Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING AND/OR ACCESSING THIS ELECTRONIC MEDIUM OR INCLUDING ALL CONTENT AVAILABLE THROUGH JCB.COM DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THIS DESTINATION ELECTRONIC MEDIUM AND/OR AVAIL OUR SERVICES.

These terms and conditions of the website located at the URL www. https://parts.jcbindia.com and mobile application under the name and style "JCB Genuine Parts" (the “Electronic Medium”) is between JCB India Limited (hereinafter referred to as "JCBI" or "We" or "Us" or "https://parts.jcbindia.com") and the guest users or registered users of the Electronic Medium (hereinafter referred to as "You" or "Your" or "User") and describe the terms on which JCBI offers You access to the Electronic Medium and such other services as are incidental and ancillary thereto.

The Electronic Medium is owned and operated by JCBI, a company incorporated under the laws of India having its registered office at B-I/I-1, 2nd Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.

The Electronic Medium is an online platform which facilitates the Customers to purchase/buy genuine JCB genuine parts (“Products”) listed on the Electronic Medium from the authorized dealers of JCB for the Products (“JCB Dealers”) pursuant to the terms and conditions set forth herein and includes any other feature or content or services offered from time to time (such online platform services, the “JCBI Online Services”). The Electronic Medium is available only for Customers in India and the delivery of Products can be made only within the geographical territory of India. This T&C between you and JCBI sets forth the legally binding terms and conditions for your use of the Electronic Medium and JCBI Online Services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. AGREEMENT AND ACCEPTANCE:

These standard T&C on sale and after sale services shall constitute the terms, rights and liabilities arising out of the use of Electronic Medium and the sale of Products by JCB Dealer to Customer and purchase of Products by Customer from JCB Dealer through the Electronic Medium. Both JCB Dealers and the Customer agree to be bound by the T&C.

You are only authorized to use the Electronic Medium (regardless of whether your access or use is intended) if you agree to abide by this T&C and all applicable laws. Please read this T&C very carefully and save it. If you do not agree to be bound by this T&C in its entirety, you should leave the Electronic Medium and not use JCBI Online Services in any manner. Your use of the Electronic Medium or any of JCBI Online Services constitutes your acceptance of this T&C and You agree to be bound by the terms, on and from the date when You first use the Electronic Medium.

2. DEFINITIONS:

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale of JCB Dealer on Electronic Medium by placing an order for and/ or purchases any Product.

JCBI”/ “Us”/ “We” shall mean JCB India Limited, a company incorporated under the laws of India having its registered office at B-I/I-1, 2nd Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.

JCB Dealer”/ “Seller” means the authorized dealer of JCBI who sells the Products to the Customers on the Electronic Medium.

T&C” means the terms and conditions as detailed herein including all schedules‚ appendices‚ annexures‚ Privacy Policy, all of which are incorporated by reference herein and will include the references to this T&C as amended‚ novated‚ supplemented‚ varied or replaced from time to time.

Electronic Medium” means the online platform owned and operated by JCBI at the URL https://parts.jcbindia.com and mobile application under the name and style of JCB Genuine Parts which provides a platform to the Customers to buy the Products listed on Electronic Medium from JCB Dealers.

User”/ “You” means and includes you and/or any person or an entity including Customer/ Buyer and JCB Dealer /Seller using or accessing the JCB Online Services provided on the Site.

3. ELIGIBILITY:

You represent and warrant that you are competent and eligible to enter into this T&C and have the requisite authority to bind yourself to this T&C. You shall not use this Electronic Medium if you are not competent to contract under applicable laws‚ rules and regulations. We reserve the right to terminate any membership and / or refuse to provide access to the Electronic Medium if it is brought to our notice or if it is discovered that the person accessing/using the Electronic Medium is not legally competent to contract.

4. TERMS OF USE

The Electronic Medium provides an online platform for sale and purchase of Products, wherein JCB Dealers can sell and the Customer can purchase/buy such Products listed on the Electronic Medium from the JCB Dealers pursuant to the terms and conditions set forth herein. By clicking on the [‘Agree and Continue’] button‚ you are agreeing to use JCBI Online Services in a manner consistent with and abide by this T&C, our Privacy Policy‚ and with all applicable laws and regulations. The offer is applicable for Customers in India and the delivery can be made only within the geographical territory of India.

5. SALE BY JCBI AUTHORISED DEALERS

  1. The Customer understands and acknowledges that JCBI has a vast dealership network spread all across the territory of India. It is through these dealers that the sale and purchase of Product(s) are carried out whether online or offline. Through this Electronic Medium, JCBI is only facilitating such a transaction by way of the online medium, i.e. of sale (by JCB Dealers) and purchase (by Customers) through this Electronic Medium. The Customer will be informed about the contact details and other information of the JCB Dealer, nearest to the Customer according to its location.
  2. You agree and acknowledge that JCBI is only a facilitator and is not and cannot be a party to any transactions conducted by and between the JCB Dealer and the Customer on the Electronic Medium. Accordingly, the sale of Products on the Electronic Medium shall be a bipartite agreement/ transaction between the JCB Dealer and the Customer. We expressly disclaim all obligations and liabilities emanating from an agreement between the JCB Dealer and the Customer on the Electronic Medium, except as provided herein.

6. PLACING AN ORDER ON THE ELECTRONIC MEDIUM- OFFER AND ACCEPTANCE:

  1. A Customer can place an order for the purchase of the Products from the JCB Dealer, on the Electronic Medium. A Customer purchasing the Products on the Electronic Medium from the JCB Dealer can make payment by way of:

    • Credit card/payment gateway/net banking (“Online Mode”)
    • In the event an order is placed on the Electronic Medium and the payment is made by way of Online Mode, such payment will be directed to the relevant bank account of JCB Dealer and on receipt of such payment an invoice will be issued by the JCB Dealer to the Customer. If, for any reason whatsoever, the payment by way of Online Mode does not sail through or fails, then in such an event we will, upon being informed by the JCB Dealer or other authorized third parties, send you revised payment instructions, for completing the transaction.

      In case the payment has been made by You and thereafter such Product is not available with the JCB Dealer, then We shall upon being intimated by the JCB Dealer send you an email with: (a) an estimate of when such Product will be available; and (b) in the event you are unable to wait for such period till the Product becomes available, or do not wish to proceed with the transaction, we will request for details of your bank account for initiating the process of refund. Such refund will be paid to you by the JCB Dealer through the Online Mode within 15 (fifteen) days of receipt of your valid bank account details from You.

      Payments made by way of Online Mode are made in the secure environment of a reputable payment service provider. You will find payment made to the JCB Dealer on your bank statement under the name “(*)”. No additional costs will be charged by the JCB Dealer for credit card payments or online methods of payment.

      Upon successful verification of Your payment information, We will forward the order to the JCB Dealer closest to Your delivery location who shall be responsible for assembling, packaging and shipping. Orders of several Products may be shipped separately.

    • Cash on Delivery (“COD”)
    • In case the order is placed on the Electronic Medium and the Customer chooses to pay on COD, then in such an event JCBI will forward the order to JCB Dealer and the dealer will (through its courier partners) deliver the Product at the address of the Customer and through its courier partners and collect payment for such Product.

      Cash on Delivery is available only for select pin codes. Please use the Pin code locator in checkout screen to check which areas are covered. JCB Dealer reserve the right to restrict delivery to specific locations or delivery facilities.

      JCB Dealer may do such checks as it would deem fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at our discretion. As a result of such check if JCB Dealer is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.

    • Cash on Carry (“COC”)
    • The Customer shall also have the option to place its order on the Electronic Medium and choose a COC option. In the event the Customer chooses a COC option, then, JCB shall forward the order to the JCB Dealer closest to the Customer. In a COC, the Customer, shall collect the Product from the registered address of the JCB Dealer closest to its location and also make the payment of the Product directly to the JCB Dealer.

  2. The orders placed by the Customers on the Electronic Medium are mere offers. Mere placing of the offer on the Electronic Medium and the charging of Customer’s credit card/bank account or placing the order by way of COC and COD does not, by itself, constitutes a binding contract of sale. A valid contract of sale only takes place when Customer’s order (either by way of Online Mode, COD or COC) is accepted and acknowledged by the JCB Dealer via email confirming such payment. If your order is rejected by the JCB Dealer, you will not receive any email confirming payment or sale.

  3. Statements on the Electronic Medium and any informational material, as well as Product descriptions, are for information only and not warranty of a particular quality of the purchased Products, unless expressly specified otherwise. The images of Products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Electronic Medium disclaims any liabilities arising out of any discrepancies to this end.

  4. The Shopping Cart page shows the description, quantity and price of the items/Products you place in your shopping cart. In the course of placing your order, you will be asked to provide personal information and shipping address/instructions. On the information summary page, you may view all relevant information you entered. To continue with your order, you must read this T&C (including the Privacy Policy) and tick the box if you agree.

  5. All prices are in Indian Rupees and include all taxes including but not limited to Goods and Service Tax (GST), Value Added Tax (VAT) and other taxes and statutory fee/cess/costs/charges, and freight costs, all of which are to be borne by the Customers. The price is valid at the time you place your order.

  6. We reserve the right to correct any price, typographical or other errors on the Electronic Medium, and in case Customer has placed an order on the basis of incorrect price/entry, we will notify the Customer accordingly, giving them the option to cancel or to proceed with the order based on the correct price or other entry.

  7. JCBI only acts as a facilitator of such a transaction by way of this medium of sale and purchase through this Electronic Medium and the sale would be effected by the JCB Dealer to the Customer under an invoice raised by the JCB Dealer on the terms agreed upon here.

  8. You release and indemnify JCBI and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Electronic Medium and specifically waive any claims that you may have in this behalf under any applicable law.

  9. JCB Dealers will invoice and deliver the Products only within India. The Customer shall be responsible for the correctness of all shipping information notified to JCBI. The Customer is further responsible for all charges consequent to shipment made to an erroneous address provided by them.

7. WARRANTY/ RETURN UNDER WARRANTY

  1. JCBI is not a party to the contract between the Customer and the JCB Dealer. The transaction of sale and purchase (if any) is between the JCB Dealer and the Customer on the Electronic Medium. The sale of Products on the Electronic Medium shall strictly be a bipartite agreement/ transaction between the JCB Dealer and the Customer.

  2. A claim of warranty by the Customer can be made only against the JCB Dealer and the JCB Dealer shall be entitled/obligated to provide warranty to the Customer under the standard terms of policy of JCBI, a copy of which is attached hereto as Annexure A (the “Warranty”).

  3. The Warranty shall apply only to a Customer who has purchased the Product and shall not extend, expressly or by implication, to any other person or entity.

  4. These Warranties as provided by the JCB Dealer, together with any statutory warranty, are the maximum warranties to which the JCB Dealer will be held liable. The Customer has the obligation to take appropriate measures to prevent or minimize any damage to the Product.

8. PROTECTION OF DATA PRIVACY

  1. Users of the Electronic Medium may be required to provide certain personal information (including sensitive personal information) and expressly permit the Electronic Medium from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of personal information of the Users shall be subject to the Privacy Policy available at https://parts.jcbindia.com/privacy_policy.aspx.

  2. Personal data you provide during the course of usage of our Electronic Medium or during process of registration on our Electronic Medium or during the course of order process (such as your name, address, email address, card details etc.) are collected, processed and used for the purpose of executing your order and for our performance of the JCB Online Services. Your personal data will be disclosed to third parties (such as payment processors, banks, and carriers) only to the extent required for the performance of the contract or to the extent permitted under our Privacy Policy.

  3. For further details, please read the Privacy Policy available at https://parts.jcbindia.com/privacy_policy.aspx, which also governs your visit to and use of the Electronic Medium and forms an integral part of this T&C, as though fully set out herein. If you are not in agreement with the Privacy Policy, please do not use the Electronic Medium.

9. GRIEVANCE REDRESSAL

Protecting interests of Users is the primary objective of JCBI. In pursuit of this objective a grievance redressal cell is set up that shall specifically deal with all the queries, complaints or grievances of the Users.

Mr. Karthikeyan.M, [AGM – parts and service] - is designated as the Grievance Officer in terms of the Information Technology Act, 2000. and the rules made thereunder for any complaints or grievances with regard to the content of the Electronic Medium. The contact details of the Grievance Officer are as under:

Email address: HELPDESK-PARTS@JCB.COM
Contact address: 23/7, Mathura Road, Ballabgarh, Faridabad, Haryana - 121004, India

Any and all complaints to the Grievance Officer to report any content on the Electronic Medium shall be in writing and shall be sent to at the above-mentioned email address. The Grievance Officer shall respond or acknowledge to the complainant within 36 (thirty-six) hours of the receipt of the complaint and shall expeditiously redress the complaint within one (1) month from the date of receipt of such complaint.

10. CUSTOMER SUPPORT

For any queries please contact us at the customer support link appearing on our Electronic Medium or you may telephone us at 1800 200 0522 or email us at customercare.india@jcb.com.

11. USE RESTRICTIONS

  1. You agree that your use of the Electronic Medium and JCBI Online Services shall be lawful and you shall abide by all applicable laws, rules and regulations in connection therewith.

  2. You must not use the Electronic Medium in any way that causes, or is likely to cause, the Electronic Medium or access to it to be interrupted, damaged or impaired in any way.

  3. You agree not to access (or attempt to access) the Electronic Medium by any means other than through the interface that is provided by JCBI. You shall not use any deep-link, robot, spider, scraper or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, monitor or extract or mine any data or portion of the Electronic Medium or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Electronic Medium, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Electronic Medium.

  4. If the Electronic Medium allows You to post and upload any material on the Electronic Medium, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws.

  5. Further, You undertake not to undertake/indulge in the following activities in relation to the Electronic Medium and use of JCBI Online Services:

    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellious, invasive of another’s privacy, hateful, or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise harmful in any manner whatever;

    • harm minors in any way;

    • infringes any patent, trademark, copyrights or other proprietary rights of another person;

    • violates any law for the time being in force;

    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

    • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Electronic Medium or another's computer;

    • Engage in any activity that interferes with or disrupts access to the Electronic Medium (or the servers and networks which are connected to the Electronic Medium);

    • Attempt to gain unauthorized access to any portion or feature of the Electronic Medium, any other systems or networks connected to the Electronic Medium, to any server, or to any of the services offered on or through the Electronic Medium, by any illegitimate means (including such as hacking and password mining);

    • Probe, scan or test the vulnerability of the Electronic Medium or any network connected to the Electronic Medium, nor breach the security or authentication measures on the Electronic Medium or any network connected to the Electronic Medium. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Electronic Medium, or any other customer of JCBI, including any other account not owned by You, to its source, or exploit the Electronic Medium or Service or information made available or offered by or through the Electronic Medium, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;

    • Disrupt or interfere with the security of, or otherwise cause harm to, the Electronic Medium, systems resources, accounts, passwords, servers or networks connected to or accessible through the Electronic Mediums or any affiliated or linked sites;

    • Collect or store data about other users.

    • Use any device or software to interfere or attempt to interfere with the proper working of the Electronic Medium or any transaction being conducted on the Electronic Medium, or with any other person's use of the Electronic Medium;

    • Use the Electronic Medium or Content thereon or the JCBI Online Services for any purpose that is fraudulent, unlawful or prohibited by the T&C, or to solicit the performance of any illegal activity or other activity which infringes the rights of JCBI or other third parties;

    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    • Violate any applicable laws or regulations for the time being in force within or outside India;

    • Violate the T&;

    • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Electronic Medium;

    • Remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Electronic Medium.

    The above is a partial list of prohibited content/activity. JCBI is not obliged to but reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates this T&C, and to remove the prohibited content from the Electronic Medium. JCBI is also entitled to take any appropriate legal action against the Users who have violated this T&C or provision, including without limitation, reporting you to law enforcement authorities and disclosing your identity in accordance with law.

12. CORPORATE IDENTIFICATION AND TRADEMARK

JCB, JCB logos and other marks indicated on the Electronic Medium (“JCB Marks”) are trademarks or registered trademarks of JCB India Limited and its affiliates and group entities. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the JCB Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Site without JCBI’s prior written consent. The use of JCB Marks on another website or network computer environment is prohibited. JCBI prohibits the use of JCB Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

13. TITLE / RISK OF LOSS / DELIVERY.

Unless other arrangements are made in writing, JCB Dealer’s anticipate use of common carriers for transport of Products. The cost of freight, transportation, shipping and delivery will be included in the purchase price of the Product and will be borne solely by the Customer. to be paid directly by the Customer to the carrier (in case of COD) or JCB Dealer (in case of COD or Online Mode) as relevant. JCB Dealer reserves the right to make deliveries accordingly. All Products shall be shipped F.O.B. Dealer’s premises and shall become the property of the Customer upon delivery to the carrier. Customer shall assume all risk and liability for loss, damage, or destruction, as well as the results of any use or misuse by third parties who may acquire or use the Products illicitly after the delivery to the carrier. Unless mutually agreed upon, shipping dates are approximate and are based upon prompt receipt of all necessary information. JCB Dealer reserves the right to ship items in a single or multiple shipment.

14. DAMAGE

Customer shall notify JCB Dealer and the delivering carrier within seven (7) business days from date of receipt of Products, of any damage or shortage, and afford the JCB Dealer a reasonable opportunity to inspect the Products. Any loss occasioned by damage in transit will be to Customer’s account and claims for such loss shall be made solely against the carrier.

15. PRODUCT USE

Customer is are solely responsible for determining whether any Product is fit for a particular purpose and suitable for its method of application. Accordingly, JCBI and the JCB Dealer are not responsible for the results or consequences of use, misuse or application of its Products by anyone.

16. LICENSE FOR ELECTRONIC MEDIUM ACCESS

  1. Subject to your compliance with this T&C, JCBI grants you a limited license to access and make use of this Electronic Medium. Permission is granted to electronically download or print portions of the Electronic Medium for the sole purpose of personal use and for using this Electronic Medium. Any other use of materials on this Electronic Medium, including reproduction for purposes other than those noted above, such as the modification, distribution or republication, without JCBI’s prior written consent is prohibited.

  2. The said limited license does not authorize or entitle you to do any other act including but not limited to the following:

    1. reproduction, duplication, copying, sale, resale, distribution, transmission, resale or commercial use or exploitation of the Electronic Medium or any of its portions or contents (including but not limited to any copyright material such as literary or artistic works including graphics, product and other designs and images, text, page layout or form, JCB Marks or other proprietary information); any collection and use of any product listings; any collection and use of any product listings, descriptions or prices; any derivative use of the Electronic Medium or its contents without the express written consent of JCBI;

    2. framing or using framing techniques to enclose any portion of the Electronic Medium or hot linking or deep linking any portion of the Electronic Medium (including but not limited to Trade Marks or copyright material or other proprietary information/material such as images, text, graphics, page layout or form) without the express written consent of JCBI;

    3. Use of any meta tags or any other “hidden text” or metadata utilizing the name of JCBI or any of its affiliates, JCB Marks, URL or product name, without the express written consent of JCBI.

  3. Any use of the Electronic Medium or JCBI Online Services beyond the permitted use or in violation of this T&C, as outlined herein, will constitute breach of this T&C and entitle JCBI to (i) terminate this license to the Electronic Medium and JCBI Online Services and/or your account without any notice; and (ii) initiate appropriate legal action for any such breach or illegal or unauthorized use.

17. OWNERSHIP OF INTELLECTUAL PROPERTY

All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights, trademarks, patents and applications therefore, and other information or intellectual property and all rights therein, in respect of the Electronic Medium and the Products (collectively, “Intellectual Property”) will remain the property of JCBI and its affiliates and group entities. You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license or rights of any sort are granted to you hereunder in respect of any Intellectual Property. The sale of Products to you does not include any design, development or related services associated with the Intellectual Property of JCBI or the JCB Dealer.

18. FORCE MAJEURE

The JCB Dealer and/or JCBI shall not be liable for failure to perform or delay in performance or delivery of any Products or Services due to (a) fires, floods, strikes, or other labor disputes, accidents, sabotage, terrorism, war, riots, acts of precedence or priorities granted at the request or for the benefit, directly or indirectly, of any government authority or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by Central, state or local laws, rules or regulations; or (b) any other cause beyond the reasonable control of the JCB Dealer and/or JCBI ( each a “Force Majeure Event”) . In the event of the occurrence of a Force Majeure Event, the time for performance shall be extended for such time as may be reasonably necessary to enable the JCB Dealer to perform. The JCB Dealer and/or JCBI may, during any period of shortage due to any of the above circumstances, allocate its available supply of Products among itself and its Customers in such manner as the JCB Dealer and/or JCBI, in its judgment, deems fair and equitable.

19. DISCLAIMERS AND LIMITATION OF LIABILITY

  1. JCBI provides this Electronic Medium, including all its content, information, text, pictures, logos, links and icons and other materials (without limitation), “as is” and without warranties of any kind, either express or implied. JCBI disclaims all warranties in respect of use of this Electronic Medium including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. JCBI does not warrant the functions contained in this Electronic Medium or that its content will be uninterrupted or error-free, that defects will be corrected, or that the Electronic Medium or its server are free of viruses or other harmful components that may infect or impair the equipment of the User on account of his/her access to, use of, or browsing the Electronic Medium or the downloading of any material, data, text, images or content from the Electronic Medium.

  2. The Electronic Medium may be linked to other websites of third parties, advertisers, affiliates or business partners. JCBI has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites. Inclusion of any link on the Electronic Medium does not mean or imply that JCBI endorses the linked website/webpage. You may use the links and any service or content available thereon at your own risk.

  3. In no event, will JCBI or JCB Dealer be liable for any loss that You may incur as a consequence of unauthorized use of your account or account information, either with or without your knowledge. We shall not be responsible for the delay or inability to use the Electronic Medium or related functionalities or non-availability of the Electronic Medium during maintenance operations or any unplanned suspension of access to the Electronic Medium that may occur due to technical reasons or for any other reason. You understand and agree that any material or data downloaded or otherwise obtained through the Electronic Medium is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. The use of our Electronic Medium is at your sole risk and you assume full responsibility for any costs associated with your use of our Electronic Medium.

  4. You shall notify customercare.india@JCB.com of any known or suspected unauthorized use(s) of your account‚ or any known or suspected breach of security‚ including loss‚ theft‚ or of any unauthorized or infringing material. The Customer support teams shall expeditiously redress the complaints without any unreasonable delay.

  5. JCBI makes reasonable efforts to place accurate, current content on this Electronic Medium. However, JCBI makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Electronic Medium content. Under no circumstances, including, but not limited to, owing to negligence or gross negligence shall JCBI be liable to you for any damages, losses or causes of action exceeding the amount paid by you, if any, for accessing the Electronic Medium. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  6. In no in no event shall JCBI be liable for any direct‚ indirect‚ punitive‚ incidental‚ special or consequential damages or for any damages whatsoever including‚ without limitation‚ damages for loss of use‚ data or profits‚ arising out of or in any way connected with the use or performance of the edurite sites/services for interrupted communications‚ delay‚ lost data or lost profits arising out of or in connection with this T&C ‚ even if JCBI has been advised of the possibility of damages‚ or inability to use the Electronic Medium /services or related services‚ the provision of or failure to provide services‚ or for any information‚ software‚ products‚ services and related graphics obtained through the Electronic Medium‚ or otherwise arising out of the use of the Electronic Medium /services‚ whether based on contract‚ tort‚ negligence‚ strict liability or otherwise‚ even if JCBI or any of its dealers has been advised of the possibility of damages. JCBI does not endorse in anyway any advertisers/ contents of advertisers on its webpages.

  7. Notwithstanding anything, under no circumstances, JCBI shall be held responsible or liable whatsoever or howsoever, for any consequences arising out of, relating to or connected with:

    1. any act or omission done by JCB Dealer or User;

    2. any untrue or incorrect information submitted by the User;

    3. your use of the Electronic Medium or inability to use the Electronic Medium or your reliance on the Electronic Medium in any manner;

    4. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf or otherwise;

    5. any cybercrime attempted or committed by anyone; or

    6. any other act/omission already disclaimed in this T&C, unless stated to the contrary.

  8. Without prejudice to anything contained in this T&C, in no event, shall the cumulative liability of JCBI for any and all claims arising out of the use of JCBI Online Services or the Electronic Medium exceed the amount of paid by you, if any, for accessing the Electronic Medium.

20. COMMUNICATION

You agree to our use of: (a) electronic means to communicate with you; and (b) electronic records to store information related to this T&C or use of JCBI Online Services. When you use JCBI Online Services, you agree and understand that you are communicating with JCBI through electronic records and you consent to receive communications via electronic records periodically and as and when required. JCBI may communicate with you by email or any other mode of communication, electronic or otherwise.

21. AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these T&C at any time without any prior written notice to You. You shall be responsible for reviewing these T&C periodically for updates/changes and should visit this page prior to using this Site to determine the current T&C to which you are bound. Your continued use of the Electronic Medium, following the posting of changes will mean that You accept and agree to the revisions. By impliedly or expressly accepting these T&C, You also accept and agree to be bound by the Electronic Medium policies including but not limited to Privacy Policy as amended from time to time.

22. ASSIGNMENT AND DELEGATION

No assignment of any rights or interest or delegation of any of Your obligations or duty under these terms and conditions, JCB Dealer’s quotation, order acknowledgement, or invoice, or your purchase order may be made without the prior written consent of the relevant JCB Dealer and JCBI. Any attempted assignment or delegation will be wholly void and totally ineffective for all purposes.

23. INTEGRATION CLAUSE

These T&C constitute the terms and conditions for use of the Electronic Medium, and supersedes any prior agreements, understandings, representations and quotations with respect thereto. No modification hereof shall be of any force or effect unless in writing and signed by the party claiming to be bound thereby.

24. WAIVER

No failure of the JCBI to insist upon strict compliance by you with these T&C or to exercise any right accruing from any default on your part shall impair JCBI’s rights arising from such default or in case of any subsequent default by you. Waiver by the JCBI of any breach by you of these T&C shall not be construed as a waiver of any other existing or future breach.

26. DISPUTES

Any issue or dispute or claim regarding the Products and services must be resolved by the Customer with the JCB Dealer directly and should not concern JCB, in any manner.

If any dispute arises between the JCB Dealer and the Customer pertaining to the Product or terms of agreement between the JCB Dealer and the Customer, such dispute shall be redressed by the JCB Dealer immediately and to the best of its ability. However, in the event such dispute is not settled between the JCB Dealer and the Customer, JCB shall act as a mediator and try settle the dispute between parties. However, in no instance shall the Customer or JCB Dealer have any claim against JCB with respect to the transaction of sale between the JCB Dealer and the Customer.

27. JURISDICTION

This T&C shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum, applicable authorities at New Delhi. The place of jurisdiction shall be exclusively in New Delhi.

28. ACCOUNT, PASSWORD AND SECURITY

Any person may access the Electronic Medium and the Products either by registering on the Electronic Medium or using the Electronic Medium as a guest. However, a guest user may not have access to all sections of the Electronic Medium including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Electronic Medium.

Any User can visit the Electronic Medium as a guest User, however, if he wishes to register himself on the Electronic Medium, he/she will be required to give his registered mobile number, and will receive an one-time password (OTP) using which he will register himself on the Electronic Medium by creating an account and by filling in the details prescribed in the Electronic Medium registration form. You will then receive a password and account designation upon completing the Electronic Medium's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify the Electronic Medium of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. JCB cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Electronic Medium for any loss and damage suffered by you on account of your failure to comply with the T&C and reasonably expected good practices in this regard.

If any User provides any information that is untrue, false, not updated, and incomplete or the Electronic Medium has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Electronic Medium shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Electronic Medium (or any portion thereof).

BY STAYING AND FURTHER ACCESSING THE ELECTRONIC MEDIUM, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS IN FULL AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.



Annexure “A”

Parts Warranty Certificate

Examination of the goods has been made by, or on behalf of the Customer and no warranty condition, description or representation on the part of JCBI is given or is to be implied or has been given or is to be implied from anything said or written in the negotiation between the parties or their representatives beyond those mentioned below. Any statutory or other warranty condition, description or representation expressed or implied as to the state of quality or fitness for any purpose of the goods, is hereby expressly excluded.

In lieu thereof, JCBI undertakes to make good by repair or replacement, at its option, free of all charges, any defect in the goods arising, in JCBI’s opinion, from faulty design, materials or workmanship which shall become apparent, within the warranty period of 3 (three) months for parts fitted by Customer or 6 (six) months for parts fitted by JCB Dealer engineer from the date of JCB Dealer invoice on select parts; at the termination or which period, all liability on JCBI’s part ceases automatically.

Provided always and the above warranty is subject to the following conditions:

  • JCBI’s liability extends only to repair or replacement and it accepts no liability for any consequential or other loss, damage or injury resulting directly or indirectly from any defect or indirectly from any defect in the goods

  • JCBI’s warranty does not extend to failure due to defects or damage attributable to wear and tear, improper adjustments, neglect, and alteration of specification or accident.

  • All defective parts must be returned to the JCB Dealer from whom the Product is purchased, immediately together with full particulars of the defects, the machine serial number, the hours worked and the date the machine installed enabling the dealer to raise the claim on the customer behalf. The defective parts, so returned shall become the property of JCBI.

  • In the event of the rejection by JCBI of any claim, the part or parts returned will be destroyed unless specific instructions to the contrary were given when the part or parts were returned.

  • All services & preventive maintenance checks should be completed according to JCBI’s recommendation & reports shall be kept by the JCB Dealer.

  • No claim will be considered, if other than genuine parts manufactured by JCBI or to its order and listed in its catalogue, are used or if other than JCBI’s recommended lubricants are used.

  • This warranty should be construed as strictly limited in its application and is valid only for new JCB products purchased in India and if the goods shall change hands during the period of this warranty, this warranty will cease to have any effect

  • JCBI accepts no responsibility for damage by fire or accident of any kind or damage to Products on account of/or due to any Force Majeure Event, during the term of Warranty.

  • This warranty shall cease to have effect if the purchaser removes or defaces or alters JCBI’s number or nameplate or any other numbers or marks affixed to any JCB Products.

  • For Products supplied free of charge/cost/as gifts and without any consideration, the warranty will not be applicable.

  • JCBI / JCB Dealer accepts no liability for any loss or damage, directly or consequential or the effects of any accident, resulting from the defective materials, faulty workmanship or otherwise. JCBI / JCB Dealer shall not be liable for any loss or damage, direct or consequential resulting from the use of any non-genuine, defective materials / parts, faculty workmanship or otherwise including services carried out otherwise than at the JCB authorized dealerships

  • JCBI / JCB Dealer shall not be held liable for any loss of time to the user whilst the equipment is out of commission either at the user end or while under repair and further JCBI/ JCB Dealer shall not be liable for any labor and other expenses, damage or loss occasioned or claimed to be occasioned.

  • Any claim or obligation in connection with the sale of JCB Products shall be subjected to the jurisdiction of Courts in Delhi only.

  • JCBI’s e-sell service is applicable only within India.