• The customer shall also be responsible for any loss or damage caused to any additional equipment or accessories hired by the customer at the time of rental, including but not limited to satellite navigation equipment, etc., Further, in the event any of the accessories, parts or equipment in the vehicle are removed from the vehicle or are missing for any reason, the customer shall be liable to compensate the owner for the same. In the event the keys of the vehicle are lost by the customer, the customer shall be responsible for any charges relating to the same

such as cost for key replacement and for loss of business during the time taken to obtain replacement key, etc.

• In case any pre- existing damage had occurred to the vehicle as mentioned in the vehicle details and conditions Report, however additional damage occurs on the same part of area of the vehicle during the Rental period, the customer shall be charged either the proportionate cost of repair or the entire cost of repair depending upon the extent of the damage caused by the customer and the extent of the pre – existing damage on the vehicle. The decision on assessing the cost shall be solely taken by the owner and this decision shall be final and the customer agrees to accept the same without any protest whatsoever.

2. LIMITATION OF LIABILITY : In no event shall the Owner be liable to the customer or any other person or entity for any special,

consequential, incidental, indirect, exemplary or punitive damages, however caused, arising out of this Agreement.

3. DAMAGE LIABILITY : 3.1 Not withstanding anything contained in this Agreement, in the event of any damage or accident caused to the vehicle while in the possession of the customer, the minimum cost liable to be paid by the customer to the Owner shall be the sum total of: {i} the actual amount incurred by the Owner for repairs, restoration or rectification of the vehicle to its old condition and (ii) the rental fee for the intervening days, when the vehicle is in repair (‘ Minimum Damage Cost’)
   • This Minimum Damage Cost payable by the Customer to the Owner shall not be in anyway linked to the insurance cover on the Vehicle or

the process of insurance claim initiated on the Vehicle by the Owner or the insurance paid on the Vehicle or shall not be reduced pursuant to any insurance claims made to received by the Owner. lt is hereby clarified that the owner shall have the sole discretion to decide.(i) whether or not to initiate and pursue any insurance claim on the vehicle: and (ii) the quantum of such insurance claim. Further, the customer shall not have any right to request the owner to make any insurance claims on the vehicle. The rights of owner to initiate and pursue any insurance claim shall be separate and independent of the payment obligations of the customer under this Agreement. The damage assessment of the owner shall be final in the matter and binding on the customer and the customer hereby agrees and undertakes that the customer shall not dispute the assessment either directly or in any court of law and nor shall the customer demand/ request any breakup of the assessment or proof of the damage assessment / cost incurred by the owner. The Customer also hereby agrees that the customer shall not demand to repair the vehicle at the customer’s own cost at a garage of the customer’s preference and the decision of owner in this regard shall be final and

binding on all parties.

3.3. While the owner shall provide insurance cover for theft, the customer shall be responsible for the difference between market value of the vehicle and the amount received from the insurance company. In addition to the above, the customer shall be responsible to pay the Rental fee towards the remaining tenure of the Rental period or until such time the owner’s claim is successfully processed and paid by the insurance company, whichever is later. Upon the occurrence of theft of the vehicle, in case the insurance claim is denied by the insurance company for any reason, the customer shall be liable to immediately make good to the owner the entire loss on the vehicle value and revenue loss incurred by the owner on the vehicle for a period of [ 1 % ] months from the date of theft of the vehicle, as determined by the owner.

4. NOTICES : Any notice given hereunder shall be in writing, in the English language, and shall be effective upon delivery to a party via

courier, overnight delivery service, or certified mail at the address set forth herein or at such other address as may be designated in writing by

a party hereto.

5. WAIVER AND AMENDMENT : No waiver, amendment, or modification ofany provision ofthis Agreement shall be effective unless in writing

and signed by the party against whom such waiver, amendment, or modification is sought to be enforced. No failure or delay by either party in exercising any right, power, or remedy, except as is expressly provided herein, shall operate as a waiver of any such right, power, or remedy.

6. REPRESENTATION AND WARRANTIES : 1. The owner represents and warrants to the customer that (a) he/she has maintained the

vehicle to the manufacturer recommended standards and that the vehicle is roadworthy and suitable for renting at the commencement of the Rental period. (b) he/she has the full right, power and authority to execute, deliver and perform this Agreement and the terms and conditions and obligations contained herein and upon execution, this Agreement would constitute legal, valid and binding obligation on the owner.

• The customer represents and warrants to the owner that (a) he/she is fully competent and has the full right, power and authority to execute, deliver and perform this Agreement and the terms and conditions and obligations contained herein and upon execution, this Agreement would constitute legal, valid, and binding obligation on the custome (b) the entry into and performance of this Agreement would not conflict or violate any applicable law, rule or decree, judgment or order of court of law as of the date hereof or any agreement or document

to which the customer is a party.

7. INDEMNITY : Not withstanding any insurance claim which the owner may initiate or pursue, the customer hereby undertakes that the

customer full indemnity and hold the owner, its directions, employees, affiliates, associates, authorized representatives and agents ( collectively, “Indemnified persons” ) harmless against all damage, expenses, losses, injury, claims, fines or penalties of whatsoever nature and howsoever arising including reasonable attorney’s fees which may be su fered by or instituted against or imposed on the indemnified persons in respect of or in connection with the or account of (i) use of the vehicle, possession or enjoyment thereof by the customer, (ii) Breach of any covenants, representations or warranties or any terms and conditions contained in this Agreement, (iii) any action/omissions on the part of the customer, and (iv) any accident caused to or by the vehicle including any bodily injury or death resulting there form.

8. REPOSSESSION : If the customer defaults in any of the covenants, conditions or provisions of the Agreement, is agreed that owner may take

possession of the vehicle from the customer at any time, at the sole discretion of the owner.

9. OWNERSHIP AND TITLE : Ownership of and title to the vehicle shall at all times remain vested in the owner or its affiliate or associate as

the case may be. Neither the customer nor any person on claiming on the customer’s behalf shall during the Rental period or thereafter or upon any termination of the Agreement shall have any claim over the ownership or title of the vehicle or be entitled to retain the possession,

use or enjoyment of the vehicle provided by the owner.

10. ASSIGNMENT : The customer shall not, by operation of law or otherwise, assign, transfer, sublicense or delegate this Agreement or any

right occurring to the customer here under without the prior written consent of the owner. Any such prohibited assignment, transfer, sublicense or delegation may be disregarded and shall be void and of no effect. The owner shall be free to assign, transfer, sublicense or delegate this Agreement and the rights arising out of this Agreement to any person. at any time during the term of this Agreement.

11. RELATIONSHIP OF THE PARTIES: The parties to this Agreement are independent contractors and this Agreement will not establish any

relationship of partnership, joint venture, employment, franchise, or agency as between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior specific written consent and authority.

12. GOVERNING LAW AND JURISDICTION : This Agreement shall be governed by and construed in accordance with the laws of The

courts at Andhra Pradesh, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement ( including a dispute relating to any non- contractual obligations arising out of or in connection with this Agreement and the parties submit to the

exclusive jurisdiction of such courts.

13. DISPUTE RESOLUTION : The parties to this Agreement hereby agree that they intend to discharge their obligations in utmost good faith.

The parties therefore agree that they shall, at all times, act in good faith, and make all attempts to resolve all differences and disputes howsoever arising out of or in connection with this Agreement by discussion, failing which, by arbitration. Any differences and disputes that are not resolved by mutual negotiation within a period of one (1) month, after they have arisen, shall be referred to arbitration. The arbitration shall be referred to a single arbitrator mutually decided by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be at Tirupati India, and the language of arbitration shall be English. The award by the arbitrator

shall be final, and binding on the parties.

Tirupati Bike Rentals                                                                                        signature

KILOMETERS LIMIT PERDAY / HOURS

NON GEAR/ PER DAY LIMIT 120 kms. exces per. Kms. 3 Rs. Will be charged ( 110 CC below) NON GEAR/ PER DAY LIMIT 150 kms. exces per. Kms. 4 Rs. Will be charged ( 125 CC below) GEAR/ PER DAY LIMIT 200 kms. exces per. Kms. 6 Rs. Will be charged ( 150 to 180 CC) GEAR/ PER DAY LIMIT 200 kms. exces per. Kms. 6 Rs. Will be charged ( 180 to 390 CC)

In case of damage to the bike on rent due to accident/mishandling/carelessness, appropriate charges will be calculated by the vendor

and the customer is liable to pay the same to the vendor along with the daily tariff until the bike is ready for renting again.

2) charges Applicable : i. Fine of Rs 1000 if helmet is lost. Ii. For minor damages fine Rs 350/- iii. For major damages fine Rs 1500/- ( The minor and major damages will be decided by vendor)

Late Hour Charges ( Without inform)

Gearless vehicles                                                              Geared vehicles

VENDORS DECISION WILL BE FINAL. ON LATE HOUR CHARGES

When you inform the vendor late hour charges are different for each bike ( Please inform before 2 hrs of return date & time) Over speed charges:

1.     CONDITION OF THE VEHICLE

• The customer hereby acknowledges and accepts that the customer has received the vehicle from the owne (a) in a good and clean condition except as otherwise specified in the “vehicle details and condition Report” prepared by the owner prior to the handover of the vehicle to the customer, (b) with supplied tools, spare tyre, accessories and equipment keys, the mobile global positioning system (GPS) (if provided) and other accessories and any other items specified on the vehicle details and condition Report, (e) with the seal of the odometer unbroken and (d) with the checked out odometer reading and fuel reading.
• The customer agrees that vehicle has been provided by the owner to the customer on an ‘as is’ basis, as set forth in detail at the time of delivery of the vehicle and nothing in this agreement shall be constructed as the owner giving to the customer, any representation or warranty as to the nature, condition, fitness for purpose, merchantability of the vehicle.
• Upon return of the vehicle by the customer an inspection shall be conducted by the maintenance staff of the owner for assessing the condition of the vehicle and to identify any damage caused to vehicle by the customer during the rental period. While the owner shall take at least 24 hours to inspect the condition of the vehicle upon return, the owner agrees that all efforts shall be made by the owner to complete inspection of the vehicle by end of the business day following the day on which the owner received the vehicle from the customer. In the event of any damage, defects or issues being identified upon such inspection by the owner, the same shall be notified to the customer and such damage or defects shall be dealt with in the manner enumerated in clausesl.5 to 1.9 below. Further, in the event of the customer having committed any traffic offence during the Rental period and is liable for any penalty or fine, the vendor shall charge it form the customer.
• The customer hereby agrees that the customer shall not be entitled to cancel, withhold, defer or reduce the Rental fee or any other amount payable by the customer in terms hereof by reason of any defect or deficiency in or damage to the vehicle, except otherwise as noted by the owner at the time of providing the vehicle on rent to the customer in the ” vehicle Details and conditions Report”. Any defect or deficiency in or damage to the vehicle not observed and noted in writing by the owner at such time shall be deemed to have been caused by the customer and compensation or damages for the same shall be paid for by the customer to the owner.
• In the event of any breakdown or repair of the vehicle attributed to the failure in routine maintenance or due to normal wear and tear, a replacement vehicle of closest category shall be provided by the owner to the customer within reasonable time, if the vehicle is within the city limits of the city in which the vehicle was hired by the custom However, such replacement of the vehicle by the owner shall be subject to availability of a replacement vehicle and provided such replacement has been requested by the customer during the normal business hours of the owner. The owner may at its sole discretion require the customer to pay additional amounts as Rental fee towards the replacement vehicle.
• All wear and tear and regular maintenance issues caused to the vehicle during the rental period shall be the responsibility of the own However, any major/substantial physical damage caused to the vehicle during the rental period shall be the responsibility of the customer. The owner shall reserve the right to declare whether any damage caused to the vehicle is substantial in nature or not. In the event there is any substantial damage caused to the vehicle, the customer hereby undertakes to fully compensate the owner for such damage, the quantum of which shall be evaluated by the owner at market rates for the parts damaged and the expenses to be incurred for repairs. The compensation amounts will be charge to the customer in accordance with the terms contained in this Agreement.
• 1n the event any damage has been caused to the unseen mechanical parts of the vehicle such as engine, gearbox, suspension, etc., during the rental period, which were not identified by the owner during the inspection upon return of the vehicle and is later identified by the owner, the customer shall be liable to compensate the owner for such damage caused to the vehicle. The charges towards repair or replacement for such damage to the vehicle will be charge to the customer.
• Further, the customer hereby agrees to pay for reasonable costs of repair of the vehicle if (i) the owner has to pay extra costs to restore the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre-rental condition or (ii) the

vehicle has been damaged internally or externally while in the possession of the customer. These costs shall include, but is not limited to

professional cleaning, deodorizing or repair. The decision of owner regarding the expenses, costs, etc., and whether undertaking such repair of the vehicle is required or not, shall be final in this regard. The customer agrees that the customer shall also be responsible for compensating the owner towards any damage caused to the vehicle on account of hitting / colliding lo-level or low-lying objects, such as bridges, low branches, etc.

14. ENTIRE AGREEMENT : This agreement shall be read together with other agreements / documents entered into and executed between the parties and the terms and conditions and their policies available at the website / url com as updated from time to time. Provided however that in the event of any conflict between the provisions contained in this Agreement and the website, the provision contained in this agreement shall prevail.
15. SURVIVAL : The provisions contained in clauses 2 ( Limitation of liability ) 6 ( Representations & Warranties ) 7 { Indemnity ) 9 (Ownership and Title ) 12 ( Governing Law and Jurisdiction ), 13 ( Dispute Resolution ) and 4 ( Notices ) shall survive any expiry or termination of this Agreement