I. Lease of the Vehicle

• The Order received by pumpumpum shall constitute the demise of the Vehicle to the Lessee, on the terms and conditions contained herein. Based on the Order, pumpumpum shall initiate the process of Car procurement. The Parties agree that the Monthly Fee reflected in the Quote and payable by the Lessee may decrease or increase to an extent the Vehicle prices and taxes decrease or increase at the time of actual purchase of the Vehicle.
• The Lessee is allowed to cancel the car Lease within [1] days of placing the Order. In the event that the Lessee causes cancellation of, or instructs pumpumpum to cancel, an Order with the supplier of the Vehicle after the above mentioned period, or the Lessee shall refuse or be unable for any reason to accept delivery, pumpumpum shall be entitled to terminate the Lease of the aforesaid Vehicle and the Security Deposit shall stand forfeited to compensate pumpumpum for the costs, charges, expenses, losses incurred by pumpumpum arising out of such an action of the Lessee.
• pumpumpum or pumpumpum’s supply partners would be the registered owner of the Vehicle at all times for all purposes including regulatory requirement under the Motor Vehicles Act.

II. Lease Tenure & Lock-in period

• Lock-in period - Except as provided herein, it has been expressly agreed by and between the Parties hereto that neither Party shall have the right to terminate the Agreement hereby given for the initial Lease period agreed in the Quotation / This Agreement from the Effective Date (“lock-in period / Lease Tenure”). In the event that the Lessee terminates the lease under this Deed during the lock-in Period, the Lessee shall be liable to pay the consideration as mentioned under clause 4, for the entire unexpired portion of the Lock In Period. Failure to pay so within the time frame of 15 days, the Lessee shall be liable to pay as penal charges, an amount equal to twice the amount of the prevailing lease amount for the unexpired Lock-in-Period.
• Eligibility Criteria - The minimum age of the Lessee and/or, as the case maybe, any user of the Vehicle must have a valid Driving License issued by appropriate authority under Government of India. The Lessee shall also carry a valid passport and/or other form of government issued ID.

III. Management of the Vehicle

Management Services shall comprise the following:

• (i) Acquisition of Vehicle – pumpumpum shall coordinate with the relevant manufacturer/dealer for the acquisition of the Vehicle and shall make the necessary payments directly to such manufacturer/dealer.
• (ii) Insurance – pumpumpum and the Lessee agree that pumpumpum shall arrange for Appropriate insurance of the Vehicle, from time to time, (hereinafter referred to as "Insurance Policy"). The Insurance Policy shall be in the name of pumpumpum and pumpumpum shall be named as the loss payee therein. All claim payments from the Insurance Company shall be made to pumpumpum or to Designated Workshops. The Lessee shall not do or omit to do or be done or permit or suffer any act which might or could prejudicially vitiate or affect any such insurance.
• (iii) Registration of Vehicle with Transport Authorities – pumpumpum assists in completing the formalities of registration of the Vehicle. The Vehicle shall be registered as required under the Motor Vehicle Act, 1988 ("Motor Vehicle Act") and rules framed thereunder, in the name of pumpumpum. During the Lease Period, the Lessee shall be fully liable and responsible for all the obligations, liabilities and duties as provided under the Motor Vehicle Act or under any other law or instrument pertaining to the use of the Vehicle. However, this shall not in any way affect the absolute ownership of pumpumpum on the Vehicle and shall not confer upon the Lessee any right other than that of usage of the Vehicle.
• (iv) Road Tax – The Vehicle will be appropriately registered in the name of pumpumpum or its associates

IV. Vehicle Delivery:

• The Lessee, at its option, can take delivery of the Vehicle either at the Address, or from the nearest pumpumpum Experience Centre. If the Lessee desires to get the Vehicle delivered at the Address, any risk, damages to the Vehicle in transit from the Experience Centre to the Lessee’s address shall be treated as an accident case and the repair will be covered as per the Insurance Policy.
• pumpumpum will inform the Lessee of the proposed date of delivery of the Vehicle, and such date shall be deemed to be the Contract Start Date. The Lessee can propose a later date, and pumpumpum will deliver the Vehicle at such a mutually agreed date, but that will not change the Contract Start Date.
• The Lessee shall need to be present in-person, at the Address agreed or at the pumpumpum Experience Centre, at the time mutually agreed upon by the Lessee and pumpumpum, to receive the delivery.
• The Lessee has or shall deemed to have examined the Vehicle before accepting its delivery and shall deemed to have satisfied himself as to its condition and suitability for the Lessee’s purpose, and its compliance with any prescribed safety standards. After the delivery, any fault in the car shall be dealt with in accordance with the terms of this agreement under Maintenance & Repair Management section.
• pumpumpum makes no representation as to any performance of the Manufacturer or its dealers. In case of any loss suffered by the Lessee due to non-delivery, delay in delivery, failure in delivery, the Lessee will not hold pumpumpum responsible for such loss.
• The Lessee shall sign the necessary documents (viz., delivery receipt) at the time of delivery, which will serve as an evidence of delivery and acceptance of the Vehicle.
• If the Lessee fails to take the delivery of the Vehicle at the time mutually agreed upon by the Lessee and pumpumpum, the subsequent attempts to deliver the Vehicle will be charged at INR 1000 per attempt.

For Refund related query please refer to our Refund Policy

V. Maintenance and Repair Management Terms

• Maintenance & Repair Management – Pumpumpum pays for the maintenance and repair of the Vehicle during the Lease Period. pumpumpum has authorised the Designated Workshops for maintenance and repair of the Vehicle. The maintenance and repair costs for such accessories, which do not come as a standard fitment from the manufacturer of the Vehicle, and were installed by the Lessee or at the Lessee’s behest, shall be borne by the Lessee. The Vehicle shall be maintained and/or repaired only at the pumpumpum Designated Workshop, unless otherwise approved by pumpumpum. The invoice raised by such Designated Workshop shall be settled by pumpumpum directly with the Designated Workshop.
• In case the Lessee opts for the ‘pickup and delivery’ service for the Vehicle for service and repair, then any damage to the Vehicle during this process of pickup and delivery will be treated as an accident and will accordingly be dealt with in the same way as accident repair as handled by pumpumpum and shall be covered under the comprehensive Insurance Policy.
• Lessee is responsible for any unfair wear and tear of the Vehicle. The Lessee shall bear any loss or liability arising from using fuel other than the prescribed quality for the Vehicle or nature causing internal damage to the engine components, or arising from tampering with the parts and their assembly from the usual setting, or arising from changing lubrication oil without the approval of pumpumpum.
• The Lessee shall co-operate and agree to assist pumpumpum in picking up the Vehicle in case of scheduled periodic maintenance. pumpumpum to give a minimum notice of 24 hours before picking up the Vehicle from the Lessee. Notwithstanding the above, the Lessee is responsible for informing pumpumpum whenever periodic maintenance of the Vehicle is due.
• The Lessee shall report to pumpumpum immediately upon any loss or damage to the Vehicle.
• The Lessee shall report to pumpumpum immediately any condition that impairs the driving functionality and/or safety of the Vehicle, such as performance changes, inappropriate noises, smells or driving feel, including but not limited to warning lamps, indicators, poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass etc.
• Before performing jump start on the Vehicle, the Lessee must inform pumpumpum. The Lessee shall bear the liability for any losses arising out of a jump start.

Roadside Assistance – Through its pan-India tie-ups, pumpumpum makes reasonable best efforts to provide roadside assistance support in all cases. If, however, the Lessee's need for Roadside Assistance results from a breach of this Agreement, the Lessee may be charged for the full costs incurred by pumpumpum for providing such service.

Loner Car Service (applicable only if opted for) - The Lessee has opted and pumpumpum has provided a Loner Car as per details mentioned in Annexure 3 of this agreement. Loner Car has been provided till such time the pumpumpum is able to procure and deliver the Lease Car in line with the specifications mentioned in this agreement and referred to as “Vehicle”. All terms and conditions , Lessee’s liabilities and obligations of this agreement shall also fully apply to the Loner Vehicle.

VI. Maintenance and Repair Coverage :

• All periodic maintenance as per Manufacturer’s Manual.
• All running repairs.
• Maintenance and servicing of all standard accessories and equipment (that come pre-fitted from the manufacturer) of the Vehicle.
• All consumables for service, maintenance and repairs.
• Replacement of tyres and battery at the end of their useful life.

VII. Maintenance & Repair DOES NOT Include the following :

Repair of punctured tyre.

Rubbing & polishing, Teflon coating, underbody coating, body corrosion, seat dry-cleaning and other cosmetic jobs.

Replacement and maintenance of any accessories fitted by the Lessee, or fitted by pumpumpum at the behest of the Lessee.

Consequential Repair due to damages caused by user negligence such as running on a flat tyre, not paying heed to oil warning lamp temperature gauge, usage of adulterated or non-manufacturer specified standard fuels, consequential damage due to driving post-accident, etc.

Unfair wear-and-tear (e.g., replacement of consumables such as tyres, clutch plates, brake pads and discs etc. before their minimum lifespan is completed).This shall be governed by "Wear & Tear Guidelines" issued by pumpumpum from time to time.

Consequential damage due to non-adherence of service schedule as per the Manufacturer’s Manual.

Repair or replacement of number plates.

Pollution Under Check certification and other statutory licenses/clearances as may be required from time to time, except for annual road tax payments and the statutorily mandated fitness tests.

Fixing or re-charge of Fast Tags.

VIII. Lease period

The Lease Period shall commence from the Effective Date and shall terminate upon happening of any of the following events:

(i) Upon the Lessee exercising the option to acquire the Vehicle,

(ii) Upon pumpumpum exercising its option to terminate the Agreement, which pumpumpum can do at its sole discretion after the employee leaves the organization, by issuing a notice at least 3 weeks prior to intended date of termination, or, in case of an event of default, by issuing a notice any time prior to the intended date of termination.

(iii) Upon expiry of agreed tenure from the Effective Date.

IX. Vehicle Return Terms & Conditions :

On the occurrence of any of the events specified above except for cases of theft and except for those captured in clause (ii) above, immediately after the termination of the Lease Period, the Lessee shall, at its own cost and expense, return to pumpumpum the following:

(i) The Vehicle at the Address, in good order and condition, except for normal wear and tear as per the Fair Wear and Tear Guidelines. The Lessee shall, immediately after informing pumpumpum of his intent to terminate, or immediately after receiving information from pumpumpum about pumpumpum’s intent to terminate, get in touch with pumpumpum to identify and agree upon time and date at which the Vehicle needs to be returned back to pumpumpum. The Lessee shall ensure that it discharges its obligation to return the Vehicle to pumpumpum upon termination of the Lease Period immediately and without any delay. In case, the Lessee returns the Vehicle at a place other than the Address, it shall be liable to reimburse pumpumpum all costs incurred in transporting the Vehicle from such place of return to the Address. However, in the event the Lessee does not return the Vehicle as specified above, pumpumpum shall be entitled to take necessary steps to repossess the Vehicle after giving reasonable notice to the Lessee and the Lessee hereby irrevocably authorizes pumpumpum or any other person authorized by pumpumpum to take physical possession of the Vehicle as aforesaid and all the costs, expenses, charges etc. incurred by pumpumpum to take the repossession of the Vehicle shall be borne by the Lessee over and above a penalty equivalent to the monthly Lease fee (detailed in Quote / This Agreement) to be computed on a monthly basis till the date the Vehicle is actually returned to or repossessed by pumpumpum. The Lessee will be liable to pay for unfair wear and tear charges depending on the condition of the Vehicle in line with the Fair Wear and Tear Guidelines attached herewith. The Lessee will also be liable to pay if there is any mismatch in the vehicle components as listed in Annexure-2 unless the components are replaced or repaired by pumpumpum during the Lease period.

(ii) Relevant documents with respect to the Vehicle, including but not limited to the registration certificate in original and the original Insurance Policy.

(iii) All the Keys (original) of the Vehicle and accessories fitted as original equipment on the Vehicle.

• In the event the Lessee does not return the Vehicle as per the above clause and/or deliver the documents as per above, the Lease Period shall be considered automatically extended on the prevailing monthly Lease fee. pumpumpum shall continue to invoice for the Vehicle and the monthly Lease fee as previously agreed through the Order/Quote shall be payable by the Lessee till such time it complies with the provisions of the agreement. Furthermore, the Lessee shall also be liable to pay all losses and/or damages and costs (such as Insurance renewal cost) that pumpumpum may incur as a consequence of non-compliance by the Lessee.
• In the event the Lease Period is terminated upon happening of events specified above, any time after the expiry of lock-in period from the Effective Date, and before expiry of agreed tenure from the Effective Date, the Lessee shall reimburse to pumpumpum the following:
  • Unpaid Excess Kilometre Charge, if any, which shall be the charge for the excess kilometres driven in excess of the cumulative included kilometres at a rate mentioned in the Quote / This Agreement.
  • Unfair wear and tear charges depending on the condition of the Vehicle in line with the Fair Wear and Tear Guidelines.
  • All other sums remaining unpaid by the Lessee.
• If required by any government statutes/Regional Transport Authorities/State Transport Authorities/Regional Transport Offices, the Lessee agrees to sign on such required documents (without any name or details filled in) on return of the Vehicle at the end of Lease Period. In turn, pumpumpum confirms that the Lessee will not be responsible for any claims or damages incurred after the Vehicle is returned to pumpumpum.
• Superdari situation arises when a Vehicle is impounded by Authorities under a third-party liability or otherwise and is released on a bond with a condition that it cannot be sold/transferred before settlement of the relevant case. In the event, the Vehicle of the Lessee gets involved in a Superdari situation during the Lease Period, then the Lessee has to opt for either of the two options:
  • the Lease Period will get extended for a period as long as the Superdari is not released, at the prevailing monthly Lease fee; or
  • the Lessee will have to trigger a termination under the situation specified in clause 3.1 (ii)
• In case the Vehicle is impounded for any other reason, then the Lessee will be liable to get the Vehicle released from the relevant authorities. In case pumpumpum assists in the release, all the costs and expenses incidental thereto will be borne by the Lessee. Further, in case the Vehicle is released on Superdari and in the opinion of pumpumpum and/or Insurance Company, the Vehicle is technically no longer repairable, or the costs of repair are otherwise disproportionate to the likely market value of the Vehicle, the Lessee will have to compulsorily exercise option 3.8 (ii).
• All rights and obligations accrued during the Lease Period shall survive the termination of the Lease Period and the termination of this Agreement shall not affect the obligations of the parties incurred prior to the termination.
• In the event the Lease Period is terminated upon happening of event of “Superdari”, pumpumpum shall allow the Lessee to transfer the ownership of the Vehicle to himself, with the Lessee paying for the expenses involved in such transfer and pumpumpum providing the procedural assistance for the same, subject to the Lessee reimbursing to pumpumpum the following:
  • Unpaid Excess Kilometre Charge, if any, which shall be the charge for the excess kilometres driven in excess of the cumulative kilometres at a rate mentioned in the Quote / This Agreement.
  • Latest Insurance Declared Value (IDV),
  • All other sums remaining unpaid by the Lessee.

X. Consideration and General Terms

• In consideration of the usage of the Vehicle and availing of Management Services by pumpumpum, the Lessee shall pay monthly Lease fee (hereinafter referred to as “Lease Fee”). The Lease Fee shall comprise of the vehicle usage charges, management charges, insurance charges, and delivery charges. It shall be an amount as reflected in the Quote / This Agreement. The value of the Monthly Lease Fee shall be specified in the Quote / This Agreement and shall be paid by the Lessee to pumpumpum. The Lease Fee shall be payable by 5th of same month for every Billing Month (hereinafter referred to as the “Billing Month”). Billing Month will be decided based on the Lessee’s payment policies.
• The Excess Kilometre Charges will be as specified in the Quote / This Agreement in Clause 2. Excess Kilometre Charges will be billed only when the “cumulative driven Kilometres” exceed the “cumulative included Kilometres”. If the client uses the Vehicle for lesser/greater Kilometres than the included Kilometres specified in the Quote / This Agreement, the difference will be settled at the end of Lease period or at the time of employee leaving the organization, whichever is earlier.
• The Lessee understands that in accordance with the internal policies and procedures applicable to pumpumpum, pumpumpum might be required to undertake a periodic appraisal of the Lessee’s credit worthiness. In case, pumpumpum is of the opinion that the credit worthiness of the Lessee has deteriorated, it may require the Lessee to comply with additional conditions in order to safeguard the Vehicle(s).
• In the event the Lessee fails to make timely payments that are due to pumpumpum under this Agreement, the Lessee shall be liable to pay, without prior notification or reminder (i) any and all costs incurred by pumpumpum to recover such amounts; and (ii) late payment charges @ 2% per month on the amounts due and outstanding, for the period the amount becomes due and payable (starting 7 days after the due date of payments), till such amounts are paid by Lessee. The same applies to the payment that the Lessee shall make to pumpumpum for the purchase of Insurance Policy.
• Any payments made by pumpumpum on behalf of the Lessee pertaining to the Vehicle, not covered by this Agreement shall be reimbursed by the Lessee to pumpumpum. pumpumpum shall provide sufficient proof of such payments.
• pumpumpum reserves the right to seek such financial information/due diligence documents (at least on an annual basis) as to ensure the due performance by the Lessee under this Agreement, as the case may be. pumpumpum may withhold further performance under this Agreement, till the Lessee furnishes such information/documents.
• The Lessee agrees with pumpumpum, and hereby authorises pumpumpum, to set off any amounts as may be due from pumpumpum to the Lessee against any amounts that may be payable by the Lessee under this Agreement, as the case may be.
• The Lessee agrees to pay the applicable charges as specified in the Quote / This Agreement.

XI. Technical control and Inspection

• The Lessee shall present the Vehicle for pollution checks and other statutorily mandated technical/fitness tests, at the dates and places determined by the relevant authorities and /or pumpumpum . Further, the Lessee shall present the Vehicle as and when required by any competent authority for any inspection that may be required by any law, regulation and / or rule. The Lessee shall get the annual and other fitness tests/inspections done within the stipulated time. The costs of all such tests/inspections shall be borne by pumpumpum.
• The Lessee by accepting the Vehicle acknowledges having inspected the Vehicle and receiving the Vehicle in a good and roadworthy condition, free of any obvious defects or damage. The Lessee shall, as and when requested by pumpumpum, make available the Vehicle to pumpumpum for inspection or technical check up by pumpumpum. pumpumpum shall provide reasonable notice to the Lessee for the same.
• In case of any existing scratch or dent on the car, the pumpumpum will record such existing scratch or dent on the car. After usage, if the pumpumpum finds any major damage in the vehicle then Lessee shall be responsible to bear the cost of the same. The risk in and to the Vehicle shall immediately pass to the Lessee on delivery of the Vehicle and shall remain with the Lessee throughout the entire period of this Agreement.

XII. Vehicle Usage Terms

• The Lessee, and respectively the user authorised by it, shall use the Vehicle in a proper manner for the normal purposes for which they were designed and equipped. The Lessee is sole responsible for allowing anyone else to drive the Vehicle, other than the Drivers mentioned at the time of execution of this Agreement. The pumpumpum considers it to be a breach of the Agreement and will not be responsible for any claims made by the Lessee. The prohibited uses of the Vehicle include, but are not limited to:
  • For any speed race, competition, endurance test and like events;
  • For the primary purpose of giving driving lessons;
  • For the purpose of towing, pushing, or propelling any trailer or any other vehicle;
  • For the purposes of any commercial use;
  • By any person who is under the influence of (a) alcohol or (b) any drug or medication
  • under the effects of which the operation of a vehicle is prohibited or not recommended;
  • For the purpose of commission of any crime or other illegal or unlawful activity;
  • In an imprudent, negligent, abusive manner or for any abnormal use;
  • By any person who has provided pumpumpum with false information (including, without limitation, any personal information such as name, age, or address) or whose representations are determined to be false;
  • For the purpose of driving outside the territorial boundaries of India;
  • Driving while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device or engaging in similar activities that may be prohibited under applicable laws;
  • For the purpose of transportation of any goods including any flammable, poisonous, or otherwise hazardous substances;
  • For the purpose of transporting objects that could, due to their size, shape, or weight, adversely impact the Vehicle’s handling safety or that could damage the interior of the Vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Vehicle.
  • Carrying more than the authorized number of persons (equal to the number of seatbelts) in the Vehicle.
  • Any kind of activity that could be charged as crime and/or which will affect the normal conditions of the Vehicle.

All the legal charges, fines, charges, Court fines shall be borne by the Lessee.

• The Lessee shall ensure compliance with all the applicable laws/rules and regulations in relation to the use and maintenance of the Vehicle, including but not limiting to holding a valid driving license and, where necessary, undertake appropriate modifications/additions to the Vehicle at its own cost, with the prior written approval of pumpumpum, to ensure such compliance.
• All traffic violations will be the responsibility of the Lessee if they occur during the Lease Period. In the event of any fines or penalties imposed by any Governmental Authority for traffic violations, the same shall be borne by the Lessee. The Lessee shall not leave a Vehicle in a zone which has parking restrictions.
• The Lessee shall be liable for all costs, including fines for late payment and any processing fees added by the issuing municipality in case of any traffic violations including but not limited to parking, speeding, breaking red light, photo enforcement, and toll violations. The Lessee shall forthwith pay the relevant fine/s to the authority concerned and provide pumpumpum with the proof of such payment.
• If the Lessee leaves the Vehicle in such a restricted zone, the Lessee shall be responsible for any and all violation notices or towing charges incurred by the Lessee or by pumpumpum.
• Except for the case where the Vehicle is registered as a private car, whenever the Lessee enters a state that’s different from the one where the Vehicle is registered, the Lessee shall pay the applicable inter-state tax. If, due to non-compliance with the foregoing, the authorities temporarily or permanently take the Vehicle off the road, then the Lessee shall be responsible for obtaining possession of the Vehicle back from such authorities, and all the costs, including fines, incurred in attempts to get the Vehicle on the road again, shall be borne by the Lessee. If pumpumpum gets involved to obtain the possession of the Vehicle, then the costs incurred by pumpumpum shall be borne by the Lessee. The Lessee shall continue the payment of the monthly Lease Fee during the period when the Vehicle is off-road.
• The following documents shall always be kept in the vehicle by the Lessee:
  • Registration Certificate
  • Insurance Papers
  • Pollution Under Control (PUC) Certificate
  • Any other documents as mandated by any government statutes/Regional Transport Authorities/State Transport Authorities/Regional Transport Offices from time to time.
• The Lessee shall maintain the Vehicle in a good state in conformity with the Manufacturer’s Manual, using the same degree of care as would ordinarily be exercised if the Vehicle belonged to the Lessee. Any liability arising out of not conforming to the guidelines mentioned in the Manufacturer’s Manual shall be to the cost/account of the Lessee.
• The Vehicle shall be taken only to Designated Workshops for any repair and/or maintenance of the Vehicle. In exceptional circumstances, if the Lessee faces an unavoidable need to get the Vehicle repaired at another workshop, he shall inform pumpumpum of the workshop’s details and the expected cost of repair, and secure pumpumpum’s approval before getting the Vehicle repaired. In the event any invoice is received from a workshop, not being a Designated Workshop, pumpumpum reserves the right to refuse to honour such invoice. In the event that a repair or service performed at a non-Designated Workshop, with or without pumpumpum’s approval, impairs the Manufacturer’s warranty fully or partially, the liability of the same shall be borne by the Lessee.
• The Lessee shall report to pumpumpum defects in the kilometre indicator (odometer) no later than 24 hours from the time such defect is noticed by the user of the Vehicle. The kilometres driven up to the time of the repair of the defect shall be estimated and finalised after mutual consultation.
• Upon pumpumpum’s request, the Lessee shall provide pumpumpum with the Vehicle’s running details including but not limited to odometer reading, tyre quality and battery condition.
• Daily maintenance of the Vehicle, in terms of cleanliness, seat cleaning must be carried out by the Lessee. Any damage like cigarette burn or cut through sharp object will be borne by Lessee.
• All parts and accessories that are replaced or added to the Vehicle during the rental period shall become the pumpumpum’s property and the Lessee shall not be entitled to be compensated therefor.
• The Lessee understands and agrees that while pumpumpum endeavors to provide the Management Services including the periodical servicing and upkeep of the Vehicle to the best of its expertise, the actual performance of the Vehicle including the mileage or fuel efficiency thereof may be beyond the control of pumpumpum. Accordingly, pumpumpum shall not entertain any claims with reference to the performance of the Vehicle or any other claim pertaining to failure of parts including the emergency functions of the Vehicle.
• The Lessee will ensure the safekeeping of the vehicle documentation that has to be produced on demand by the police or representatives of the state transport authorities. If these documents are lost or stolen, the Lessee will bear the cost of obtaining duplicates.

XIII. Expectations from Lessee:

• After Lessee returns the car, it is expected from him/ her that the condition of the car interiors in terms of cleanliness should be in the same as before the Lease if the car is not cleaned properly from inside a standard amount as specified in the Quote/This Agreement will be liable to compensate the pumpumpum.
• In case of scratches and dents, after full inspection by a specialist in front of Lessee a rough estimate of the damage will be accessed and detailed report will be signed by the Lessee. After that a detailed invoice will be generated, which will be cross-referenced by the service partner and from the Lessee itself. After due deliberation, the amount decided between the Parties will be liable upon the Lessee to make the payments for the same.

XIV. Standard model and Specifications

• The term "standard model" shall be taken to mean the Vehicle as they are delivered to the Lessee.
• The fitting of any further optional accessories shall be charged to the Lessee, regardless of whether these are obligatory as a result of new legal requirements. Any addition of extras and adaptations to the Vehicle may be permitted in consultation with, and after the prior written consent of pumpumpum. Upon expiry of the Lease Period or earlier termination in terms hereof, only those accessories may be removed which the Lessee has had fitted at his own cost and the removal of which will occasion no visible damage to the Vehicle. By this criterion, a radio may be removed but not an aerial. pumpumpum shall be under no obligation to pay compensation with regard to any accessories which, as a consequence of this proviso, may not be removed. Attachments to the Vehicle, such as advertising lettering, luggage carriers, etc. may only be applied or fitted after prior written permission from pumpumpum; expenses incurred in removal of these items upon termination is chargeable to the Lessee.

XV. Insurance

• During the subsistence of this Agreement or and till the Vehicle is delivered back to the pumpumpum in good order and condition, the pumpumpum shall at its own expense comprehensively insure the Vehicle leased. The Lessee shall pay to pumpumpum the amount specified in the Quote / This Agreement which includes the cost of insurance coverage for the entire Lease period.
• In case of damage, the decision of whether or not to file a claim under the Insurance Policy will be taken solely by pumpumpum. In cases where pumpumpum decides to not file the claim, repair expenses shall be borne by the Lessee. Such expenses will be subject to a maximum amount of INR 5,000 per incident of damage, except in cases of theft, total loss, and situations where pumpumpum is unable to claim insurance due to actions (or lack thereof) attributable to the Lessee. Examples of such situations are outlined in Annexure 1.
• The expenses associated with any risks and ensuing damage to the Vehicle, which are not fully covered by the comprehensive Insurance Policy or risks which are not borne by pumpumpum in terms hereof, shall be borne by the Lessee. Accordingly, the Lessee shall pay to pumpumpum the amount of loss and/or damage not paid under the Insurance Policy and be liable for the following:

In case of Damage:

• The difference, if any, between the actual amount incurred in repairing the damage to the Vehicle and the amounts recovered/to be recovered under the Insurance Policy. In case the Claim is repudiated due to any reason thereof , the Lessee shall be liable to pay the entire amount spent on such damage repair.

In case of theft/Total Loss:

1. The shortfall between the claim amount paid by the Insurance Company, and the Settlement Charge at that point of time as per the Quote / This Agreement, and

2. Unpaid Excess Kilometre Charge, if any, which shall be the charge for the excess kilometres driven in excess of the cumulative kilometres at a rate mentioned in the Quote / This Agreement.

3. All estimation charges and parking charges levied and/or invoiced by the workshop.

4. All other sums remaining unpaid by the Lessee.

• From the 2nd month following the event of Total Loss or theft, the Lessee shall not be liable to pay the monthly Lease Fee, as per the following conditions:
  • If the Insurance Company pays the claim amount within two months, the Lessee shall need to pay pumpumpum as per clause 8.1(i) where the Settlement Charge shall be as of the end of the month in which the claim from Insurance Company is received, as per the Quote / This Agreement.
  • If the claim is not settled by the Insurance Company within two months, pumpumpum shall settle the accounts on an ad-hoc basis and the Lessee shall need to pay pumpumpum as per clause 8.1(i) where the Settlement Charge shall be as of the end of the fourth month as per Quote / This Agreement, and the amount to be recovered from the Insurance Company shall be the estimated value. Once the Insurance Company finally makes the payment of the claim, pumpumpum shall reconcile the accounts with the Lessee and pumpumpum shall be entitled to claim any amounts that may be due from the Lessee.
• In the event, the stolen Vehicle is recovered before the claim amount is received from the Insurance Company, depending on the condition of the Vehicle, it will be at the discretion of pumpumpum whether to continue the Agreement for that Vehicle. In the event pumpumpum does not agree to continue the Agreement, the Agreement will be terminated and the Lessee shall pay to pumpumpum the following:
  • The shortfall between the proceeds from the sale of the Vehicle, and the Settlement Charge at that point of time as per the Quote / This Agreement, and
  • Unpaid Excess Kilometre Charge, if any, which shall be the charge for the excess kilometres driven in excess of the cumulative kilometres at a rate mentioned in the Quote / This Agreement.
• Upon the happening of any event that causes any damage or loss to the Vehicle and/or its accessories whilst thereon, including accident, theft, hit caused by fire explosion, self-ignition or lightening, burglary, housebreaking, riot, strike, earthquake, flood, typhoon, hurricane, storm, tempest, inundation, cyclone, hailstorm, frost, malicious act and/or terrorist activity, the Lessee shall as soon as possible notify pumpumpum by telephone of such damage or loss relating to the Vehicle and confirm this in writing in accordance with the terms hereof, within 1 calendar day of the occurrence of such event causing loss and/or damage to the Vehicle. Without prejudice to the generality of the provisions given above, in the event of accident or theft of the Vehicle or any part and/or accessory thereof, the Lessee:
  • shall immediately report the same to the nearest police station and obtain a copy of the first information report (FIR) and ensure that the registration, chassis and engine number are specified in the FIR.
  • shall report the same to pumpumpum and within 1 calendar day of the knowledge of the theft, furnish to pumpumpum, a copy of the FIR.
  • shall bear all costs and/or damages and/or consequences arising from late or incomplete report or failure to submit the aforesaid documents.
• All insurance and damage related issues shall be subject to the terms, general exceptions, conditions and endorsements contained in the Insurance Policy. Handling of all legal liabilities/claims arising out of third party claims shall be the responsibility of the Lessee.
• The Lessee shall maintain the Vehicle with all due diligence. The Lessee undertakes to facilitate the settlement of all cases of damage by providing the relevant information and documents and taking all the steps required if requested to do so. pumpumpum retains the right to initiate an investigation in the event of any loss occurrence.
• Under no circumstances shall pumpumpum be held liable towards the Lessee or a third party for any loss or damage that may be suffered by the Lessee or a third party, whether or not the same may be attributed to the Lessee or user of the Vehicle.
• Whilst holding an option to seek expert advice, pumpumpum may itself decide whether a Vehicle should be repaired. No repairs will be carried out if the Vehicle is technically no longer repairable, or if the costs of repair are disproportionate to the Settlement Charge at that point of time, as per the Quote / This Agreement.

XVI. Warranties

• The Lessee warrants that the execution of this Agreement & Order(s) and the use and operation of the Vehicle by the Lessee shall not contravene the provisions of any law, statute, rule and regulation to which the Lessee is subject and/or the Lessee's Memorandum and Articles of Association.
• The Lessee warrants that it has obtained all consents, licenses, approvals as are necessary for or in connection with the execution, validity and enforceability of this Agreement & Order(s) and for the use and operation of the Vehicle and undertakes to keep them effective and in force at all times during the period of this Agreement and till the Vehicle is delivered back to pumpumpum in good order and condition, as per fair wear and tear guidelines.
• The user, (and in case the user has not executed this Agreement, the Lessee) warrants:
  • That the Authorized Driver is above the legal age requirement and has a valid driving license.
  • That the Authorized Driver fulfils the other qualifications mentioned in this Agreement.

XVII. Lessee’s Covenants

• During the subsistence of this Agreement and till the Vehicle is either delivered back to pumpumpum in good order and condition in terms hereof, or acquired by the Lessee, the Lessee shall:
  • not claim any right, title or interest in the Vehicle and/or parts, components thereof other than that of a subscriber or contest pumpumpum’s sole and exclusive ownership thereof.
  • Use and operate the Vehicle carefully and maintain it in conformity with the Manufacturer’s Manual and comply with all statutory and other requirements of law, rules, regulations or directions applicable to use and operation of the Vehicle in that behalf. The Lessee shall not do or omit to do, cause to be done any act or thing by which the warranties and performance guarantees given by the Manufacturer (if any) would be invalidated or become unenforceable, wholly or partly.
• not transfer, assign or otherwise dispose of or purport to transfer, assign or dispose of pumpumpum's rights or obligations or interest hereunder by way of mortgage, charge, sublease, sale or other assignment, hypothecation, pledge, hire, encumbrance, license or otherwise in any manner part with the possession of the Vehicle or any part thereof or allow or purport to do or allow or create any lien, charge, attachment or other claim of whatsoever nature on the Vehicle or any part thereof.
• at all times, indemnify and keep indemnified, pumpumpum, its Parent and affiliates and their respective Directors, Officers, Employees, Shareholders, Agents, Attorneys, Assigns and Successors-in-interest against all losses, liabilities, damages, injuries, claims, demands, costs, Attorney fees and other expenses arising out of or attributable to the use and/or possession of Vehicle by the Lessee.
• Without prejudice to any other right that pumpumpum may have, the Lessee shall indemnify and keep pumpumpum indemnified against:
  • any loss of or damage to the Vehicle, however arising, other than fair wear & tear and other than that attributed to mechanical/electrical failure in the course of normal usage for which the vehicle was designed;
  • any losses, costs, charges or expenses (including between attorney and Lessee and costs of litigation) or outgoings which pumpumpum shall certify as sustained or suffered or incurred by pumpumpum as a consequence of occurrence of an Event of Default;
  • any loss which pumpumpum may suffer as a result of any representation or warranty made by the Lessee in connection with this Agreement being found to be materially incorrect or misleading;
  • any losses, costs, charges, claims, damages, expenses or liabilities incurred in tort;
  • any losses, claims, damages, expenses, liability for any death, injury or damage to any person or property or pumpumpum may suffer/ incur arising directly or indirectly from the Vehicle or its use, whether caused wilfully/ or the result of rash and negligent driving or any malicious act;
  • any claim for breach of intellectual property rights arising in connection with the Vehicle or its use;
  • any cost incurred by pumpumpum in seeking repossession of the Vehicle, getting the same repaired, refurbished or restored;
  • any loss or liability incurred by pumpumpum resulting from possession, use or operation of the Vehicle by the Lessee;
  • any liability which pumpumpum may incur under any tax legislation by reason of the use of the Vehicle for any purpose other than as stated by the Lessee to pumpumpum;
  • Provided that such loss, damage, claim or liability is not due to pumpumpum’s negligence.

Each indemnity in this clause is a separate and independent obligation and continues after termination of this Agreement.

• not claim any relief by way of any deduction, allowance or grant available to pumpumpum as the owner of the Vehicle under the Income Tax Act, 1961 or under any other statute, rule, regulation or guideline issued (or as may be amended and existing from time to time) by the Government of India or any statutory authority and not do or omit to do or be done any act, deed or thing whereby pumpumpum is deprived, whether wholly or partly, of such relief by way of deduction, allowance or grant. The Lessee shall, at the end of each financial year of pumpumpum, provide to pumpumpum such information as it may require to claim relief by way of deduction, allowance, or grant, as the owner of the Vehicle under the Income Tax Act, 1961 and the Lessee undertakes to comply with and observe, at all times, all the terms and conditions to be complied with or observed in respect of the use of the Vehicle to entitle pumpumpum to obtain such relief.
• sign, execute and deliver all such documents as may be reasonably requested by pumpumpum, in relation to the Vehicle, including such forms, affidavits, powers of attorney etc., as may be required to be filed with the transport authorities or the insurance companies.
• authorise pumpumpum to sell, alienate, transfer, charge, hypothecate or otherwise encumber the said Vehicle and in this regard, to sign and deliver necessary forms, documents and/or to give notice to the appropriate Regional Transport Authority for effecting transfer of the said Vehicle at the end of the Lease Period.
• authorise pumpumpum to fill in, alter, amend, sign or complete such forms, documents or papers relating to the regional transport office or the insurance companies and to give full and complete effect thereof.

XVIII. Events of default

• An event of default shall occur hereunder, but not limited to these, if:
  • the Lessee fails to make any of the payments or part thereof or any other payment required to be made hereunder when due and such failure continues for a period of 7 calendar days after the due date of such payment; or
  • the Lessee fails to perform or observe any other covenant, conditions or agreement to be performed or observed by it hereunder or in any other document furnished to pumpumpum in connection herewith; or
  • without pumpumpum's consent, the Lessee sells, transfers, parts with possession or sublets or encumbers or creates any charge and/or lien on or endangers the Vehicle/any item of the Vehicle; or
  • the Lessee shall make an assignment for the benefit of creditors, or consent to the appointment of a trustee or receiver; or a trustee or receiver shall be appointed in relation to a substantial part of the Lessee’s property; or bankruptcy, reorganisation or insolvency proceedings, voluntary or otherwise, affecting the Lessee, shall be instituted by or against the Lessee; or
  • fails to maintain the Vehicle in terms of this Agreement and/or as specified in the Manufacturer’s Manual.

XIX. Distraint and measures by Third parties

• If third parties lay claim to or otherwise take action in respect of a Vehicle, the Lessee shall take immediate action to safeguard the rightful property of pumpumpum. If the Lessee loses legal control of the Vehicle, it shall inform pumpumpum by email to support@PumPumPum.com within 24 hours and if necessary, take appropriate counter measures. pumpumpum may take any and all actions it sees fit in the interests of protecting its rights.
• The costs incurred as a result of any action as aforesaid are to be borne by the Lessee.
• The Lessee hereby undertakes to abide by the existing legislation pertaining to the use of Vehicle when any city border is crossed. If, due to non-compliance with the foregoing, the authorities temporarily or permanently take the Vehicle off the road, then the Lessee shall be responsible for obtaining possession of the Vehicle back from such authorities, and all the costs, including fines, incurred in attempts to get the Vehicle on the road again, shall be borne by the Lessee.

XX. Travel outside contracted boundary

• The Management Services as offered by pumpumpum and as opted for by the Lessee are available within the Contracted Boundary of the Vehicle. In case, the Lessee takes the Vehicle to a place outside Contracted Boundary on a temporary basis, pumpumpum may provide Management Services at such place, subject to availability of the required services, provided the Lessee has provided pumpumpum a prior intimation of such visit. During such temporary visit outside the Contracted Boundary, the Lessee may approach pumpumpum at the telephone numbers designated by pumpumpum, in order to seek assistance for any emergency repair required on the Vehicle. In case, Designated Workshop is not available for such emergency repairs, the repairs can be carried out at a workshop approved by pumpumpum. pumpumpum shall reimburse the invoice amount provided the costs have been approved by pumpumpum before the carrying out of the repair. The Lessee shall ensure that such invoices are made in the name of pumpumpum.
• The Lessee shall be allowed to take the Vehicle outside the Contracted Boundary on a permanent basis after prior written approval from pumpumpum. The Lessee shall bear the full responsibility for the transportation of the Vehicle and all costs in connection therewith have to be borne by the Lessee. The Lessee will also have to bear the transfer costs and re-registration costs as well as furnish required documents within 15 days in respect of the Vehicle so that pumpumpum can undertake the re-registration with the authorities and the Lessee shall reimburse pumpumpum or any other person instructed by pumpumpum for any costs incurred in this connection. The Lessee also agrees that in case of re-registration, GST and other taxes will be levied as per the applicable state laws and consequently, the monthly Lease Fees payable may change.
• The Lessee may not under any circumstances, export the Vehicle outside India, except with the prior written permission of pumpumpum, which permission may be provided by pumpumpum at its own discretion.

XXI. Miscellaneous

Taxes, Duties & Levies:

The Lessee is aware that the monthly Lease Fees will be specified in the Quote / This Agreement, after taking into account all taxes, duties (including stamp duties), registration costs and other charges, as may be applicable at the time of preparation of the Quote / This Agreement, as the case may be. The Lessee agrees that the Lessee will be liable to bear and pay any and all applicable taxes, charges, levies, duties or any other imposts (whether applicable at the time of execution of the Quote / This Agreement, or made applicable later) that may be payable by virtue of the Lessee executing this Agreement or availing the Lease or services hereunder or making payments pursuant to this Agreement. To this end, the Lessee covenants to pay any and all such additional amounts that may be claimed by pumpumpum.

Arbitration & Jurisdiction:

(i) All disputes, differences, claims and demands arising under or pursuant to or concerning this Agreement shall be referred to Arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any statutory amendment or re amendment or re-enactment thereof, subject to following rules:

• Arbitration shall be conducted by a sole arbitrator to be appointed by pumpumpum.
• The language of arbitration shall be English, and place of arbitration shall be New Delhi.
• The respective costs of arbitration shall be borne equally by the parties in the first instance; however, the successful party shall be entitled to the costs of arbitration including legal and recovery costs.

(ii) The laws of India shall govern this Agreement. Subject to provisions of clause 14.2 (i) the courts in New Delhi shall have exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way, relating to this Agreement.

Correspondence Address/ Notices:

Unless specifically provided otherwise, any notice or demands required to be given herein shall be given to the parties hereto in writing and by either Registered Post Acknowledged Due, e-mail or by hand delivery at the addresses above mentioned or at such other addresses as the parties hereto may hereafter substitute by written notice given in the manner prescribed hereinabove. Communication generated by pumpumpum on the Lessee’s mobile number will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Waiver:

Any waiver by a party of any rights that is available to it, shall not constitute a waiver of any other rights available to it, nor shall a waiver at one instance be construed as waiver at all similar instances in future. A waiver, in order to be effective, shall be in writing and shall be expressed in clear terms. It is clarified that there cannot be any implied waiver of any rights available to a party under this Agreement, and any delay, neglect, failure or refusal of a party in enforcing its right shall not constitute a waiver of any rights available to such party.

Assignment:

The Lessee shall not be entitled to assign (in whole or in part) this Agreement or its Annexures or any of the rights or obligations of the Lessee, without prior written consent of pumpumpum, which consent may be given at pumpumpum’s own discretion. pumpumpum shall have the right to assign (in whole or in part) this Agreement, its Annexures, or any rights (including any part of the monthly Lease Fees that may be receivable under or pursuant to this Agreement) or obligations of pumpumpum. In such an event, the Lessee shall perform its obligations under or pursuant to this Agreement and its Annexures qua such assignee.

Limitation of liability:

Notwithstanding anything to the contrary elsewhere contained in this Agreement, pumpumpum shall, in no event, regardless of the form of claim, be liable for any direct, indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages; or losses or expenses of any nature suffered by the Lessee arising directly or indirectly from any act or omissions of the Lessee.

Severability

It is the intent of the Parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under Applicable Laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.

XXII. Force Majeure

This Agreement and its performance by pumpumpum or the Lessee shall be subject to Force Majeure. A Party shall not be liable for any delay or default in the event such Party is unable to perform any of its obligations under this Agreement as a result of Force Majeure event. The Party whose performance has been so affected shall immediately give written notice to the other Party of the facts which constitute the Force Majeure event and shall do everything reasonably possible to resume performance. For the avoidance of doubt, a Force Majeure Event shall exclude any event that a Party could reasonably have prevented by testing, work-around, or other exercise of diligence. If the period of non-performance exceeds 60 days from the receipt of written notice of the Force Majeure Event, either Party may by giving written notice terminate the Agreement.