Terms & Conditions

E-VEHICLE SUPPLY & SUBSCRIPTION AGREEMENT

This Vehicle Supply & Subscription Agreement (the “Agreement”) is made and entered into this 11th day of May, 2022 at Pune.

BETWEEN

M/s. ELERIDE MOBILITY SOLUTIONS PRIVATE LIMITED, a Company registered under the Companies Act, 2013, having its Registered Office at FLAT NO. 602 A, Kumar Peninsula Society, Baner Pashan Link Road, Pune, Maharashtra - 411021 (hereinafter referred to as ‘ELERIDE’) which expression shall, so far as the context hereof permits, shall mean and include its authorized representatives, successors and assigns of the FIRST PART.

AND

Miss. Hrishika Chaudhary, A205, Golden Cascade, Shedge Vasti, Shankar kalat Nagar, Wakad,

Pimpri-Chinchwad-411057, Maharashtra (hereinafter referred to as ‘Customer’) (Self-attested copy of ID & Address Proof attached herewith) which expression shall, so far as the context hereof permits, shall mean and include its authorized representatives, successors and assigns of the SECOND PART. (herein after referred to individually as a “Party” and collectively as “the Parties”).

RECITALS

Whereas ELERIDE is engaged in the business of providing electric bikes/electric scooters and a wide variety of two wheeler electric vehicles on Hire (hereinafter referred to as ‘E-Vehicle’).

Whereas after understanding ELERIDE’s model / tarrifs / rates / other terms, Customer has expressed its willingness to avail the services and desirous to take ELERIDE’s E-Vehicles on Hire.

Whereas, based on the said representations made by the Customer and on the strength and basis of documents and information furnished, ELERIDE has, on a non-exclusive basis, agreed to enter into this Agreement to give on Hire its E-Vehicles to the Customer, subject to the terms and conditions of this agreement

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED, DECLARED AND CONFIRMED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

SCOPE OF THE AGREEMENT

ELERIDE hereby agrees to provide the E-Vehicle on Hire to the Customer and the Customer agrees to avail/subscribe the Product/E-Vehicle from ELERIDE on such terms & conditions mentioned below:

The ownership of the Vehicle shall at all times remain with ELERIDE or its bank as the case may be. The Customer shall always be a Hirer of the vehicle.

Only the Customer and/or other persons/drivers specifically included in this Agreement are allowed to drive the E-vehicle. Driving of the vehicle is prohibited for the person (including the Customer):

who does not comply with the requirements established by ELERIDE or by the law regarding validity of the driver’s license, age of the person and/or other possible restrictions;

who is under influence of alcoholic, narcotic or other substances, which impede consciousness and delay reaction ("state of intoxication”), or who is too tired, or whose health condition does not correspond to the requirements arising from the law.

The Customer is responsible for prudent use and careful driving of the Vehicle, and he or she undertakes to use the Vehicle only according to its designated purposes. ELERIDE reserves the right to take the Vehicle into its direct possession at any time after terminating the agreement, if the Customer does not perform the Terms and Conditions of the Agreement.

When leaving the Vehicle, the Customer undertakes to lock the Vehicle at all times. The Vehicle must be parked in a place designated for parking.

The Customer is strictly prohibited from doing the followings acts:

To transport of more people than permitted in the registration certificate or technical specification of the Vehicle;

to transport of a load that is heavier than permitted in the registration certificate or technical specification of the Vehicle;

 for pushing or towing other vehicles or other objects;

for driving in off-road conditions or on roads that are not designated for the Vehicle;

for transport of items, transport of which damages the Vehicle or the interior of the Vehicle, or makes it impossible to immediately provide the Vehicle for rent again;

for participation in rallies, test drives and competitions;

in breach of the Traffic laws and other legal instruments in force;

for actions contrary to the law;

for sub-renting;

for driving in areas where traffic is prohibited;

for practice driving;

for transport of animals.

The Customer shall use the Vehicle only for personal use. The use of Vehicle for commercial use and for carrier of unlawful/hazardous substance is completely prohibited

The Customer shall be liable for timely maintenance and servicing of the Vehicle. The cost and charges pertaining to all maintenance and service related works shall be borne by the Customer solely. If there is any waiver given by the Company in the charges or any free servicing is offered by the Company, the Customer shall be free to avail such offer.

The Vehicle can be used only in the territory of the State of Maharshatra, if the Agreement does not include a note permitting crossing of the state border. In case of breach of this restriction the Customer is fully liable towards ELERIDE for any damage caused to the Vehicle and/or its parts, and/or damage or injury caused to third persons, including for the costs of return of the Vehicle to the State of Maharashtra.

It shall be the responsibility of the Customer to ensure that Customer and any additional approved Rider/ Driver of the Vehicle shall follow the terms and conditions of the Agreement. Any default/Act done by the said Rider shall be deemed to have been done by the Customer and it shall be solely responsible for the said default.

The Customer shall be responsible in case of any damage or non-functioning of Vehicle after same is delivered to the Customer by ELERIDE.

ELERIDE shall be liable to pay the insurance premium of the Vehicle which shall be insured before renting the same to the Customer. The Vehicle covers insurance for the risks listed in the Insurance policy taken by ELERIDE.

During the period of this Agreement the Customer shall be solely responsible for all the risks associated and for any wear & tear caused to the E-Vehicle and it is the responsibility of the Customer to maintain the Vehicle in good condition as it was delivered by ELERIDE.

In case the said Vehicle are used in such a way which leads to contravention of the provisions of any laws in force or which may cause loss to the Vehicle, the Customer shall be solely liable and it shall indemnify ELERIDE from any such loss caused by the negligence of the Customer itself.

The Customer agrees and allows the ELERIDE to install any IoT (“Internet of Things”) or GPS System/device in the E-Vehicle, which will allow and help the ELERIDE to locate the E-Vehicle in the event of any default/theft or its remote immobilization.

Other terms and conditions:

The Customer shall not ride the said Vehicle under the influence of Drugs/Alcohol, it is strictly prohibited.
The Customer and any pillion shall abstain from using electronic gadgets like radio, camera, phones etc. while driving.
The Customer shall only use the charger, etc. as may be specified by ELERIDE.
The Customer shall strictly comply with the recommended speed, other rules, directions and traffic advisories as issued by the police or any other authority. In case of any violation, the Customer shall be liable to bear the penalty/fine imposed by the requisite authority.
The Customer shall return the vehicle to ELERIDE at the stipulated date as mentioned in the Agreement without any damage or on a date as mutually decided between the parties.
In case of any accident/damage to the Vehicle of ELERIDE during the tenure of this Agreement, ELERIDE shall get the amount claimed through the Insurance agency and if any portion doesn’t covered under the insurance, the said unrealisable portion of amount shall be payable by the Customer.
The Vehicle shall be used with in the territorial precinct as agreed between the Parties. In case of use beyond the territory a prior intimation shall be obtained from ELERIDE.
The Customer shall maintain the Vehicle in good condition as it was delivered to him. In case of any wear and tear the Customer should be solely responsible for its maintenance.
Any penalty imposed by the regulatory authorities, police due to negligence of the Customer shall be paid by the Customer himself.
It is duty and responsibility of the Customer to verify the condition of the Vehicle before taking its possession. Thereafter any claim made in this respect of the product by the Customer shall not be entertained by ELERIDE.
The Customer shall not use the Product for any time of competitive/racing or sports activities.
The Customer shall not do any modification with the product without any prior approval of ELERIDE.
The Customer shall not assign his/her rights in favour of any other person

Security Deposit:

The Customer shall deposit Rs. 3900/-( Thirty Nine Hundred Only) (equivalent to one month Subscription Fee) as Security Deposit to ELERIDE, as an interest free refundable security deposit, refundable at the time of termination of the Agreement, along with One Month Advance Subscription Fee.

In case of any default/breach of the conditions of the said agreement or non-payment of dues by the Customer ELERIDE is authorised to recover the amount from the security deposit and it shall pay the remaining amount to the Customer.

Insurance: Insurance coverage as may be required shall be borne by ELERIDE and it shall be liable for payment of premium and its renewal.

Liability: During the period of Hire, the Customer is fully liable for damage, theft and loss of the Vehicle and its parts. Parts of the Vehicle also include additional equipment provided together with the Vehicle. The Customer is not liable for damage only in the extent in which such damage is reimbursed to the ELERIDE by the insurer (for example, reimbursements provided by the motor third party liability insurance), or for which the Customer is not liable according to limitation of liability chosen by him or her. If the Customer breaches the Agreement, no limitation of liability is applied, and in such case the Customer reimburses to the ELERIDE all damage incurred by it. If a respective limitation of liability was not chosen or is not applicable due to another reason, the Customer reimburses to the ELERIDE, among other, the cost of repair and/or replacement of the Vehicle or its parts, the revenue from rent lost due to repair or replacement of the Vehicle, the costs of parking and removal of the Vehicle, and the resulting administrative costs. The ELERIDE has the right to choose at own discretion an insurer or extent of insurance protection, a repair company for the Vehicle, a seller of a replacement Vehicle or parts, or another service provider

Undertaking and Indemnity: The Customer hereby undertakes and acknowledges that any claim, damages, liabilities, penalty, fine, etc. that may arise during the custody of the Vehicle by the Customer shall be its responsibility and same shall be borne by the Customer itself. The Customer undertakes to indemnify ELERIDE OR ANY / ALL OF ITS DIRECTORS / EMPLOYEES against any action taken against them due to act of the Customer.

Lock in period: Neither party shall be entitled to terminate the agreement for an initial period of Three (3) month from the date of execution of this agreement.

Term and Termination: This Agreement is valid for a period of 11 Months. The agreement may be terminated by either Party by giving (thirty) 30 calendar days (subject to lock in period as mentioned below) written notice of such termination to the other Party.

Invoice: ELERIDE shall raise the invoice on 1^st Day of every month and same shall be send to the Customer through email, courier, and registered post.

Subscription Fee: The Customer shall pay to ELERIDE Subscription Fee of Rs 3900/- (Rupees Thirty Nine Hundred Only) Inclusive of applicable taxes per month during the period of agreement. The Customer shall pay the Subscription Fee within 3days from receipt of Invoice from ELERIDE. The Customer also agreed to pay the Subscription fee to ELERIDE through Auto Debit from Bank though online transfer payment option. Any payment made beyond the specified period shall be paid along with interest @18% per annum.

Governing Law: This agreement will be implemented, constructed and enforced in all respects in accordance with the laws of India, without reference to its choice of law principles to the contrary.

Jurisdiction: This Agreement shall be governed by and interpreted in accordance with laws of India. Both the parties voluntarily agree and exclusively confirm that Pune Courts will have sole and exclusive territorial jurisdiction to adjudicate the dispute between the parties.

Arbitration: In the event of any dispute, differences or claims arising out of or in connection with or incidental to this Agreement or the construction or interpretation of any of the clauses hereof or anything done or omitted to be done pursuant hereto, the Parties shall first endeavor to amicably settle such disputes, differences or claims, failing which, the same shall be referred to the arbitration of a sole arbitrator to be mutually appointed by the Parties. The seat of arbitration shall be New Delhi and the proceedings shall be conducted in English in accordance with the Arbitration & Conciliation Act, 1996 or any amendments thereto as may be applicable. If the Parties fail to appoint a sole arbitrator then appointment of arbitrator/s shall also be in accordance with Arbitration & Conciliation Act, 1996 or any amendments thereto as may be applicable. Subject to arbitration the jurisdiction shall be of courts and tribunals at Pune, India.