The Dealer and the Customer hereinafter individually called "the Party" and collectively called "the Parties" and the plan is named as PSMP (Porsche Schedule Maintenance Plan).
1. WHEREBY IT IS AGREED between the parties as follows:
1.1 This agreement is applicable only for the vehicle detailed in this contract.
1.2 The PSMP will be executed for the agreed period and mileage mentioned in the contract whichever occurs earlier, viz. commencement date as specified and ending at the earliest of the following:
1.2.1 The finishing/completion date specified above; or
1.2.2 The attainment of the agreement valid KMs running of the vehicle specified above; or
1.2.3 The termination of this Agreement under any other provision/s of this Agreement.
2. PSMP includes:
2.1 The cost of scheduled maintenance services depending on the plan you have purchased. A description of the actual maintenance operations and service intervals is found in the Maintenance Guide included with your Owner’s Manual Package or as mentioned in the annexure sheet provided with the contract. The services correspond to the time or mileage reached up to the limits of your plan’s coverage. Scheduled Maintenance services must be performed within the manufacturer’s scheduled service interval. Any missed events will be lost and will not be refunded.
2.2 For complete details regarding scheduled maintenance services, please refer your Porsche Owner’s Manual. All scheduled maintenance services, if any, must be completed by an authorized Porsche Dealer in India in order to qualify under PSMP. This contract is valid only within the jurisdiction of Indian boundaries. Services must be scheduled with an authorized Porsche dealer and the vehicle must be delivered to the dealer’s location to obtain service.
2.3 Price inflation of the parts and labor covered under the purchased plan, while it is in force.
3. PSMP Exclusions:
3.1 The rectification of damage caused by:
3.1.1 Accidents or external influences.
3.1.2 The use in parts in Vehicle other than original Porsche spare parts sold by Porsche India authorized workshop.
3.1.3 The use in the Vehicle of oils or other service products which have not been approved/supplied by Porsche India and its Dealers.
3.1.4 Neglect, misuse, abuse or improper handling of a vehicle and unauthorized modifications made to a vehicle by the Customer or any third party.
3.1.5 The use of a vehicle for any application other than normal road use such as for the carriage of goods, or any specialist application, etc.
3.2 The repair or maintenance of any part not mentioned in the list of inclusions in Annexure.
3.3 Any damage to a part or complete or partial fuel system due to water, adulteration or foreign objects in the fuel.
3.4 The maintenance and/or repairs of any paint work.
3.5 Carrying out of any modifications required by law.
3.6 Any measures required by the Owner's Manual for a Vehicle to be carried out in preparing a Vehicle for storage for an extended period of time and the elimination of damage arising during any such period of storage (hose cuts, cracks, deformation of components, etc.).
3.7 The rectification of any damage or other work arising as a consequence of the customer refusing, or failing to make a vehicle available in the workshop of Porsche India authorized Dealer.
3.8 Repairs carried out under any warranty given at the time of sale of a Vehicle.
3.9 Any damages Caused by 'force majeure' such as earthquake, vandalism, etc.
4. Contractual Term period:
4.1 This Agreement shall be in force for mentioned period and mileage kms whichever occurs earlier, as specified hereinabove. The agreement period cannot be extended from stipulated period if any of the services are skipped/missed.
5. Dealer's Obligations:
5.1 "Dealer" agrees that, unless otherwise directed in writing by the Customer, it shall regularly, at the intervals where appropriate, arrange for the works to be executed and performed by the Dealer or by a nominated workshop during the relevant agreed period.
5.2 That the dealer or nominated workshop may at its absolute discretion fit to a Vehicle any genuine Porsche genuine part or parts that it deems necessary for the efficient, safe and reliable operation of such Vehicle.
6. Customer's obligations:
6.1 The Customer agrees:
6.1.1 To make the Vehicle available at the Nominated Workshop by prior appointment during workshop's normal working hours. At or within a reasonable period before the relevant service interval for performance of Maintenance; and as and when reasonably requested by the Nominated Workshop for the performance of any preventive treatment or checks specified by the "Dealer".
6.1.2 That all instructions for use of a Vehicle contained in the Owner's Manual for such Vehicle shall be followed & carried out accurately and fully.
6.1.3 That if any defect or failure occurs in a Vehicle all reasonable measures shall be taken to minimize the occurrence of any consequential damage/s.
6.1.4 To immediately inform the Dealer should the odometer or other instrument used for measuring the distance travelled by a Vehicle fail to operate or suffer any impairment in operation or damage to its seals and thereafter without delay deliver such Vehicle to the Dealer.
6.1.5 To report any storage and/or recommissioning of a Vehicle to "Dealer" immediately and to permit only a Porsche authorized workshop to carry out the necessary measures for storage and/or recommissioning of a Vehicle.
6.1.6 That if an insurance company claims a deduction for any reason when reimbursing accident damage repairs within the scope of a fully comprehensive or a third-party insurance policy, the Customer is not entitled to any claims against "Dealer".
6.1.7 To pay the dealer for the cost of repair of a part that may be beyond the scope of the PSMP package purchased for the vehicle
7.1 The Customer shall pay to the "Dealer" for Porsche Scheduled Maintenance Plan as covered under this Agreement as follows:
7.1.1 The Customer shall pay to the Dealer Porsche Scheduled Maintenance Plan amount in advance together with Taxes as applicable at the appropriate rate.
7.1.2 No adjustments whatsoever or refund of service package amount shall be accepted on the ground that vehicle covered less mileage at the end of the period of agreement.
7.1.3 The cost of any repairs necessitated as a consequence of improper repairs or maintenance performed by a workshop which is not an authorized Workshop or as a consequence of unauthorized modifications which render the vehicle different from its original specifications shall be paid for by the Customer as per the dealer's or nominated Workshop's usual prevailing rates for such works.
7.1.4 The rates are calculated on the basis of the prevailing Government Duties & Taxes as applicable on the spare parts & labor charges. In case of any major upward changes in the Statutory Duties and Taxes affecting the Spare Parts & Labor charges, the Dealer reserves the right to increase the service package charges accordingly.
7.1.5 Any repair costs towards repair/replacement of part or labor, that is beyond the scope of the coverage of the PSMP package purchased by the customer will have to be borne by the customer.
7.1.6 All the repairs as agreed during the time of purchase of the PSMP package will be honored to the owner of the vehicle at free of cost during the active period of PSMP.
8. Accident repairs:
8.1 The Customer agrees that it shall have all damages caused to the Vehicle by collision, or other accident, repaired at an authorized Porsche workshop only. Failure to abide by this clause will render this agreement null & void and the Agreement will come to an end forthwith.
9. Defects and applications outside the agreement:
9.1 When, in the opinion of the Dealer any part or component of the vehicle is defective beyond repair and is impairing, or likely to impair, the efficient, safe and reliable operation of any Vehicle or likely to cause consequential damage to any vehicle and the rectification of such defect is outside the scope of PSMP as covered by this Agreement, the Dealer may notify the Customer in writing of such opinion and recommend the replacement of the part or component. If the Customer refuses or fails to have such replacement carried out within fifteen (15) days of receiving such notice or immediately, if necessary, then "Dealer" shall thereafter and until the replacement is made, be absolved from all obligations hereunder in relation to such Vehicle.
9.2 Whenever it comes to the attention of "Dealer" that any Vehicle is being used for any special application other than that specified, being an application which in the opinion of "Dealer" is likely to increase the responsibility hereunder of the Dealer, the "Dealer" may notify the Customer in writing that it must forthwith cease such application. If, on receiving such a notice, the Customer refuses or fails to cease such application, the "Dealer" may at its option notify the Customer in writing that the Vehicle is withdrawn from this Agreement and thereafter "Dealer" shall be absolved from all obligations hereunder in relation to that Vehicle. In such an event, the Dealer shall not be liable to refund the amount, if any, to the Customer.
10. Vehicles withdrawn from this agreement - no assignment:
10.1 In the eventuality of the withdrawal of the vehicle by customer from this agreement before the agreed period, the customer will be required to pay to the "Dealer" as under:
10.1.1 In case of voluntary withdrawal by the Customer within 5 days, 5% of the total contracted amount of PSMP shall be deducted by the 'Dealer' on this account, over and above the deductions for usage of Services, if any, by the Customer under the scope of this Agreement.
10.1.2 No fore-closure charges are payable by the Customer in case of termination of the PSMP due to an accident of the vehicle in the agreement leading to the 'Total loss' declaration by Insurance agency. The PSMP amount shall not be refunded to Customer.
10.1.3 Upon the withdrawal of any Vehicle from this Agreement the obligation of "Dealer" to perform the works shall cease forthwith.
11. Porsche Scheduled Maintenance Plan Transferability:
11.1 The benefits of Porsche Scheduled Maintenance plan can be availed at any authorized Porsche workshop across India.
11.2 The Porsche Scheduled Maintenance plan can be transferred from one customer to another. In case, the vehicle is transferred/ sold by one Customer to another Customer, then the terms & conditions of this Agreement would be applicable for the new user as well, subject to availability of this agreement (duly filled & signed) with the new Customer and the update of the new Customer's data in the respective 'Dealers' system.
11.3 In case Customer owns multiple/similar vehicle of Porsche brand, other than that mentioned in the agreement; the package cannot be transferred from one car to another.
11.4 This contract is non-transferrable to a person who is a multi-brand automotive dealer/agent and may be involved in purchase and resale of vehicles. In such case the contract will automatically stand void.
12. Termination of agreement without notice:
12.1 "Dealer" shall have the right to terminate this Agreement forthwith and to claim damages from the Customer for any loss or damage incurred by "Dealer" if:
1.2.1. The Customer is in substantial breach of his obligations as stated hereinabove and also elsewhere in this Agreement;
1.2.2. The customer or the person/company in possession of the vehicle is involved in trade-in of automotive vehicles.
13. Difference of opinion:
13.1.1 The Parties have entered into this Agreement in good faith and in the spirit of mutual co-operation and shall attempt to resolve any dispute arising out of or in relation to or in connection with this Agreement or the interpretation or breach thereof amicably, and in a conciliatory manner. However, in the event any such Dispute cannot be resolved amicably, the Parties shall finally submit themselves to a settlement by binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The proceedings of such arbitration shall be conducted in the English language and will take place in the location of the Dealer as indicated in the vehicle schedule. The arbitrators shall decide the Dispute in accordance with the laws of India and make their award by speaking order giving reasons for their decision and the factual and legal basis for the same. The Parties agree to be bound by the decisions rendered by the arbitrators. The parties should bear the expenses on this count equally. Any court having jurisdiction thereof may enter judgement upon the award. If court proceedings to stay litigation or compel arbitration are necessary, the Party that unsuccessfully contests such proceedings shall pay all associated costs, expenses and attorney's fees, which are reasonably incurred by the opposite Party, involved in such litigation or arbitration. For the purposes of this Agreement, Dispute shall mean a disagreement or controversy which relates to an alleged breach of or the validity, interpretation or termination of this Agreement.
13.1.2 If an umpire acting hereunder determines that the defect in question is included in Porsche Scheduled Maintenance Plan then "Dealer" shall pay the cost of such determination; or excluded from the service package then the Customer shall pay the cost of such determination.
14.1 Neither party hereto shall be liable to the other for a failure to fulfil its obligations hereunder if such failure is caused solely by a matter or occurrence which is beyond its control nor for indirect or consequential losses however caused.
14.2 This is an exclusive agreement between the "Dealer" and the "Customer" and therefore absolves Porsche India from any direct or indirect liabilities arising out of this agreement.
15. Force Majeure:
15.1 In case Force Majeure arises, the time period for the fulfillment of any obligation, which is affected by Force Majeure, will then be extended by a reasonable period of time and no Party shall claim compensation for delay or non-execution of obligations due to such Force Majeure. However, the Party affected by Force Majeure shall use its best efforts to minimize the consequences to remove the cause of non-performance, to co-operate with the other party in finding alternative ways and means of fulfilling its obligations and shall make up, continue and complete full performance hereunder without delay whenever such causes are removed.
15.2 In case Force Majeure affects the fulfilment of substantial provisions of this Agreement, then the Parties shall endeavor to adapt the Agreement to the new situation.
15.3 Force Majeure shall mean all events beyond the reasonable control of the Party affected, unforeseen or unavoidable, which prevent or delay the total or partial carrying out of its obligations (e. g. earthquake, fire, flood, accidents, war, riots, acts of court, insurrection, civil disturbance, acts of government, governmental regulations, strike, lock out or other labor disputes).
15.4 Force Majeure shall, however, not relieve any Party from its obligation to effect any obligation not affected by such Force Majeure and any contractual payment on the date when it is due except effecting of such payment is hindered by Force Majeure.
16.1 This agreement shall be governed and construed in accordance with the laws of India. It is agreed between the parties that in respect of any suit touching any matter or any disputes are subject to the exclusive Jurisdiction of the local courts where the registered office of selling/servicing Dealer from whom PSMP was purchased/ service is carried out respectively.