The copyright of this website is owned by Creative Newtech Limited. No part or product(s) here of may be reproduced, distributed, published, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in any information retrieval system without the prior written permission of Creative Newtech Limited. Permission may be granted to download and print the material on this website only for personal and non-commercial use provided the contents are not modified. This permission will terminate automatically if any of these terms or conditions are violated. Customers are expected to destroy any downloaded and / or printed materials upon such termination. “Mirroring” of any material contained on this website or on any other server is strictly prohibited without the prior express permission in writing from Creative Newtech Limited

TRADE MARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this website are registered and unregistered Trade Marks of and others. Nothing on this website should be taken as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website, without the prior written permission of CREATIVE NEWTECH LIMITED or other respective Trade Mark owners. CREATIVE NEWTECH LIMITED uncompromisingly enforces its intellectual property rights to the fullest extent of the law. The name of CREATIVE NEWTECH LIMITED or the Nexigen logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission of CREATIVE NEWTECH LIMITED and prohibits use of the Nexigen logo as a “hot” link to any site without the prior written permission of CREATIVE NEWTECH LIMITED PRIVACY POLICY

This Privacy Policy is to inform customers of our online information practices, our practices concerning the collection, storage, processing, transfer, and use of personal information and the choices available regarding the collection and use of customer’s personal information. By submitting your personal information to the Company through this website or otherwise, you thereby give your consent to the handling of your personal data in the manner described in this policy.

Content, Prices, Specifications, Quality, Terms and Conditions are subject to change without prior notice.

1. DEFINITIONS

1.1 “Nexigen” means CREATIVE NEWTECH LIMITED a company registered under The Companies Act, 1956 having its Registered Office 3rd & 4th Floor, Plot No. 137AB, Kandivali Co Op Industrial Estate Limited, Charkop, Kandivali West, Mumbai, Maharashtra, India and engaged in the business of dealing in and any other products launched by Nexigen from time to time.

1.2 “Customer” means any person, individual, body corporate or other legal entity whether incorporated or not and identified in Proposal / Quotation and / or Invoice of CREATIVE NEWTECH LIMITED and residing in the territorial limits of the Union of India.

1.3 “Contract” means a contract for sale by Nexigen to a Customer of any Product(s) and / or services incorporating these terms and conditions.

1.4 “Order Confirmation” means formal acceptance by Nexigen of any order for Product(s) placed by a customer.

1.5 “Price” means the price as per CREATIVE NEWTECH LIMITED Proposal / Quotation and / or Order Confirmation where precedence will be given to the latter.

1.6 “Product(s)” mean any part(s) and / or Product(s), Device(s) as described in the Order Confirmation and may include Nexigen – Branded Product(s), Other Non-Nexigen Third Party Product(s) and Service Offerings.

1.7 “Service Offering(s)” mean the various service options offered by Nexigen for Nexigen – Branded Product(s)s or any part of them and for varying periods, as described in Nexigen published literature, including but not limited to Nexigen Invoice and / or Nexigen Service Description.

1.8 “Third Party Product(s)” mean Product(s) and / or services of brands other than “Nexigen”

1.9 “Eligible Repairs” mean repair of any product(s) which have not been tampered and  or handled by any unauthorized personnel.

1.10 “Service Centre” means an Nexigen service center and/or any Service Centre authorized by NEXIGEN (authorized service partner) in this behalf ,
“List of Service Centers” can be available from support team.

1.11 “Carry-in warranty” means Customer brings the Product(s) to any Nexigen Service Centre or any service center duly authorized by Nexigen and collects the same after the repair/ service.

2. DISCLAIMER

Information contained in this website is for general information purposes only. The information is provided by Nexigen and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, Product(s), services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Through this website you may be able to link to other websites which are not under the control of Nexigen. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

3. GENERAL

3.1 Warranty on all “Nexigen” products is governed by the “Nexigen Warranty Terms and Conditions” specified on www.Nexigen.in in force at the time of availing any service and/ or support. Such Warranty Terms and Conditions are liable to change from time to time without any notice to Customers. Any product not covered under the above terms, will be deemed to be outside the purview of warranty and accordingly service and support will be on chargeable basis only.

3.2 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Nexigen. Any such unauthorized assignment shall be deemed to be null and void vis-a-vis Nexigen.

3.3 If any provision or provisions of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

3.4 No Waiver. Any failure or delay on Nexigen ‘s part in exercising any power or right under this agreement does not amount as a waiver, or any single act or partial exercise of any power or right does not exclude any other or further exercise, or the exercise of any other rights or powers.

4. CONTRACT FORMATION

4.1 The Contract shall come into existence only on a Customer Order being executed by Nexigen. The Customer indemnifies that the buying is for self-use only and not for re-sale purposes.

4.2 The Product(s) sold and / or Services rendered are subject to these Terms and Conditions only and no other terms and conditions stipulated or referred to by Customer shall be entertained (except as contained in any Sales Invoice raised by Creative Newtech Limited). The Customer acknowledges that they have read and are aware of the contents of and agree to be bound by these Terms and Conditions. Nexigen acknowledgment of a purchase order or it’s failure to object to, varying, conflicting, or additional terms and conditions in a purchase order shall not be deemed an acceptance of such terms and conditions or a waiver of the terms and conditions hereof.

5. SOFTWARE

5.1 Any software(s) provided are subject to the terms and conditions of the license agreement relating to that software. Customers acknowledge their obligations to agree to such license agreements. Customers acknowledge that Nexigen does not warrant any software under these Terms and Conditions. All software is warranted according to the license agreement that governs its usage.

5.2 All rights, title or interest in respect of the intellectual property rights relating to software will always remain with the respective licensor of the software at all times.

6. PRODUCT(S) WARRANTY PERIOD AND TYPE

The Warranty period for Nexigen products shall be as specified based on different category. The applicable warranty service type shall be mentioned as below.

Tablet PC, IFPD, Laptop, Desktop/ Workstation, All-in-one PC and other IT Consumer Electronic products standard warranty period is 12 months for any manufacturing defect only and 12 months for the battery, as of the date of device purchase.

Additional 2 years warranty may be applicable subject to extended warranty purchase.

Power Adapter bundled with device also covers 12 months warranty from the date of device purchase.

Charging Cable, cover, earphone and additional accessories bundled with device covers 6 months warranty from date of device purchase.

Bringing the products to the service centre is the customer’s responsibility and the customer will do so at their own expense.

This warranty does not cover any damage caused by inadequate maintenance.

This warranty is valid only if presented along with a purchase invoice.

The instruction manual should be read carefully.

This warranty is applicable only for products that were imported and distributed by Creative Newtech Limited.

This warranty does not cover damage caused as a result of falling, breaking, wrong handling, short circuit, force majeure, and negligence.

This warranty does not provide rights or demands, which are not included in this certificate of warranty.

Caution!! – Any contact between fluid caused irreversible damage, which is not covered

7. DOA WARRANTY TERMS FOR NEXIGEN

Any product found faulty or not in proper working condition within 7 working days of the date of purchase is deemed to be a DOA product. The date of purchase will be included for calculating the above period.

DOA material will be handled / accepted only at the point from which it was first sold (i.e., Dealer / Distributor, Retailer etc.)

All claims under DOA would be subject to the product being returned along with all accessories and the original packaging. Nexigen will not entertain any claims for DOA in the absence of any of the above.

8. PRODUCT(S) S ACCEPTANCE

Product(s) shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract unless Nexigen is notified in writing to the contrary within three working days of purchase of the Product(s). The date of purchase will be included for calculating the above period.

9. WARRANTY DOES NOT COVER:

Consumable and wear items, such as sealing strips, injector pin or second-hand products, or purchased outside of the warranty period.

Damage caused by external sources, such as liquids, hot materials, burning, weather, or proximity to heal, e.g., fires, ovens, radiators, lightning etc.

Any product(s) not manufactured by or for Nexigen, or first sold to an end-user in a country outside the Territorial Scope of this Limited Warranty.

Failure to use the Product(s) in accordance with the User’s Guide that may accompany the Product(s), or any other abuse or neglect with respect to the Product(s);

Servicing, repairs, modifications or handling etc. by any unauthorized personnel. Use of products(s) not manufactured and / or sold by Nexigen or its Service Centers.

Damage resulting from improper packaging during transportation of the product(s) to any Nexigen Service Center/ Nexigen authorized service partner.

Consumable product(s), i.e., product(s) that require periodic replacement during the normal course of the Product(s)’s use, including without limitation, batteries etc.

Causes external to the Product(s), such as electric power fluctuations or failure.

Normal wear and tear (including damage to the coating on the surface of the product(s))

The Serial number / any other number identifying the product(s) or warranty seal of the Product(s) being modified and / or removed and / or defaced and /or tempered.

Defects due to cause beyond control like lightning, abnormal voltage and any component burn due to that, or failures due to power surge and acts of God will not be covered.

Any physical damage to the product(s).

Nexigen reserves the right to refuse service to any customer for reasons furnished in writing.

10. COVERAGE OF LIMITED WARRANTY

This Limited Warranty does not cover user manuals and / or any third party software’s, settings, contents, data or links, downloaded in the Product(s), whether included or not during activation or at any other time in the delivery chain or otherwise and in any way acquired by the Customer.

When making a Limited Warranty claim you have to present:

1. The Device(s) (or affected part thereof)
2. The original proof of purchase, which clearly indicates the name and address of the seller, the date and place of purchase, the Product(s) type and and other valid serial number in case of other products

The company reserves the right to refuse to repair / service any product(s) in the absence of any of the following:

1. Original Proof of purchase
2. Valid serial number on other products

Any physical damage to the product(s) shall render the warranty on the product(s) null and void. Repairs and / or service on such products shall be purely on chargeable basis and at the sole discretion of Nexigen.

In the event of any service being availed from Nexigen on chargeable basis, the charges for the same have to be paid in cash/credit card/online payment  mode in advance at the service centre at the time of handing over the product for repair and/ or service.

To the extent permitted by applicable law(s), Nexigen does not warrant that any software supplied with the Product(s) and / or subsequently acquired by the customer will meet his / her requirements and will work in combination with any other hardware or software applications provided by a third party, that the operation of the software will be uninterrupted or error free or that any under-performance in the software are correctable or will be corrected.

Nexigen warrants any Nexigen Product(s), including genuine Nexigen product(s) and components (offered as “Options” and/or “Accessories) which have been installed in your Nexigen Product(s) at the time of purchase, to be free from malfunction in materials and / or workmanship under conditions of normal use and for the duration of the warranty period specified.

Software related faults resulting from incorrect installation of software (except where the software is installed by Nexigen), the failure of the product to perform any purpose other than its intended purpose and viruses or bugs shall not be considered as product faults.

For any claim under this Warranty, Nexigen will, at its discretion, repair and / or replace any malfunctioning product(s) by using new or factory-refurbished product(s). In the event Nexigen opts to use factory-refurbished product(s), they will have the performance characteristics equal to those of new product(s). All product(s) replaced under this Limited Warranty will become the property of Nexigen.

Some of the products may have one or more special features along with the regular features. Nexigen warrants such products to be free from malfunction in materials and / or workmanship under conditions of normal use. Nexigen shall not be liable directly or indirectly for any claim for compensation due to inconvenience, loss of time, loss of profits, loss of business opportunity, loss of data, loss of goodwill, work stoppage, any personal and / or commercial loss, compensation for mental agony, anxiety, etc. (including any personal injury or death) resulting from the non-performance of one or more of such features under special / critical circumstances of any nature whatsoever. The liability of Nexigen in all such circumstances will be restricted to the cost of the product only.

11. SERVICE AND TECHNICAL SUPPORT

11.1 Repair or replacement will be carried out through the Company’s Service Centers or its Authorized Service Partners. The list for the same can be obtained from any of the Company’s offices or its website.

11.2 Nexigen will provide general service and technical support to all its Customers in accordance with the prevalent service and technical support policies. Levels of service and support provided may vary from product(s) to product(s).

11.3 Nexigen reserves the right to revise from time to time its general and optional service and support programs and the terms and conditions that govern them. Nexigen shall not be liable to provide service or support until full payment for the Product(s) and / or service has been made.

11.4 In the event of repairs / replacement of any part(s) of the product, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty. Moreover, the time taken for repair / replacement and in transit whether under the warranty or otherwise shall not be excluded from the warranty period.

12. TERMS & CONDITIONS OF SERVICE

This document outlines the terms and conditions of repairs and / or services applied within the Nexigen service centers. This document applies to all repair and / or service requests in respect of Nexigen products being repaired and / or serviced at Nexigen service centers.

12.1 Release of products to us is taken as acceptance of these terms.

12.2 The customer confirms that he is the owner / representative of the owner for the device requiring repair and / or service and is duly authorized to request Nexigen for repair and / or service.

12.3 The customer confirms that he has taken a backup of all data (if any) in the product(s) and has taken all necessary precautions for prevention of loss of any data whatsoever in the products(s). Nexigen cannot be held responsible / liable for loss of any data whatsoever in the products(s). It is the customer’s responsibility to safeguard all such data prior to any request for repair and / or service.

12.4 The customer confirms that the description of the fault is accurate and that no other fault(s) exist to the best of his / her knowledge. Nexigen cannot be held responsible for non-servicing / non rectification of faults not specifically declared / pointed out at the time of request for repair and / or service.

12.5 Any product(s) taken for repair and / or service on the basis of warranty are repaired and / or serviced under warranty conformant to the terms and conditions set out of by Nexigen from time to time. The accredited engineer’s decision in this matter will be final and binding on the customer.

12.6 Prior approval of the customer will be taken for any unspecified / additional faults / damages (incl. physical damage) found at the time of repair and / or service. Any consequential additional time taken shall be over and above the estimated time given at the time of accepting the product(s) for repairs and / or service.

12.7 All repairs / service in respect of out of warranty product(s) will be strictly on chargeable basis. All such charges will be payable up-front.

12.8 Repair, Service and/or support of “Nexigen” products which are out of warranty are subject to availability of spare parts.

12.9 Customers are expected to remove any / all accessories provided with the product(s) prior to handing over the same for repair and / or service. Nexigen cannot be held responsible for accessories provided with the product(s), unless specifically retained by the engineer. Accessories include, but are not limited to: emory, Batteries, Battery Covers, Cases, Straps, cables and remote, etc.

12.10 Customers are expected to collect the product(s) promptly against full payment (in case of chargeable repair and / or service).

12.11 At the time of collecting product post repair/service, customers are expected to carry the Customer Receipt Form/ Receipt voucher/ job sheet issued at the time of handing over of product for repair/service. Service center may refuse to deliver product in the absence of the original receipt.

12.12 Products(s) received for repair and / or service via post, courier or any other means of transport will be taken at customer’s risk. Nexigen cannot be held responsible for any loss or damage during transit.

12.13 Any timescale given at the time of acceptance of product(s) for repair and / or service is an estimate only. Nexigen will try its level best to adhere to this timescale. However, if for any reasons, there is further delay (up to 6 -8 weeks in some cases) customer shall not be entitled to make a claim for any liabilities and / or damages.

12.15 The company reserves the right to refuse to repair / service any product(s) in the absence of the ORIGINAL PROOF OF PURCHASE.

12.16 In the course of any repair and / or service, and in the interest of the customer, Nexigen may need to re-flash, upgrade, update or otherwise activate, re-activate software and / or services related to the product(s) (including software updates, virus definition updates and service activations).

12.17 During the warranty period Nexigen will at no additional charge, replace defective parts or products with new parts or serviceable parts or products that are equivalent to new parts or products in performance. All replaced or exchanged parts which are removed under this warranty shall be the property of Nexigen.

12.18 Cosmetic damage* does not void the warranty but it is not covered under the warranty – the same can be refurbished on chargeable basis subject to availability of parts.

(Cosmetic damage* – It is only related with the colour coating, rubber coating of casing, logo print erase, key print erase and the damage of casing only)

12.19 Warranty will stand null and void if the damage caused to the Nexigen Product(s) is due to use of non-standard/ sub-standard batteries, hands-free, memory card & charger etc. or such other electronics devices, consumables and accessories.

12.20 Immediate replacement or repair and/or service of any product is subject to availability of an equivalent product and/or spare parts at the service center.

12.21 Performance and / or compatibility of Nexigen product(s) in conjunction with other electronic devices/software/firmware/third party service provider may vary from device to device. Nexigen will not be responsible for replacement and/ or repairs of such Product(S).

12.22 Performance of data cards/USB Modems, electronic devices etc. of other brands used in conjunction with Nexigen products may or may not be optimum. Nexigen cannot be held responsible for replacement and/ or repairs for such product(S).

13. CHARGEABLE WARRANTY TERMS

All products on which the warranty has expired / not claimed under warranty will be repaired / serviced on chargeable basis only, subject to availability of spare parts and payment for the same to be made upfront.

13.1 Any physical damage to the product(s) shall render the warranty on the product(s) null and void. Repairs and / or service on such products shall be purely on chargeable basis and at the sole discretion of Nexigen.

13.2 If any product or accessory has been handled by any third party or the warranty seal is broken, the warranty on such product or accessory will become null and void and all future repairs and / or service will be on chargeable basis only.

13.3 Warranty on repaired and / or replaced part(s) will be for the remainder of the original warranty period or for thirty (30) days from the date of repair and / or replacement whichever is later and will be limited to the repaired / replaced part only.

13.4 Warranty on all Nexigen products is governed by the “Nexigen Warranty Terms and Conditions”. Any product not covered under the above terms, will be deemed to be outside the purview of warranty and accordingly service and support will be on chargeable basis only.

14. FORCE MAJEURE

This contract is subject to Force Majeure events and neither party shall be responsible for delays arising there from.

15.GOVERNING LAW

15.1 All disputes arising out of any Sales and or Service Agreement or any matter incidental thereto shall first be referred to Arbitration under THE ARBITRATION AND CONCILIATION ACT, 1996. The decision of the Arbitrator in the matter shall be final and binding on both the parties hereto. Such Arbitration shall be held at Mumbai, Maharashtra, India only and the courts at Mumbai, Maharashtra, India alone shall have the jurisdiction to deal with the arbitration proceedings and the awards in accordance with the law.

15.2 In case of any disputes, the same shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

Every effort is being made to keep the website up and running smoothly. However, Nexigen takes no responsibility or liability for the website being temporarily unavailable due to technical issues or reasons beyond our control.

All the above terms and conditions are subject to change without any prior intimation.

16. CONTACT INFORMATION
    
    For more information about the terms of services, can contact us on support@nexigen.in