These Terms and Conditions (“Terms”) govern the rental of wheelchairs and related products (“Product”) offered by Arcatron Mobility Private Limited (operating under the brand “Frido”) (“Company”, “we”, “us”, “our”) to the person placing the rental order (“Customer”, “you”, “your”). By placing a rental order and/or making payment towards the rental, the Customer confirms having read, understood and agreed to be bound by these Terms.
1. Rental Plan and Term
1.1 The Product shall be rented for the tenure selected by the Customer at the time of booking (“Rental Term”), as per the pricing and plan communicated by the Company for that Product.
1.2 Rental charges are payable in advance for the Rental Term selected, except where a recurring payment mandate has been set up as advised by the Company.
2. Payment Terms
2.1 The Customer shall pay the applicable rental charge in full before the Product is delivered.
2.2 Where recurring rental instalments apply, the Customer authorises the Company to collect subsequent instalments through a recurring payment mandate set up on the Company’s payment gateway.
2.3 If a scheduled rental payment is delayed or fails, the Company reserves the right to suspend the rental and arrange for pickup of the Product, upon prior intimation to the Customer, without prejudice to the Company’s right to recover any outstanding dues.
2.4 Penalty: Without prejudice to any other right or remedy available to the Company under these Terms or in law, the Customer shall be liable to pay a penalty at the rate of 18% (eighteen percent) per annum in the event that the Customer: (a) fails to pay any rental or other amount due by its due date; (b) makes delayed or irregular payments; or (c) upon termination, closure or expiry of the rental, fails to return the Product to the Company. The said penalty shall be calculated on the amount due and shall accrue from the due date, or the date of termination, closure or expiry (as applicable), until the date of actual payment or the date of return of the Product, as the case may be. For the purpose of clause 2.4(c), the amount due shall be computed on the basis of the value (prevailing listed price) of the Product. This penalty is in addition to, and not in substitution of, the Company’s rights under clauses 3 (Security Deposit), 7 (Damages and Liability for Loss) and 11 (Termination).
3. Security Deposit
3.1 A refundable, interest-free security deposit (“Deposit”) is payable by the Customer at the time of booking, in the amount specified for the Product/plan selected.
3.2 The Company may adjust the Deposit, in whole or in part, towards:
- any damage to the Product beyond normal wear and tear;
- loss, theft, or non-return of the Product;
- any outstanding rental amount, penalty, or other dues owed by the Customer.
3.3 The Deposit, or the balance remaining after any adjustments under clause 3.2, shall be refunded to the Customer within 15 (fifteen) working days from the date the Product is received back by the Company and a quality-check (“QC”) inspection has been completed.
4. Early Closure or Change in Tenure
4.1 If the Customer closes the rental, terminates the rental, or returns the Product before completion of the Rental Term selected, the rental charges shall be recalculated on the basis of the plan rate applicable to the actual term for which the Product was used, determined in accordance with clauses 4.2 to 4.4 below, and the amount payable shall be computed accordingly for the number of months for which the Product was actually used.
4.2 Where the Rental Term selected is 1 (one) month, the rental paid for that month shall stand forfeited in full and no refund of the rental shall be payable to the Customer on early closure or termination.
4.3 Where the Rental Term selected is 3 (three) months and the rental is closed or terminated before completion of 3 (three) months, the rental shall be recalculated at the 1 (one) month plan rate for the term actually served, the charges for the months actually used shall be deducted, and the balance, if any, shall be refunded to the Customer or adjusted against the Deposit, as applicable.
4.4 Where the Rental Term selected is 6 (six) months and the rental is closed or terminated before completion of 6 (six) months, the rental shall be recalculated on the basis of the actual term served, as follows: (a) where the Product has been used for 1 (one) or 2 (two) months, at the 1 (one) month plan rate; and (b) where the Product has been used for 3 (three) to 5 (five) months, at the 3 (three) month plan rate. The charges so computed for the months actually used shall be deducted, and the balance, if any, shall be refunded to the Customer or adjusted against the Deposit, as applicable.
4.5 Any discount, concession, or benefit availed by the Customer on account of having opted for a longer Rental Term shall stand withdrawn upon such early closure or termination, and any shortfall arising on such recalculation shall be recovered from the Deposit or billed to the Customer separately.
(For example, if a 6-month plan is opted for and the rental is closed after 1 month, the rental charge payable shall be computed at the 1 (one) month plan rate for the period actually used; if the same 6-month plan is closed after 4 months, the rental charge payable shall be computed at the 3 (three) month plan rate, and any excess discount already availed shall be adjusted accordingly.)
5. Delivery, Use, Care and Return of the Product
5.1 The Company shall deliver the Product only upon receipt of the full applicable payment.
5.2 The Customer shall use the Product with reasonable care and only for its intended purpose, and shall not modify, repair, sublet, resell, or permit unauthorised use of the Product.
5.3 Ownership and title to the Product shall, at all times during the Rental Term, remain with the Company. The Customer shall have no right to sell, pledge, transfer, or create any encumbrance over the Product.
5.4 On expiry, termination, or closure of the rental, the Customer shall return the Product in the same condition in which it was delivered, ordinary wear and tear excepted.
6. Service and Maintenance
6.1 The Company shall provide free-of-cost service/maintenance for the Product during the Rental Term for issues arising from normal use. This shall not cover any damage or malfunction caused by mishandling, misuse, accident, or unauthorised repair by the Customer.
6.2 The Customer shall promptly notify the Company of any defect or malfunction. The Company shall use reasonable efforts to resolve minor issues within 5 (five) working days of such notification; where the Product needs to be picked up for major repairs, the Company shall, subject to availability, provide a replacement Product or a pro-rata rental credit for the period the Product is unavailable.
6.3 Where service or repair is required on account of damage caused by the Customer, the cost of such service/repair shall be borne by the Customer, and rental charges shall continue to accrue and be payable for the period the Product remains under repair.
6.4 The Customer shall not carry out, or permit, any repair, alteration, or servicing of the Product except through the Company or its authorised service partner.
7. Damages and Liability for Loss
7.1 The Customer shall be liable for any damage to the Product occurring during the Rental Term, other than normal wear and tear. Such cost shall first be recovered from the Deposit; any amount exceeding the Deposit shall be payable separately by the Customer.
7.2 In the event of loss, theft, or damage rendering the Product unusable or unrecoverable, the Customer shall be liable to pay the Company the prevailing listed price of the Product, after adjusting the Deposit already held.
8. Conversion from Rental to Purchase
8.1 The Customer may, during or at the end of the Rental Term, opt to convert the ongoing rental into a purchase of the same rented unit.
8.2 On such conversion, the rental paid for the first month as per the one month plan of the product of the Rental Term shall stand forfeited and shall not be credited or adjusted towards the purchase price, irrespective of whichever plan was selected at the time of start of renting the chair. The deposit shall be refundable subject to prior inspection and quality checks by the Company.
8.3 The rental amounts paid by the Customer for the period subsequent to the first month shall be adjusted in full against the purchase price of the Product.
8.4 The purchase shall be made at the prevailing Listing Price of the Product, and no further discounts, coupons, or promotional offers shall be applicable to such purchase.
8.5 Conversion to purchase can only be claimed on the same Product unit that was rented by the Customer, and not on any replacement or different unit.
8.6 Conversion shall be subject to the Product having passed the Company’s quality-check (QC) / condition check at the time of conversion.
9. Product Use and Health Disclaimer
9.1 The Product is a mobility-assistance device. The Customer is responsible for assessing the suitability of the Product for their specific needs and, where required, consulting a qualified medical professional.
9.2 The Company shall not be liable for any injury, harm, or loss arising from misuse, unauthorised modification, or use of the Product contrary to the instructions provided by the Company.
10. Limitation of Liability
10.1 The Company’s aggregate liability under these Terms, howsoever arising, shall not exceed the total rental amount paid by the Customer for the relevant Rental Term.
10.2 The Company shall not be liable for any indirect, incidental, or consequential loss or damage arising out of the rental or use of the Product.
11. Termination
11.1 The Company may terminate the rental and recover the Product immediately in the event of non-payment, misuse, or any breach of these Terms by the Customer.
11.2 The Customer may close the rental at any time by giving notice to the Company and returning the Product, subject to clause 4 (Early Closure or Change in Tenure) above.
11.3 Upon termination, closure or expiry of the rental, the Customer shall forthwith return the Product to the Company. Should the Customer fail to do so, the Customer shall, without prejudice to the Company’s rights under clauses 2.4 and 7, be liable to pay the penalty at the rate of 18% (eighteen percent) per annum computed on the value (prevailing listed price) of the Product, from the date of such termination, closure or expiry until the Product is returned or the amount due is paid in full.
12. Force Majeure
12.1 The Company shall not be liable for any delay or failure in performance arising from circumstances beyond its reasonable control, including natural calamities, strikes, pandemics, or government action.
13. Governing Law and Jurisdiction
13.1 These Terms shall be governed by the laws of India. The courts at Pune, Maharashtra shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
14. Amendment
14.1 The Company reserves the right to amend these Terms at any time. Updated Terms shall be published on the Company’s website/order platform and shall apply prospectively from the date of such update.
15. Acceptance
15.1 By placing a rental order (online or offline) and/or making payment towards the rental, the Customer confirms having read, understood, and agreed to be bound by these Terms and Conditions in their entirety.
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