does not meet the Product's specifications.
  • To damage caused by any act or omission of Customer (including its affiliates, representatives, contractors and/or suppliers), including but not limited to defects caused by accident, misuse, neglect, alteration, improper installation, repair, handling or storage of the Product in a manner other than in accordance with Kritsnam's instructions or specifications.
  • To damage caused by acts of God including without limitation fire, earthquake or other external cause.
  • To damage caused by operating the Product outside Kritsnam's published guidelines or non-compliance with generally accepted industry standards.
  • To damage caused by the use of Product for any purpose other than its intended use.
  • To damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Kritsnam or an authorised channel partner of Kritsnam.
  • To a Product that has been modified / tampered with to alter functionality or capability without the written permission of Kritsnam.
  • To a Product that has not been properly installed by Kritsnam's instructions or specifications including without limitation any user manuals and installation guidelines provided by Kritsnam.
  • To damage caused by normal wear and tear or otherwise due to the normal aging of the Product.
  • To damage caused by water ingress, exposure to rain, water submergence, waterlogging, or water dripping onto the Product, regardless of IP68 certification. The Customer is responsible for ensuring the Product is installed in locations with adequate protection from such environmental conditions.
  • To a Product installed in a location with inadequate or insufficient network coverage (Airtel/JIO) that prevents proper telemetry functionality and data transmission. The Customer is responsible for ensuring adequate network signal strength at the installation location.
  • To damage, performance degradation, or malfunction caused by contaminated flow containing dirt, sand, air, dust, mud, sediment, or other foreign particles. The Customer is responsible for ensuring flow quality meets Kritsnam's specifications and for implementing appropriate filtration, straining, or other protection measures to prevent contamination.
  • If any serial number has been removed or defaced from the Product.
  • If a Product is installed and/or used in conditions that are against / beyond those laid down in Kritsnam's instructions or specifications including without limitation any user manuals and installation guidelines provided by Kritsnam (for example, ISO4064, IP68, T50, etc.) and, hence, not favorable to the performance or functionality of the Product.
  • If a Product is moved from one location to another without prior intimation to and authorization from Kritsnam.
  • If Kritsnam receives information from relevant public authorities that the Product has been stolen or if You are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Product, and You cannot prove in any way that You are the Customer of the Product (e.g., by presenting proof of purchase).

This Policy is conditioned on the following:

  • The Customer discontinuing the use of the Product after it has come to the knowledge of the Customer that there is a defect in the Product.
  • The Customer providing prompt written notice of any warranty claims within the Warranty Period or Extended Warranty Period, as it may be applicable.
  • The Customer not being in default of any payment obligation.

RESPONSIBILITIES OF THE CUSTOMER

The Customer should make periodic backup copies of the information contained on the Product's storage media to protect the contents and as a precaution against possible operational failures.

Before receiving warranty service, Kritsnam may require that You furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Kritsnam's procedures for obtaining warranty service. Before submitting Your Product for warranty service, You should maintain a separate backup copy of the contents of its storage media, remove all personal information that You want to protect and disable all security passwords.

Prior to installation, the Customer should assess and confirm that the installation site meets all requirements specified in Kritsnam's installation guidelines, including but not limited to adequate network coverage, protection from weather elements, proper pipe configuration, and absence of contamination sources. The Customer shall ensure that all installation guidelines provided by Kritsnam are strictly followed, including but not limited to proper placement, orientation, network coverage verification, environmental protection, and flow quality maintenance. Photographic or documentary evidence of installation setup may be requested by Kritsnam for warranty claim validation.

During warranty service the contents of the storage media will be deleted and reformatted. Kritsnam and its agents are not responsible for any loss or software programs, data or other information contained on the storage media or any other part of the Product serviced.

After the warranty service, Your purchased Product or a replacement Product will be provided to You as the Product was configured when originally purchased, subject to applicable updates or modifications at the sole discretion of Kritsnam. Kritsnam may install system software updates as part of warranty service that will prevent the Product from reverting to an earlier version of the system software. Recovery of any previous data and information are not covered by this Policy.

WARRANTY CLAIM AND ADMINISTRATION

For any warranty claims, the Customer may drop an email at help@kritsnam.com.

Kritsnam assesses the validity of all claims raised by the Customer based on claim details, reports, inspections, tests and findings during repairs, defect analysis and other relevant procedures followed by Kritsnam for inspection, at its sole discretion. Acceptance or substantiated rejection of a claim by Kritsnam shall be notified in writing to the Customer. The manner in which the Customer's warranty claim will be processed, initiated and handled is at the sole discretion of Kritsnam and on a case-to-case basis.

REMEDIES AVAILABLE TO THE CUSTOMER

After acceptance of a Customer's claim, Kritsnam will, at its sole discretion, (i) repair the Product; (ii) replace the Product; or (iii) exchange the Product for a refund of the price at which the Product was purchased by the Customer.

In case of a repair or replacement, the repaired or replaced Product shall be subject to the remaining Warranty Period or Extended Warranty Period (as it may be applicable) on towards the purchased Product. When a Product or any part of the Product is replaced or refunded (pursuant to the exchange for refund), the replacement item becomes Your property and the replaced or refunded item becomes the property of Kritsnam.

Execution of the remedies available under this Policy shall differ based on the specific Warranty Type applicable to the Product:

1. For Factory Warranty Devices: Customers shall send the device to Kritsnam's factory or nearest authorized service centre for verification and repair. Kritsnam reserves the right to remedy the defect using one of the following methods, at its sole discretion:

  • (a) Repair the Product;
  • (b) Provide a piece-to-piece replacement of the Product.

Cost Allocation: In the event of option (a), the cost of sending the faulty Product to Kritsnam shall be borne by the Customer, while the cost of returning the repaired Product to the Customer shall be borne by Kritsnam. In the event of option (b), the cost of sending the replacement Product to the Customer shall be borne by Kritsnam, while the cost of returning the defective Product to Kritsnam shall be borne by the Customer.

2. For Field Warranty Devices: Kritsnam reserves the right to remedy the defect using one of the following methods, at its sole discretion:

  • (a) Repair the Product on the field; or
  • (b) Provide a piece-to-piece replacement of the Product.

Cost Allocation: In the event of option (b), both the cost of sending the replacement Product to the Customer and the cost of returning the defective Product to Kritsnam shall be borne by Kritsnam.

Unless Kritsnam agrees otherwise in writing, Customer will be responsible for any costs associated with: (a) gaining access to the Product; and (b) removal, disassembly, replacement, installation, reinstallation or damage of any equipment, materials or structures to allow Kritsnam to perform its warranty obligations.

WARRANTY LIMITATIONS

THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF KRITSNAM AND REMEDIES OF CUSTOMER SET FORTH IN THIS POLICY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND TO THE FULLEST EXTENT PERMITTED BY LAW CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF KRITSNAM AND RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST KRITSNAM, EXPRESS OR IMPLIED HOWSOEVER, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT AND/OR ALLIED SERVICES INCLUDING BUT NOT LIMITED TO: (A) ANY HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR OTHERWISE AND WHETHER OR NOT ARISING FROM KRITSNAM'S NEGLIGENCE, ACTUAL OR IMPUTED (SAVE IN CASE OF KRITSNAM'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT); AND (E) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO PRODUCT AND/OR ALLIED SERVICES.

IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED BY KRITSNAM OR WAIVED, RELEASED OR RENOUNCED BY THE CUSTOMER, KRITSNAM LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE WARRANTY PERIOD OR EXTENDED WARRANTY PERIOD (AS IT MAY BE APPLICABLE) AND, AT KRITSNAM'S OPTION, THE REPAIR AND REPLACEMENT SERVICES AS DESCRIBED UNDER THIS POLICY.

KRITSNAM DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR REPLACE THE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE PRODUCT.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRITSNAM IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE PRODUCT.

KRITSNAM'S MAXIMUM LIABILITY UNDER THIS POLICY IS THE ACTUAL PURCHASE PRICE RECEIVED BY KRITSNAM FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.

SEVERABILITY

In the event that any of the terms, conditions or provisions of this Policy are determined invalid, unlawful or unenforceable, to such an extent, such terms, conditions or provisions shall be severed from the remaining terms, conditions and provisions and such remaining terms, conditions and provisions shall continue to be valid to the fullest extent permitted by law, provided however if such invalid, unlawful or unenforceable terms, conditions or provisions may be made legal, valid and enforceable by limitation or modification thereof, then the term, condition or provision shall be revised and reformed to make it legal, valid and enforceable to the maximum extent provided by law.

GOVERNING LAW AND JURISDICTION

In all respects, this Policy shall be governed by the laws of India and the courts of Hyderabad, Telangana, India shall have exclusive jurisdiction over matters relating to this Policy.

ENTIRE UNDERSTANDING

This Policy constitutes the entire understanding between Kritsnam and the Customer in relation to the terms of warranty towards the Product and this Policy shall supersede any prior understanding or representation of any kind preceding the date of this Policy. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Policy.