Terms & Conditions

HIRE AGREEMENT

This Hire Agreement (‘this Agreement’) is made and executed at Mumbai

BY AND BETWEEN

RASCHINE INVESTMENT AND LEASING PVT. LTD., a private limited company incorporated under the Companies Act, 1956, and having its registered office at Floor 6, Plot 212, 605, Tulsiani Chambers, Free Press Journal Marg, Mumbai, Maharashtra 400021, hereinafter referred to as the “Company” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART;

AND

An individual hiring the Electric Scooter hereinafter referred to as the “Renter”(which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART;

The “Company” and the “Renter” are hereinafter individually/severally referred to as “a Party” and jointly referred to as “the Parties”.

WHEREAS:

  1. The Company is in the business of renting out or a temporary fixed term basis four wheelers and two wheelers of different makes and capacities to third party / persons.

  2. The Renter has approached Company to provide Electric scooter of Low speed with swappable Battery service to the Renter on hire basis which the Company has agreed on the terms and conditions stipulated in this Agreement.

  3. The details of the vehicle and the registration number, chassis number, make etc, provided to the Renter is more particularly described in the plan selected and availability. The Low Speed Electric Scooter with Swappable Battery Service is hereinafter referred to as “the said Vehicle”.

NOW THEREFORE THIS AGREEMENT WITNESSES AND IN CONSIDERATION OF THE PREMISES, MUTUAL PROMISES, COVENANTS, AND WARRANTIES SET FORTH HEREINAFTER, IT IS MUTUALLY AGREED AND DECLARED BY AND BETWEEN THE PARTIES AS UNDER:

  1. TERMS

    1. The Company agrees to give on hire and the Renter agrees to take on hire the said vehicle from the date of execution of this Agreement on the terms and conditions mentioned herein.

    2. The Renter has inspected the said vehicle and is accepted to be in a good working or running condition and the Renter has taken the possession thereof.

    3. The period of hire is for 1 years from the date of execution of this Agreement subject to the Agreement being terminated as hereinafter provided.

  2. SECURITY DEPOSIT

  1. In consideration of the hire of the said Vehicle, the Renter shall pay to the Company a sum as mentioned in the plan selected of refundable interest free Security Deposit simultaneously with the execution of this Agreement.

  2. The Security Deposit shall be refunded after 2 (two) weeks to the Renter subject to payment and adjustment of all dues and / or damages to the Company including taxes deducted at source to be deposited with the concerned authorities, if any and upon the return of the said Vehicle.

  3. In the event Renter fails to make payment of all dues to Company, including the TDS payable, if any, and/or directs Company to deduct the dues and/ or damages from the Security Deposit, the Company shall be entitled to deduct the amounts payable from the Security Deposit and with interest at 18% p.a. and penalty thereon and interest on delayed payment.

  4. The Company shall also be entitled to deduct such amounts from the Security Deposit as may be payable by the Renter for repairs towards any damage, dents, accidents, collisions, wear and tear and fuel / battery charging costs as shall be determined by the Company at the time of expiry of this Agreement or return of the said vehicle by the Renter to the Company. The Final verdict and decision of the Company towards the nature of the damage and the costs thereto shall be final and binding on the Renter and the Renter shall not be liable for the same in any manner whatsoever.

  5. In addition to the aforesaid, the Company shall also be liable to deduct and adjust from the Security Deposit all fines / penalties / charges that may be imposed by the Police for any traffic violations or for any breach of the road safety rules and regulations by the Renter.

  1. HIRE CHARGES

The Renter shall pay as and by way of hire charges every week in advance on or before the 1st Tuesday of every week calendar week a sum as mentioned in the selected plan as and by way of an auto debit / transfer from his bank account.

The hire charges for the first week have been paid by the Renter to the Company simultaneously on execution of this Agreement and the Company acknowledges the receipt of the same.

  1. TAXES

    1. Parties agree that all applicable taxes shall be borne and paid by the Renter. The amounts payable hereunder shall be subject to tax deducted at source as applicable under the Income Tax Act, 1961, if any.

    2. In due compliance of its obligations, Company shall remit the GST so charged (if any), to the appropriate government authority and file GST returns as prescribed, within the statutory timelines, mentioning all appropriate and relevant information on GSTIN platform, which enables Renter to claim timely credit of GST in the appropriate GST registration. The Company shall raise proper tax invoice (or any other similar document by whatever name called) for the Hire Charges and applicable GST, in compliance with applicable indirect tax law in India containing all prescribed details required to be present on such document under applicable law to enable the Renter to avail input tax credit of such indirect taxes.

  2. COMPANY BRANDING

The Renter agrees that the said Vehicle shall mention the name of the Company and the same shall not be removed at any point of time during the term of this Agreement or till handing over of the said Vehicle whichever is earlier.

  1. REPRESENTATIONS, WARRANTIES AND COVENANTS

    1. By Renter:

      1. The Renter has inspected the said Vehicle and is satisfied with the condition of the same.

      2. The Renter has a valid and duly issued driver’s license if applicable to run and operate the said Vehicle legal on the roads of Maharashtra / India and the Renter shall ensure that save and except the Renter no other persons shall utilize the said Vehicle in any manner whatsoever.

      3. The Renter shall ensure that the said Vehicle battery is swapped with relevant swappable battery and all usage and safety guidelines are complied with without any breach thereof in any manner whatsoever.

      4. The Renter shall not in any manner whatsoever directly or indirectly cause any damage to the said Vehicle or Battery and shall use the said Vehicle with all care a prudent man would do and keep the same in good condition and running order.

      5. The Renter acknowledge, understand and agree that the said Vehicle shall not be used for any illegal activities and shall be strictly be used for the purposes that it is given on hire under this Agreement. The Renter shall not carry or transport through the said Vehicle any smuggled or otherwise objectionable goods.

      6. The Renter shall be solely responsible for any loss, damage, theft of any of the spare parts of the said Vehicle. If, as a result of any accident, the said Vehicle is damaged in any manner whatsoever, the Renter alone shall be liable to bear the costs and expenses for having the same repaired. The Renter shall immediately inform the Company about the accident and return the vehicle to the Company to enable the Company to undertake its repairs.

In any event, the aggregate liability of Company in respect of any loss or damage of any nature whatsoever suffered and arising out of or in connection with the above shall not exceed Rs. 100/- ( Rupees One Hundred Only).

  1. The Renter and its personnel using the said Vehicle shall ensure that all rules and regulation for driving the said Vehicle are complied with to the letter without any breach thereof. The Renter shall Not take the said Vehicle outside Mumbai, Maharashtra.

  2. The Renter shall ensure that all the safety measures and precautions are in compliance with the motor vehicle and traffic laws, rules and regulations which are in force and shall not commit any breach thereof.

  3. The Renter has fully and fairly represented the purpose for which the said Vehicle is required. Any misrepresentations may result in cancellation of this Agreement at any time. In the above situation the Renter will not be eligible for any refund of the Security Deposit and Hire Charges paid in advance, if any.

  4. Under no circumstances shall the Renter sub-let or further permit any third party to hire the said Vehicle/Battery or transfer the said Vehicle/Battery by way of sale or by hypothecation, pledge or otherwise or part with possession thereof in any manner whatsoever. The permission to use the said Vehicle is personal to the Renter and the Renter is not permitted to sub-let or further offer or otherwise the said Vehicle to any third party. The breach of this clause in any way shall be a material breach and the Agreement shall automatically stand terminated forthwith without any recourse to the Renter. The Security Deposit and Hire Charges paid shall stand forfeited. Without prejudice to the above, the Company shall be entitled to claim damages which may extend to four times the aggregate of the Security Deposit and the Hire charges without prejudice to any other remedies as may be available to it from time to time.

  5. The Renter shall keep the Company informed about the movements of the said Vehicle from time to time. The Renter shall ensure that the Global Positioning System (GPS) installed in the Vehicle is not be disabled in any manner whatsoever either by the Renter or by any third parties with or without the knowledge of the Company.

  6. The Renter shall allow the Company or its representatives to take inspection of the said Vehicle at any time or place at the request of the Company.

  7. The Renter shall be liable to pay fines, penalties, charges, challans levied for any traffic violation under the motor vehicle and traffic laws, rules and regulations which are in force from time to time.

  8. The Renter shall ensure that no baskets / racks / brackets or any removable or permanent accessories of any nature are attached on the said Vehicle and is to be used as per the terms of this Agreement only.

  9. The Renter shall ensure that after the completion of the Agreement he shall handover peaceful possession of the said Vehicle at the same location where the Vehicle had been picked up from subject to any change in the location which shall be informed by the Company to the Renter.

6.2 By Company:

6.2.1 The said Vehicle has been properly maintained and is in good condition, free of defects and fit for Renter’s intended purposes.

6.2.2 Upon the Renter carrying out its obligations hereunder, including the obligation to pay and discharge the Hire Charges as aforesaid, COMPANY shall not interfere with or disturb the use by the Renter of the said Vehicle.

INDEMNITY

The Renter shall indemnify and keep indemnified the Company against all claims for damages or loss due to accident or otherwise either to the said Vehicle or to any other vehicle or person or persons and against all costs, charges and expenses on account of such claims incurred or suffered by the Company.

OWNERSHIP OF THE VEHICLE

It is agreed that the ownership of the Vehicle shall be of the Company at all times. The said Vehicle shall remain the same name in which it is registered and registration will not be changed at any time whatsoever. It is clarified that the Renter is merely renting the said Vehicle for the time period as stipulated herein and has no right, title or interest of any nature whatsoever as regards the said Vehicle.

GOVERNING LAW

This Agreement shall be interpreted, construed and governed by the laws of India as applicable to the State of Maharashtra.

DISPUTE RESOLUTION AND JURISDICTION

  1. Any dispute arising between the Parties under this Agreement, including, but not limited to dispute as to its existence, validity of any provisions, enforcement of the rights and obligations of the Parties or any matters incidental thereto (“Dispute”), shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time or any statutory re-enactment thereof.

  2. The arbitral panel shall comprise a sole arbitrator to be mutually appointed by the Parties. All proceedings shall be conducted in English. The venue and seat of the arbitration shall be at Mumbai. The decision of the arbitrator shall be final and binding on the Parties.

  3. Subject to provisions pertaining to arbitration as specified above being the mode of dispute resolution, the Courts at Mumbai shall have exclusive jurisdiction to try and or entertain any disputes between the Parties including any interim applications under Section 9 and/or Section 11 of the Arbitration and Conciliation Act, 1996, arising in the course of arbitration.

TERMINATION

  1. In the event the Renter defaults in payment of the monthly Hire Charges on the due date thereof as provided hereinabove or if the Renter is in breach of any terms, conditions, representations, warrants and covenants herein or if there are any proceedings in the Court for liquidation or otherwise or the said Vehicle is attached by the Court or any authority the Company shall be entitled to terminate this Agreement and upon such termination it shall be entitled to forfeit the Security Deposit and the Renter shall not have any right or claim of any nature whatsoever against Company. Upon such termination the Renter shall forthwith handover the said Vehicle to the Company failing which the Company shall be entitled to take the possession through force or by way of such process and procedure that is available to them and the Renter shall be liable to pay all costs, charges and expenses incurred by the Company in respect thereof.

  2. If at the time of delivery or taking possession of the said Vehicle, if the said Vehicle is malfunctioning or not in perfect working condition or has suffered damages all the costs incurred by the Company in getting the Vehicle repaired and brought in running condition shall be payable by the Renter and the Renter hereby covenants to pay the same. If the said Vehicle is beyond repairs the Renter will not be eligible for any refund of the Security Deposit. In the event the Security Deposit is insufficient to meet the costs and expenses for the repairs / replacement of the said Vehicle, then in that event the Renter shall be liable to pay such amount as demanded by the Company for the repair / replacement of the said Vehicle.

NOTICES

  1. Each notice, demand or other communication sought to be given or made under this Agreement shall be in writing and delivered or sent to the relevant Party at its address set out hereinabove (or such other address as the addressee has by five (5) Business Days' prior written notice specified to the other Party).

  2. Any notice, demand or other communication addressed to a Party shall be deemed to have been delivered:

  1. if delivered in person or by courier, when proof of delivery is obtained by the delivering party; and

(b) if sent by registered post, on the seventh day following posting.

REFUNDS AND CANCELLATIONS

We reserve the right to unilaterally cancel an order placed by you at any time if we reasonably suspect that you are in breach of any of these Terms. We will refund in full any payment you have already made.

There may be certain orders that GreenBolt cannot accept, and therefore, we reserve the right, at our sole discretion, to cancel any order. Some reasons may include errors in pricing, certain issues identified by our fraud avoidance department or any order placed using a technological glitch/loophole, etc. We will notify you in case your order has been canceled fully or partially or if any additional information is required.

Refunds shall be effected only in case of receipt of defective product/s received by you. If there is any defective product received through an order placed on GreenBolt app, you shall be required to get in touch with GreenBolt via phone, WhatsApp chat, highlighting the problem. You shall not take to social media, including but not restricted to your personal Facebook, Instagram, YouTube, or any other social media platform and whatever other social media accounts available disparaging the image of GreenBolt brand by posting images or writing content about the defective product. In any case, you shall write to GreenBolt at support@greenbolt.in and not take to any social media platform/s as referred to above.

Refunds of defective products (defective from source point of GreenBolt hubs only) are processed on a best effort basis from the date on which Greenbolt cancels the order. In case of prepaid orders through Credit Card, Debit Card, UPI or Net Banking, the amount will be transferred back to the account from which it was paid. In the case of Cash orders, a refund will be issued to your bank account in favor of the “Billing Name” used while placing the order or an NEFT/UPI transfer will be attempted. Please note that other additional charges like onboarding charges and processing charges (if applicable) are not refundable. Refunds in case of returns/cancellations will be processed within 10 business days after confirmation of receipt of EV from Greenbolt ground staff.

GENERAL

  1. Relationship: Nothing in this Agreement shall be construed as establishing or creating a relationship of an association of persons, master and servant, partnership, joint venture, principal and agent between the Parties hereto, and this Agreement is entered into strictly on a principal-to-principal basis.

  2. Taxes and Stamp Duty: The costs towards stamp duty and registration fees and all incidental costs and expenses in relation thereto including any tax on this Agreement, on the execution and registration of this Agreement shall be borne and paid by the Renter and under no circumstances Company shall be held liable for the same.

  3. Further Action: Each Party agrees to perform (or procure the performance of) all further acts and things (including the execution and delivery of, or procuring the execution and delivery of, all deeds and documents that may be required by Applicable Law or as may be necessary, required or advisable) as the other Party may reasonably require to effectively carry on the full intent and meaning of this Agreement and to complete the transactions contemplated hereunder.

  4. Amendments and Waiver: No modification or amendment to this Agreement and no waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing and duly executed by or on behalf of the Parties. The failure of a Party at any time to require performance of any obligation under this Agreement is not a waiver of that Party’s right: (a) to claim damages for breach of that obligation; and (b) at any other time to require performance of that or any other obligation under this Agreement, unless written notice to that effect is given by the Party purporting to make such waiver. Any such waiver shall be limited to the specific breach waived. Any waiver or acquiescence by any Party of any breach of any of the provisions of this Agreement shall not be construed as a waiver or acquiescence of any other right under or arising out of this Agreement, or of a subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in this Agreement.

  5. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, direct or collateral, express or implied.

  6. Severability: If any provision of this Agreement shall be found by court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement or part thereof is rendered void, illegal in any respect under any law, but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

  7. Non-exclusive Remedies: The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any Party may otherwise have at law or in equity. The rights and remedies of any Party based upon, arising out of or otherwise in respect of any inaccuracy or breach of any representation, warranty, covenant or agreement or failure to fulfill any condition shall in no way be limited by the fact that the act, omission, occurrence or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement as to which there is no inaccuracy or breach.

  8. Counterparts: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, and all such counterparts taken together shall be deemed to constitute one and the same instrument