Terms & Conditions

1. The Mahindra SUPRO BS6 Profit Guarantee (hereinafter referred to as ‘the Claim ’) is a claim by Mahindra & Mahindra Ltd., a company incorporated under the Indian Companies Act, 1913 with its registered office at Gateway Building, Apollo Bunder, Mumbai – 400 001, hereinafter referred to as “Mahindra/M&M” (which context shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors in business and permitted assigns). Under the Mahindra SUPRO BS6 Profit Guarantee, M&M claims that based on the internally defined methodology, the Mahindra Supro Profittruck BSVI diesel range of load carrying vehicles (hereinafter referred to as the “Mahindra Supro”) provide a better Profit than other vehicles in the same class as per the defined process appearing hereinafter. If any other vehicle in the same category as mentioned hereinafter (hereinafter referred to as the “Claimed Vehicle”) owned by the Customer and purchased from an authorised dealer of the manufacturer, provides a better Profit(defined hereinafter) than the Mahindra Supro range of vehicles purchased by the Customer in the same class as per the defined criteria and under the pre-defined testing conditions and other parameters specified hereinafter, then M&M through its authorised dealers, proposes to buy back the Mahindra Supro owned by the Customer and registered in the Customer’s name within 180 days of the purchase of the Mahindra Supro by the Customer, on the terms and conditions appearing hereinafter and refund the full amount paid by such Customer towards the purchase of the Mahindra Supro vehicle.

2. These terms and conditions (hereinafter referred to as the “Mahindra SUPRO BS6 Profit Guarantee Agreement ”) govern the Claim and shall come into effect on 1 st July 2021 and shall be valid till 31st March 2023 (both days included). For the purpose of the Claim, the term “Profit” means the amount that is based solely on better fuel efficiency of Mahindra Supro. It does not guarantee any other costs like vehicle price, EMI, spare parts or maintenance cost. Further, M&M through the Claim does not assure better freight earnings, payload, number of trips or higher revenue for the Customer.

Who Can Participate
3. A Customer who wishes to challenge the Claim ( hereinafter referred to as “challenge”) under this Mahindra SUPRO BS6 Profit Guarantee Agreement will have to meet the eligibility criteria set forth herein. The Claim is open to any Indian citizen above the age of 18 years as on 31st December 2020, currently residing in India, who has purchased the Mahindra Supro from a M&M authorized dealer (first owner only) in India subject to the exceptions hereinafter provided OR to any legal entity existing under the laws of India, that has purchased the Mahindra Supro from a M&M authorized dealer (first owner only) in India subject to the exceptions hereinafter provided (referred to as the “Customer”). The Claim is open only to Customers who purchase the Mahindra Supro as per the terms of this Agreement between 1 st July 2021 to 31st March 2023, including both the days (hereinafter referred to as the “Claim Period”).

4. Only the Customers, who have made a valid purchase of a Mahindra Supro vehicle as per the terms and conditions of the Mahindra SUPRO BS6 Profit Guarantee Agreement, will qualify for the Claim during the defined period as stated in this Mahindra SUPRO BS6 Profit Guarantee Agreement . Such Customer must also own vehicles of other brands of similar class belonging to the specifications mentioned in this Mahindra SUPRO BS6 Profit Guarantee Agreement to be eligible to make a Claim. This Mahindra SUPRO BS6 Profit Guarantee Agreement is a personal contract between M&M and the Customer. The Customer entering into this Mahindra SUPRO BS6 Profit Guarantee Agreement shall not disclose/discuss/share/advertise the details of this Mahindra SUPRO BS6 Profit Guarantee Agreement or any arrangement reached between M&M and the Customer to any third party in any manner whatsoever including but not limited to media such as social media/ mainline media. Any act of the Customer in breach of the above would invalidate the Customer’ eligibility to this Claim.

5. A Customer can only challenge the Claim once under Mahindra SUPRO BS6 Profit Guarantee Agreement challenge. Multiple challenges by the same Customer will not be entertained and will result in disqualification of all challenges raised by the Customer.

6. Joint entries are not permitted i.e. only one Customer can raise a challenge.

7. A Customer shall be entitled to avail the Claim Test only once, for each Mahindra Supro owned by the Customer. Multiple challenges for the same Mahindra Supro shall not be valid.

Challenge Criteria
8. A Customer may raise a challenge under this Claim with M&M, only if a competing vehicle of the specifications mentioned herein under the Mahindra SUPRO BS6 Profit Guarantee Agreement (hereinafter referred to as the “Claimed Vehicle”) provides a better Profit than the Mahindra Supro range of vehicles. For the challenge to be valid the following criteria should be met;

The Claimed Vehicle must be a Bharat Stage VI(BSVI) compliant commercial vehicle sold in compliance of the applicable laws in India.
The Claimed Vehicle should be manufactured in India by an OEM under a valid manufacturing license as per the laws and rules applicable in India. Vehicles imported and assembled in India are not eligible to participate in the Claim.
The Claimed Vehicles should have been manufactured in compliance with all applicable laws, rules and regulations in India including but not limited to those relating to emission, gear box type, cylinders, drive, fuel tanks & tyre type, condition & tread depth, body type etc.
The Claimed vehicle must be comparable, BSVI, 2 - cylinder, same GVW category, load body length, width & type, same age, same fuel type, equivalent emission norm (BSVI) & non- Mahindra vehicle.
The Claimed Vehicle must have been purchased between 01/07/2021 to 31/03/2023
The Customer’s Claimed Vehicle under which the Customer raises the challenge, should be one purchased from an authorized dealer of the manufacturer of the Claimed Vehicle or directly from the manufacturer manufacturing the Claimed Vehicle, registered in the Customer’s name and should provide better Profit than the Mahindra Supro vehicle purchased by the Customer and registered in the Customer’s name, under the pre-defined testing conditions as defined in this Mahindra SUPRO BS6 Profit Guarantee Agreement .
The Claimed Vehicle must be in the original state as per OEM supply and should not have undergone any mechanical modification in any manner which may lead to enhanced performance or any other implication. If at any time any such case / modification is identified by M&M or by an independent agency appointed by M&M, the Claim shall stand to be inapplicable to such Customer and the challenge of the Customer will be disqualified.
The Claimed vehicle must have plied on the same road as the Mahindra Supro owned by the Customer, the same load as borne by the Mahindra Supro and under similar driving conditions.
The Mahindra Supro owned by the Customer must have undergone timely maintenance procedures as per the criteria set by M&M.
The Mahindra Supro owned by the Customer must not have undergone any mechanical, electronic or any other modification of any manner and should not have been the subject of an accident or any damage and a subsequent repair.
The Mahindra Supro owned by the Customer must not be a subject of any legal claims or statutory penalties.

Challenge Lodging Process
9. Once the eligibility criteria relating to the Claimed Vehicle is met, the following process will have to be followed by the Customer to lodge a challenge under this Claim. Any deviation from the defined process will render the challenge invalid.

The Customer by lodging a challenge under this Claim agrees to have read, understood and accepted all the terms and conditions of the Mahindra SUPRO BS6 Profit Guarantee Agreement . Once the challenge is submitted by the Customer, no dispute can be raised by the Customer against of the terms and conditions mention under the Mahindra SUPRO BS6 Profit Guarantee Agreement , against the processes adopted under the Claim or against the Claim in general.
The lodgement of the challenge under this Claim should be made by the Customer within 180 days of the purchase of the Mahindra Supro only by giving a written notice to the authorised dealership of M&M from where the Mahindra Supro was purchased. Such written challenge, submitted at the authorised dealership, should be made by filling up the claim form available at the authorised dealership of M&M. The claim form should be filled up in English language. Any other mode of submission of challenge shall be deemed to be invalid. Any incomplete or incorrect or unclear information / documents / photographs shall render the challenge invalid.
The required mandatory documents / copies / photographs etc of the Claimed Vehicle & its number plate as well as the Mahindra Supro owned by the Customer as described in the claim form must be attached along with the duly filled up claim form during submission of the challenge within 180 days from the purchase of the Mahindra Supro. M&M shall not be liable in any manner whatsoever to entertain any challenge received through any other mode / medium.
All the documents submitted along with the claim form shall be required to be produced in original by the Customer on request, and only upon verification of their authenticity, the challenge shall be considered as valid and the Customer will be allowed to avail the Claim further.
M&M shall not be responsible or liable for the loss or non-receipt of the challenge, or delayed receipt of challenge, due to , delay or failure by the dealership in communicating the challenge to M&M or for any other reasons beyond M&M’s control.
A challenge once submitted can not be modified in any manner. A Customer is entitled to make a challenge against a purchased Mahindra Supro only once. Multiple claims for same vehicle will not be accepted.
The challenge lodging process would be deemed to be completed by Customer only upon M&M having acknowledged the receipt of the Customer’s challenge as per the process mentioned above.
M&M will not be responsible for any harm/ injury caused to the Customer or for any damage caused to the Claimed Vehicle or the Mahindra Supro owned by the Customer during the tests conducted as a part of this Claim.

Mandatory Documents to be submitted by the Customer
10. The Customer must submit all mandatory documents to support their challenge. If any challenge document is found to be incorrect or incomplete or is lost due to the lack or lapse in any communication or on account of internet failure or for any other reason, the challenge shall be rejected until such time that the Customer produces such mandatory document within the prescribed time period.

11. As a part of the challenge process the Customer must submit the following documents in relation to the Claimed Vehicle which must have been purchased in India;

Scanned photographs (one showing the complete Claimed Vehicle and another showing the registration number plate)
Tax invoice, evidencing the proof of purchase of the Claimed Vehicle, in the name of the Customer
Name of the Authorized dealer from which the Claimed Vehicle is purchased
Name of Brand
Model number
Service invoices, Photographs of Load Body from all sides, Leaf spring etc

12. As a part of the challenge process the Customer must submit the following documents in relation to the Mahindra Supro;

Scanned photographs (one showing the complete Mahindra Supro and another showing the registration number plate)
Tax invoice dated between 1 st July 2021 to 31st March 2023 Year, evidencing the proof of purchase of the Mahindra Supro, in the name of the Customer
Name of the Authorized dealer from which the Claimed Vehicle is purchased
Name of the model of the Mahindra Supro

13. As a part of the challenge process the Customer must submit the following personal information;

Type of contact (Individual / Transport Company)
Name
Date of birth
Address
City
Pin code
Phone number
Email address
PAN card number/ Aadhar card number and scanned copy
Unique code generated by system
Authorisation letter/ power of attorney if acting on behalf of a Company.

Challenge Evaluation Process
14. Once the challenge lodgement of the Customer has been acknowledged by M&M and all the originals of the documents submitted along with the challenge form are verified by M&M as being authentic, the process as mentioned below will be followed by both the Customer and M&M in furtherance of the Claim. This process shall be final and binding on the Customer and cannot be questioned in any manner whatsoever.

Once the aforementioned acknowledgement is received by the Customer and all the originals of the documents submitted along with the claim form are verified by M&M as being authentic, the Claimed Vehicle as well as the Mahindra Supro registered in the Customer’s name will be called to a location specified by M&M on a date as specified by M&M for a test (hereinafter referred to as the “Claim Test”). The Customer shall at its own expense deliver the Claimed Vehicle and the Mahindra Supro to such location on the said date for the Claim Test. The Customer will bear the cost, risk and liability of delivering both the Claimed Vehicle and the Mahindra Supro to the location specified by M&M.
Once the Claimed Vehicle and the Mahindra Supro are delivered to the location, the Customer entitled for the Claim Test will be provided with a trial sign-off note for execution. The duly executed trial sign-off note should be provided to M&M prior to the commencement of the Claim Test. The selected vehicles, both Mahindra Supro and the Claimed Vehicle (collectively referred to as the “Vehicles”) need to be in trial worthy condition & the same will be certified by a Mahindra engineer at the time of the pre- trial sign-off. In case the Vehicles are not in the trial worthy condition as certified by Mahindra Engineer, the trial will be conducted only after the vehicles are made trial worthy by the Customer. It is mandatory for Customer to sign and accept the trial sign-off note to begin the Claim Test.
The Claim Test shall be performed in the the following manner;
- The Claim Test will be conducted on the real world usage pattern i.e. on a route on which vehicles of this type generally ply, on the same load type and same load freight rate at rated GVW (as per ARAI/VRDE/VRDE homologation) conditions for the respective vehicles in the original state of vehicles without any mechanical modification of any manner and same fuel type and fuel quantity in both vehicles
- The Customer will be needed to provide the load at rated GVW (as per ARAI/VRDE homologation), Fuel Cost, Toll Taxes, all expenses towards transporting the Claimed Vehicle and the Mahindra Supro to the location specified by M&M for the Claim Test. The trials conducted as a part of the Claim Test will be back-to-back trials conducted at the same time & date on the same route.
- Mileage trial – Mileage trial shall mean & include the Mahindra Supro of the Customer and the Claimed Vehicle being put to test to determine the mileage. The test will be done with a back to back trial by M&M customer care team testing the Mahindra Supro against the Claimed Vehicle of the same category with similar power and a 4-speed/5-speed transmission in the same driving condition. The test will be conducted in the economy mode available in the Mahindra Supro (the economy mode mentioned here is only available in the Supro Profittruck Mini VX). If a similar economy mode is available in the Claimed Vehicle, the Claimed Vehicle will be tested in the economy mode of the Claimed Vehicle. It is hereby clarified that the Mahindra Supro and Claimed Vehicle will be driven for at least 100kms under the rated GVW (as per ARAI/VRDE homologation) condition for this test.

15. For the above Claim Test to be initiated the Customer must ensure that all the documents with respect to the Vehicles including the registration, fitness certificate, road tax, permits, PUC certificate, insurance etc are complete and valid as per the existing laws of India.

16. The tests conducted as a part of the Claim Test under this Claim will be performed only by experienced professionals engaged by M&M as per the standards and laws prevalent in India. The Customer may observe the Claim Test from outside the Vehicle while the Claim Test is being conducted.

17. It will be the sole discretion of M&M to conduct one or more trials as a part of the Claim Test on the same route. M&M will not reimburse any amount which will be incurred for travel and lodging costs by Customer for attending the trial, neither will it reimburse any cost incurred by the Customer for transporting the Vehicles, fuel costs for conducting the Claim Tests or any other materials for the Claim Test. 18. The trial for the Claim Test will be conducted by drivers assigned by M&M only.

19. In case it is found during the Claim Test that any kind of tampering or tinkering to the Vehicles have been done by the Customer or by any of the Customer’s team members, against the parameters agreed under the pre-trial sign-off executed by the Customer, the Claim Test will be treated as null and void. In such case a fresh Claim Test will have to be planned with all necessary checks and documentation as stated in the process layout hereinabove.

20. If it is found during the fresh trials conducted under the second Claim Test, that any kind of tampering or tinkering to the Vehicles have been done by the Customer or by any of the Customer’s team members, against the parameters agreed under the pre-trial sign-off executed by the Customer, the Claim Test will be treated as null and void and the Customer will be disqualified from making any new challenges under the Claim.

21. If the trial disproves the challenge made by the Customer, the obligations of M&M under this Mahindra SUPRO BS6 Profit Guarantee Agreement will stand complied with. Performing the Claim Test requires approximately 2 day of time to plan and execute, and the Customer hereby consents to keep the Vehicles in the Custody of M&M during such time period without. M&M will not be liable to pay the customer for any losses or damages including but not limited to loss of profits incurred by the customer, or for any damage to the Customer’s Vehicles for the duration for which the Vehicles remains in the custody of M&M.

22. A copy of the test results as per the trial protocol will be disclosed to the Customer once the Claim Test is completed.

23. The Customer will be called to the authorized M&M dealership and will be shown the existing test results for the Claim Test performed by M&M in relation to the Customer’s challenge.

24. M&M will send upto three reminders to the Customer to view the Claim Test results on the registered mobile number/email address of the Customer. In case the Customer does not respond back, even after the three attempts, the challenge by the Customer will be deemed to have been disqualified and M&M in such circumstances will not be bound to buy back the Mahindra Supro owned by the Customer as per the terms and conditions of this Mahindra SUPRO BS6 Profit Guarantee Agreement .

Selection of the successful challenge
25. For the challenge to have passed, the Customer’s Claimed Vehicle should demonstrate superior Profit from available payload at rated GVW (as per ARAI/VRDE homologation) condition in the original state of vehicle without any mechanical modifications to the Vehicles of any manner and same fuel type and quantity in both vehicles and better mileage than that of Mahindra Supro vehicle in the same class during the trip. The decision of the panel arranged by M&M for the Claim Test will be final and binding with regards to the winner of the challenge and also with regards to the interpretation of the Claim Test results.

26. The challenge comes to an end once one of two aforementioned outcome is determined under these terms and conditions or at the end of the defined Claim Period if no valid challenges are received, or if all valid challenges against all valid Claimed Vehicles are unsuccessful in showing superior Profit than the Mahindra Supro BSVI vehicles, whichever is earlier.

27. If the challenge by the Customer is successful, whereby the Customer’s Claimed Vehicle has demonstrated a superior Profit as per the terms of this Agreement, M&M will buy back the Mahindra Supro registered in the Customer’s name, through M&M’s authorized dealership only after the Customer clears all the balance principle outstanding with the financer , as well as any and insurance/ registration/ body building charges, if any if incurred by the Customer for the aforesaid Mahind Supro vehicle within 45-60 days of the Claim Test result being declared by M&M. No other direct and/ or indirect costs as incurred by the Customer in lodging the challenge or otherwise will be paid or reimbursed.

28. In the event there are more than one challenges raised under the Claim for the same vehicle brand and model, from the same Customer who runs a fleet of the same Mahindra Supro, the Claim Test will be performed only on one Mahindra Supro and test results for that Mahindra Supro will be considered for all the other Mahindra Supro vehicles of the same model / class owned by the said Customer.

29. For the challenge to be valid, there should be no outstanding dues of any kind whatsoever, with either the Financier or Dealer or any other entity towards the aforesaid Mahindra Supro vehicle. For avoidance of doubt, Mahindra shall not be liable to (a) undertake the Claim Test, if there are any outstanding dues, in respect of Mahindra Supro , payable by Customer to any third party as on the date of challenge evaluation and (b) to take back the Customer’s Mahindra Supro, if there are any outstanding dues, in respect of Mahindra Supro , payable by the Customer to any third party as on the date of return of the vehicle. M&M reserves the right to not take back the Mahindra Supro owned by the Customer, if the same has been damaged in any manner or if the Mahindra Supro has met with an accident.

30. The amount so paid by M&M while taking back the Mahindra Supro shall be subject to deduction of applicable tax.

31. The amount so paid shall be paid by an account payee cheque / / RTGS and shall be issued in the name of the Customer, within 30 working days from the date of determination of challenge status (if any) and only upon signing a Claim settlement agreement with M&M and the Customer handing over duly signed transfer papers and all relevant documents in original to the authorised dealership of M&M.

32. Mahindra reserves the right to suspend, shorten, modify, extend the duration of the Claim or cancel the Claim at its sole discretion without any prior notice to the Customer.

33. Mahindra reserves the right to modify these terms & conditions without any prior notice to the Customer. Mahindra recommends that the Customer read these the terms & conditions carefully each time they visit the nearest M&M dealership.

34. The Customer agrees and acknowledges that the copyright in all documents generated or submitted to the Customer will vest with M&M and that M&M will be entitled to use the same as and when required for advertisements, communication etc without any further documentation/communication/ approval from the Customer.

35. If at any time post completion of the Claim Period it is determined by M&M or any other body that the challenge is fraudulent or does not meet the eligibility criteria mentioned under this Claim, all the amounts paid by M&M or its authorized dealership under this Claim to the Customer of the Mahindra Supro, will be refunded to M&M by the Customer in total, immediately with an interest of 18% per annum

36. M&M reserves the right to close the Claim and / or modify / alter the terms and conditions of this Mahindra SUPRO BS6 Profit Guarantee Agreement at its discretion, at any time, without any prior notice. However, the guarantee offered on Mahindra Supro vehicles sold till the date of withdrawal of the Claim shall be honoured subject to compliance with other Terms and Condition of this Mahindra SUPRO BS6 Profit Guarantee Agreement .

37. This Claim is only applicable within the boundaries of India only and to the Mahindra Supro and Claimed Vehicle sold within the territory of India.

38. The decision of the M&M management on any and all matters regarding the challenge or the Claim shall be final and binding on the Customers and the Customers hereby waive any and all rights to contest any decision so made by M&M.

39. Communication by the Customer with the media, or other automobile manufacturers, marketers or any third party with regards to the Customer’s participation in this Claim, raising of a challenge or for any reason whatsoever related to this Mahindra SUPRO BS6 Profit Guarantee Agreement is prohibited and will disqualify the Customer from being eligible to enter a challenge under this Mahindra SUPRO BS6 Profit Guarantee Agreement .

40. Participating in the challenge process in any manner is tantamount to agreeing to these terms and conditions of the Mahindra SUPRO BS6 Profit Guarantee Agreement , as amended from time to time.

41. M&M, its employees and its agents and contractors will not be responsible for challenges that are lost in transit (physical or electronic mode) or deleted or corrupt or not accessible in any manner. M&M its employees and its agents and contractors will not be responsible if the emails or messages sent to the Customer’s registered email id or mobile number as a part of the challenge process are not received, or received late by the Customer.

42. The Customer understand and agrees that mere inclusion in the Claim or challenge process does not entitle the Customer to claim a prize or for any form of consideration.

43. M&M reserves the right, at its sole discretion, to modify or replace the terms of the Mahindra SUPRO BS6 Profit Guarantee Agreement by posting the updated terms at the location of the authorized dealership of M&M without any notification to the Customer. It is the Customer’s responsibility to check the Mahindra SUPRO BS6 Profit Guarantee Agreement periodically for any changes. The Customer accepts that any challenge raised by the Customer will be governed by the terms and conditions of the Mahindra SUPRO BS6 Profit Guarantee Agreement existent on the date on which such challenge was raised by the Customer. All amended terms shall automatically become effective immediately after they are posted at the authorized dealership and any subsequent challenge raised by the Customer shall be governed by such amended terms.

44. Notwithstanding anything to the contrary contained anywhere in the Mahindra SUPRO BS6 Profit Guarantee Agreement , to the fullest extent permitted under applicable law, neither M&M nor any of its employees, agents, directors etc. will be liable in contract or tort or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Claim conducted under the Mahindra SUPRO BS6 Profit Guarantee Agreement , in any manner.

45. M&M will not be liable for any failure and/or delay on our part in performing any obligation under this Mahindra SUPRO BS6 Profit Guarantee Agreement , and/or for any loss, damages, costs, charges and expenses incurred by the Customer if such failure and/or delay is a result of or arising out of a Force Majeure Event. For the purposes of this Mahindra SUPRO BS6 Profit Guarantee Agreement , a "Force Majeure Event" means any event due to any cause beyond the reasonable control of M&M, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, governmental restrictions, epidemics, hacking, data theft, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions breakdown, and/or hacking of the website and/or contents provided on the website, such that it is impossible to perform the obligations under the Mahindra SUPRO BS6 Profit Guarantee Agreement or any other cause or circumstances beyond the control of M&M hereto, which prevents timely fulfillment of the obligation of M&M in accordance with the terms of this Mahindra SUPRO BS6 Profit Guarantee Agreement .

46. Neither M&M nor any of M&M’s respective directors, officers, office-bearers or employees will be liable to any Customer or other third party for any claims, losses, expenses, liabilities or damages of any kind whatsoever suffered by any Customer, or other third party as a result of the Customer’s participation in the Claim.

47. M&M in its sole discretion, will be entitled to reject any challenge submitted by a Customer who satisfies the eligibility requirements mentioned herein if, in its opinion, there are reasons why the relevant Customer is not desirable to be enrolled to participate in the Claim as a eligible Customer.

48. Risk and title of the Claimed Vehicle and the Mahindra Supro owned by the Customer will remain with the Customer during the Claim Test and for the entire duration when the Vehicles are in the possession of M&M or its authorized representatives.

49. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

50. The Customer may not assign their rights under this Mahindra SUPRO BS6 Profit Guarantee Agreement without M&M’s written consent.

51. If M&M (as the case may be) fails to insist upon the strict performance of any of the Customer’s obligations under the Mahindra SUPRO BS6 Profit Guarantee Agreement , or if M&M fails to exercise any of the rights or remedies to which it is entitled under the Mahindra SUPRO BS6 Profit Guarantee Agreement , this shall not constitute a waiver of such rights or remedies and shall not relieve the Customer from compliance with such obligations.

52. Notwithstanding anything to the contrary contained in the Mahindra SUPRO BS6 Profit Guarantee Agreement , we reserve, at our sole discretion, our right to seek equitable remedies including by way of injunctive relief before any court of competent jurisdiction at Mumbai.

53. The Customer agrees to indemnify and hold M&M, its subsidiaries, affiliates, officers, contractors and employees, harmless from any loss, claim, demand or damages, judgements, expenses or liability including reasonable attorneys' fees, arising out of any claims whether or not groundless, asserted by any third party due to or arising out of the Customer’s participation in the Claim.

54. In case of any queries regarding the Claim the Customer may send an enquiry to [email protected]

55. All personal data received will be held in confidence by M&M and will be subject to M&M’s privacy policy available at auto.mahindra.com. Participation in this Claim will require communication with the Customer, and the Customer hereby waives his/her national do not call directory rights for the purpose of the Claim.

56. This offer cannot be clubbed/exchanged with any other offer of M&M.

57. M&M reserves the right to disclose any personal information about the Customer, without the Customer’s prior permission if it has a good faith belief that such action is necessary to: • conform to legal requirements or comply with legal process; • protect and defend the rights or property of its own or its affiliated companies; enforce the terms of this Mahindra SUPRO BS6 Profit Guarantee Agreement ; or • act to protect the interests of its members or others.

58. M&M reserves the unfettered right and absolute discretion at any time and without any liability whatsoever to any Customer or other third party to cancel the entire Claim and terminate this Mahindra SUPRO BS6 Profit Guarantee Agreement at any stage in respect of any or all territories in India without giving any reasons or notice to the Customer.

59. M&M, the independent panellists or drivers or other parties engaged by M&M to conduct the Claim Tests and other procedures under this Claim will not be liable to or responsible for any claims, or disputes raised by the Customers in relation to the Claim or the Claim Test process.

60. The Mahindra SUPRO BS6 Profit Guarantee Agreement shall be construed in accordance with the laws of India. Any and all disputes or differences either in interpretation or otherwise, arising out of any provision of the Mahindra SUPRO BS6 Profit Guarantee Agreement , shall be subject to the exclusive jurisdiction of the courts at Mumbai.