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.