Chilly Robotics Kitchen (CRK) Order Agreement

Terms & Conditions

The Chilly Robotics Kitchen (CRK) Private Limited is laying down terms and conditions for sale, installation and maintenance of its robotic kitchen. These terms and references will be modified with time and product lifecycle. These T&C are issued in good faith to lay down mutual expectations of the company and the customer. While all expectations cannot be laid down in this document, the company aims to focus of Customer Experience and deliver world’s best service. As it is an going, research and development product, it may have few features very different than presented in original feature list. In most cases, the range of equipments finally delivered to the customer will be shown or presented to the customer for their acceptance. Non-acceptance of the final product on day of demonstration, all money deposited will be refunded without question. However, the booking fees will not be refunded.

ROBOTIC KITCHEN AND ITS MOVEMENT AREAS MUST ALWAYS BE CLEAR OF HUMAN BEINGS, PET ANIMALS AND HAZARDOUS OBJECTS OR OBSTRUCTION. ALL SAFETY PRECAUTION AGAINST FIRE AND INJURY HAZARD IS THE RESPONSIBILITY OF THE OWNER OF THE KITCHEN. APPLIANCES ARE MACHINES AND THEY CAN AT TIMES OPERATE IN MANNERS NOT DESIGNED OR ENVISAGED. IT’S OWNER’S RESPONSIBILITY TO TAKE ALL SAFETY PRECAUTION AND MAINTAIN SAFE DISTANCE FROM THE ROBOTIC KITCHEN WHILE IN OPERATION OR MOTION OR POWERED UP.

Documentation.

Your CRK Order Agreement (the “Agreement”) is made up of the following documents:

1. Kitchen Configuration: The Kitchen Configuration describes the kitchen that you configured and ordered, including pricing (excluding taxes and official or government fees).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your final Kitchen Configuration and will include taxes and official or governmental fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Payment (the “Order Date”).

Agreement to Purchase.

You agree to purchase the kitchen (the “Kitchen”) described in your Kitchen Configuration from CRK Pvt Ltd or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Kitchen is priced and configured based on features and options available at the time of order and you can confirm availability with a CRK representative. Options, features or hardware released after you place your order may not be included in or available for your Kitchen.

Purchase Price, Taxes and Official Fees.

The purchase price of the Kitchen is indicated in your Kitchen Configuration. This purchase price does not include taxes and official or government fees, which could amount to up to 18% or more of the kitchen purchase price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you buy or instal the kitchen, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.

Order Process and Changes.

After you submit your completed order and the options you selected become available in production, we will begin the process of matching your order to a kitchen and coordinating your Kitchen delivery. Your Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Kitchen. Until your Kitchen is delivered to you, you may cancel your order at any time, in which case you will receive a full refund of your Order Payment. Until your order is matched to a kitchen, you may make changes to your Kitchen Configuration. If you make changes to your Kitchen Configuration, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your Kitchen Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Kitchen Configuration that will form part of this Agreement. When you take delivery of the kitchen, we will provide a credit to the final purchase price of your Kitchen equivalent to the amount of the Order Payment you paid. This Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

Delivery And Installation.

If you are installing your Kitchen in a state where we are licensed to sell the Kitchen, we will notify you of when we expect your Kitchen to be ready for delivery at your delivery address, or other location as we may agree to. You agree to schedule and take delivery of your Kitchen within one week of this date. If you are unable to take delivery within the specified period, your Kitchen may be made available for sale to other customers.

If you wish to install your kitchen in a state where we are not licensed to sell the kitchen, or if you and CRK otherwise agree, CRK will, on your behalf, coordinate the shipment of your Kitchen to you from our factory where we are licensed to sell the Kitchen. In such a case, you agree that this is a shipment contract under which CRK will coordinate the shipping of the kitchen to you via a third-party common carrier. You agree that delivery of the Kitchen, including the transfer of title and risk of loss to you, will occur at the time your Kitchen is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Kitchen while in transit and you will be the beneficiary of any claims for damage to the Kitchen or losses occurring while the Kitchen is in the possession of a common carrier.

The estimated delivery date of your Kitchen, if provided, is only an estimate as we do not guarantee when your Kitchen will actually be delivered. Your actual delivery date is dependent on many factors, including your Kitchen’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Kitchen an all proceeds therefrom until your obligations have been fulfilled.

Privacy Policy; Payment Terms for Services;

CRK’s Customer Privacy Policy and Payment Terms for Services  are incorporated into this Agreement and can be viewed at www.chillybot.com/about/legal.

PAYMENT PLAN : Company will bring out sales offer and discount from time to time. The offer plan applicable to you will be the one that was either selected by you or offered by the company as good gesture as business promotion. Each offer will have a payment plan which is agreed by you on the payment or checkout page. Payment plan is also shared with you in the invoice copy. Non-adherence to the payment schedule or payment plan will disqualify you for the discount that was offered at the time of booking and you will have to pay the non-discounted price for the kitchen or its accessories.

Agreement to Arbitrate.

Please carefully read this provision, which applies to any dispute between you and CRK, Pvt Ltd. and its affiliates, (together “CRK”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to [email protected].

If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and CRK will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the Indian Arbitration Association (IAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.

Place of arbitration will be Delhi and within jurisdiction of Delhi High Court. Arbitrator will be appointed by the company. Cost of arbitration will be borne by both parties as 50% each.

The arbitrator may only resolve disputes between you and CRK, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing CRK Kitchens. In other words, you and CRK may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.

If you prefer, you may instead take an individual dispute to small claims consumer court.

You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: CRK, Pvt Ltd, DLF Tower A-204, Jasola Vihar, New Delhi, your name, Kitchen Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.

Warranty.

You will receive the CRK New Kitchen Limited Warranty  at or prior to the time of Kitchen delivery or pickup. You may also obtain a written copy of your warranty from us upon request or from our website. All warrantees / guarantees or service assurance will cease to exist if the equipment is opened or serviced or tampered by anyone other than authorized service agent who has been assigned the duty to service or attend to the robotic kitchen. Hardware or Software are all are to be accessed only by authorized company agents on duty.

Limitation of Liability.

We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Payment. You agree to take all precaution iro fire and safety hazard in and around your kitchen. It will be violation of all warranty if the equipment is not used as it was designed and demonstrated.

No Resellers; Discontinuation; Cancellation.

CRK and its affiliates sell kitchen directly to end consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Kitchen or that has otherwise been made in bad faith. We may also cancel your order and refund your Order Payment if we discontinue a product, feature or option after the time you place your order or if we determine that you are acting in bad faith.

Brand Ambassador Reward Program (For First 1000 Kitchen-Owners)

The Company offers to appoint first one thousand customers as our brand ambassadors. s Brand Ambassador Fees: Payable to those customers who complete FIVE referral sales. 50% of the average price of one kitchen sold will be payable on every five referral sales. Completion of sales implies 100% payment of the kitchen and its accessories has been made to CRK account, kitchen installation is complete and a cooling period of three months has passed without any return or discrepancies. This policy will be reviewed every year at the sole discretion of the company. The company reserves the right to withdraw this program without any notice or liability to our customers or brand ambassadors.

As valued Brand Ambassadors, you will be allowed to make social media advertisements and reach out to friends and relatives to accomplish referral sales. You will not making any commitments of delivery or warranty or performance beyond the company policy as on website and it’s product catalogue.

The decision of the company in application of this policy, appointing, retaining or dismissing any of the brand ambassador will be final and at the sole discretion of the company.

Governing Law; Integration; Assignment.

The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell appliances and Kitchens that is nearest to your address indicated on your Kitchen Configuration. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

State-Specific Provisions.

You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions attachment to this Agreement.

This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.

NOTICE TO PURCHASER / CUSTOMER

IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, ITS AGENT, OR AUTHORIZED DEALER IS UNABLE TO REPAIR OR CORRECT ANY NON-CONFORMITY, DEFECT, OR CONDITION WHICH RESULTS IN SIGNIFICANT IMPAIRMENT OF THE Kitchen, THE MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL REPLACE THE Kitchen WITH A COMPARABLE Kitchen, OR ACCEPT RETURN OF THE Kitchen FROM THE CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE, INCLUDING ALL SALES TAX, LICENSE FEES, REGISTRATION FEES, AND ANY SIMILAR GOVERNMENT CHARGES. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS, YOU MAY CONTACT THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS.