1.1 Automen India (hereinafter referred to as ‘Automen’) is a partnership firm incorporated under Indian Partnership Act, 1932 having its registered office at A-84, Lower Ground Floor, Defence Colony, New Delhi- 110024.
1.2 Availing services rendered by Automen is subject to Standard Terms & Conditions (hereinafter referred to as ‘STC’) mentioned in the Service Evaluation Form (hereinafter referred to as ‘SEF’) as may be amended from time to time.
1.3 Management of Automen vests exclusively with the authorized employees of Automen (hereinafter referred to as “management”).
1.4 The management reserves exclusive rights to accept; reject or conditionally accept any request for availing services rendered by Automen.
2.1 Automen renders preventive maintenance services for cars, including but not limited to scheduled maintenance services, interior and exterior detailing services, and other ancillary services at the home or office of car owners across Delhi-NCR.
2.2 Preventive Maintenance Services (hereinafter referred to as ‘PMS’) are services defined by a car manufacturer as depicted in the service manual of a car or become apparent upon a physical inspection/ road test of a car. Such PMS may include oil change, filter replacement, other fluid change and inspection/ replacement of applicable parts, interior and exterior detailing, and minor repairs. Such services are rendered at defined periodicity in terms of kilometers driven and/ or number of months since previous service and/ or due to normal/ abnormal wear and tear of the mechanical parts of the car. Such preventive maintenance services are discussed between the customer and the management prior to a PitStop. The service team delivers the PMS chosen by the customer at the doorstep of the customer as per P&P.
2.3 Customer is an owner of a car or cars who has chosen Automen to render PMS for his/ her car. Customer includes the representative of the car owner who has been authorized by the customer to solicit the services of Automen and/ or approve the services undertaken by the service team including, but not limited to, designated driver, administrator, domestic help, friends and relatives.
2.4 Doorstep of the Customer (hereinafter referred to as ‘service premises’) is a designated space in the home or office of the customer where Automen is authorized to render PMS.
2.5 Non-Conforming Services cannot be fulfilled by Automen at the doorstep of the customer including, but not limited to, wheel alignment. Such services may be a part of the PMS recommended by a car manufacturer car or become apparent upon a physical inspection of a car and/ or by undertaking a road test of a car. The service team may recommend a course of action for such services to the customer as per P&P. Automen takes no responsibility for the course of action chosen by the customer to undertake non-conforming services.
2.6 Service Team includes a group of individuals who may be employed or hired by Automen to undertake PMS for a car owned by a customer.
2.7 PitStop is the date, time and location provided by a customer to Automen for rendering PMS. The pit stop time maybe extended by Automen or the Customer by a maximum of thirty minutes.
2.8 Policies & Procedures (hereinafter referred to as “P&P”) are guidelines and operating procedures, as defined by Automen, in relation to, including but not limited to, service operations, service delivery, warranty, service capability and service fee. In the event a customer has chosen to become a PLP member, the customer is also governed by the P&P specifically the terms and conditions of the PLP. P&P may be amended from time to time.
3. Automen Services
3.1 Service Capability: As far as possible, Automen endeavors to deliver the full extent of preventive maintenance services to the customer as per P&P. However, the customer understands that there may be non-conforming services that become apparent to the service team at the time of rendering PMS. The customer agrees to not hold Automen responsible for delivering/ fulfilling such services. In addition, customer understands that the services rendered by Automen may differ from those recommended by the manufacturers. Soliciting services rendered by Automen are at the risk of the customer.
3.2 Service Premises: Customer understands the need for and agrees to provide an environment in the service premises that is conducive for undertaking PMS. Such an environment may include, but not limited to, adequate parking space for the Automen service van, close proximity between the Automen service van and the car of the customer, overhead cover, close proximity of electricity connection and water connection. In the event the environment provided in the service premises is not conducive for undertaking PMS, the customer understands that Automen may not be able to assure the quality of the service and service completion timeline to the customer. In addition, customer hereby declares that he/ she has the authority to allow Automen to render its services at the premises of the customer and/ or have obtained the necessary approvals from the relevant authority/ premises owner/ manager/ in-charge for the same. Automen shall not be responsible for obtaining any/ all permissions from any authority, including but not limited to, RWA, Municipal Councilors and any other administrative authority.
3.3 Service Fee: Automen charges its customers a service fee based on the service package chosen by the customer. Such service fee includes charges for the services rendered by Automen to the customer such as, including but not limited to, labor charges, parts/ fluids replacement charges and preventive maintenance services charges as per P&P. All taxes and levies are charged as applicable.
3.4 All Parts/ Fluid Warranty: Automen uses genuine parts and car manufacturer recommended oil grade and other fluids. All parts used by Automen are sourced as per Original Equipment Manufacturers (OEM) standard and carry an OEM warranty as per P&P.
3.5 Service Delay: While all service delivery processes are verified under test conditions for accuracy of the estimated time of delivery and every effort is made to adhere to the commitments made to the customer, customer understands that there may be a delay in service delivery due to circumstances such as, including but not limited to, unavailability of parts, excessive rust, unusually tight nuts and bolts, other circumstances beyond management control, and agrees to not hold Automen responsible for delay in service delivery due to such circumstances. In the event the delay is due to the unavailability of parts and the service activity does not come under the purview of non-conforming services, Automen agrees to schedule the replacement of the part upon its availability at the convenience of the customer. In the event delay in service delivery is due to delay in arrival of service team beyond the pit stop, Automen agrees to reschedule the service at the convenience of the customer and provide a waiver on the convenience fee to the customer as per P&P. In the event the delay is due to unavailability of the customer/ customer’s car beyond the Pit Stop, the customer understands that Automen may be forced to reschedule the appointment and agrees to pay Automen the convenience fee as per P&P.
3.6 Service Inspection: While proper care is taken towards unintentional damage to the customer car during delivery of services and safety against loss of property, customer is responsible for inspecting the car at defined intervals as per P&P for verifying existing damage and securing personal property.
3.6.1 Exterior: Customer agrees that the exterior inspection undertaken by the service team for documenting existing wear & tear of the car, including but not limited to scratches, dents, major damage and broken/ lost parts is accurate and agrees to not hold Automen responsible for such existing wear & tear of the customer car.
3.6.2 Interior: Customer agrees that the interior inspection undertaken by the service team for documenting customer’s property in the car, including but not limited to jack, spare wheel, tool kit, car cover, reflector, pen drive and lighter is accurate. The customer agrees to take in his/ her possession any personal property and not hold Automen responsible for loss of such property.
3.6.3 Road Test: Customer voluntarily allows the service team to undertake a road test of the customer’s car along with the customer on board the vehicle to enable the service team to assess the condition of the customer car. Customer understands that the service team takes reasonable care of the customer car during the road test, however, in the event of damage to the vehicle due to, including but not limited to, accidents and/ or other mishap, customer agrees not to hold the service team responsible for the same. Customer agrees to repair his/ her car under the insurance policy drawn by the customer or in the absence of an insurance policy the customer agrees to bear the cost of such repair. Customer has the right to refuse a road test, but understands that in such an event, Automen cannot guarantee the quality/ comprehensiveness of services.
3.6.4 Service Completion: Customer agrees to inspect his/ her car upon completion of services for any unintentional damage to the car by the service team and the quality of services rendered to the customer. Customer agrees to raise any concerns/ dissatisfaction on the service levels at the time of service completion. Automen shall not be held responsible for the car of the customer, including but not limited to exterior damage and loss of property.
3.7 Service Cancellation: Customer has the right to stop the service being undertaken by the service team at anytime during the service procedure provided ongoing service procedures are complete. The customer agrees that such cancellation is at his/ her risk and will not hold Automen responsible for any damage to the car and agrees to pay Automen an amount commensurate with the nature and extent of services rendered.
3.8 Payment: Customer agrees to pay Automen the service fee as per P&P, upon completion of the scope of work, through demand draft, cheque, cash and credit/ debit card.
3.9 Disposal of Old Parts & Fluids: In the event parts are changed in the customer’s vehicle, the customer agrees to collect old spare parts from the service team. In the event the customer does not collect old spare parts from the service team, Automen has the right to dispose the old part and shall not be held responsible thereafter. In addition, Automen follows strict procedures to dispose off fluids drained out from the customer’s car. In the event fluids such as, including but not limited to, engine oil, brake oil, differential oil, transmission oil and power steering oil are drained out from the customer’s vehicle, Automen reserves the right to dispose the fluids as per P&P.
4.1 Management Discretion: Management reserves the undisputed right to suspend, cancel, discontinue or modify any or all services, solutions, procedures, approaches or activities of Automen. Any customer availing the services of Automen shall not bind Automen.
4.2 Management Liability: Nothing contained hereinabove shall be construed in a manner so as to constitute any representation or warranty on or behalf of Automen. Automen gives no warranty and makes no representation whether expressed or implied, that information presented/ disclosed, pertaining to the benefits of availing Automen services shall culminate into accrual of benefits. Automen shall not be responsible or liable for any consequential damages arising on account of any third party/ customer relying on the information presented/ disclosed by Automen. Before relying on the information, customer should independently verify its relevance for his/ her purposes, and should obtain any appropriate professional advice.
4.3 Intellectual Property: Customer understands and agrees that any technical achievements including, but not limited to, processes, products and methods related to the businesses, solutions and services of Automen that are contemplated, developed and accomplished by rendering services to a customer, shall be deemed the technical achievement of Automen and the absolute property and all the corresponding rights including, but not limited to, intellectual property rights shall belong solely to Automen.
4.4 Customer Communication: Customer understands and agrees that Automen shall be corresponding/ communicating with the customer for official purposes as and when required. Such coordination shall be undertaken through various communication channels including, but not limited to, telephone calls on the landline and personal/ official cell phone, short messaging service (SMS), e-mails and post mail. Customer hereby authorizes the management to communicate with him/ her through such communication channels on the numbers and addresses provided by the customer. Customer also authorizes Automen to contact him/ her on telephone/ cell phone number(s) that may be registered with the National Do Not Call Registry of India. Management undertakes that it shall not disclose confidential information of the customer to any unauthorized party/ personnel.
4.4 Effects Beyond Management Control: Automen shall not be responsible or liable for not performing any obligation or undertaking given to the customer, if such performance is prevented, delayed or hindered by an act of God, fire, flood, explosion, rain, earthquake, war, riot, terrorist act, sabotage, inability to procure or general shortage of energy, labor, equipment, facilities, material or supplies, due to enactment of any law or issue of any directive by any government or public authority or by a competent court or any other cause not within the control of the management. Automen and management are further absolved from any liability towards a customer arising from any act beyond the control of the management.
4.5 STC Not Exhaustive: STC as mentioned in this SEF or the P&P framed by Automen are not exhaustive and the management shall have the sole discretion to add, amend, delete or update them from time to time; and all such additions, amendments may be notified to the customer.
4.6 Arbitration: Customer agrees and undertakes that any difference or dispute that may arise by and between the customer and Automen shall be resolved as far as possible through mutual negotiations, failing which the matter would be refereed to arbitration. A sole arbitrator appointed by the management shall conduct arbitration. The arbitration shall proceed in accordance with the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be New Delhi. The Laws of India shall govern the signing, validity, explanation and implementation of the STC hereinabove.