BUSINESS TERMS AND CONDITIONS

MAHLE Engine Components India Pvt. Ltd., a company incorporated in the Republic of India and having its registered office situated at Plot no. 9, 10 and 11, Sector 3, Industrial Area, Kheda, Dist. Dhar, Pithampur – 454775 (hereinafter referred to as “MAHLE”, which expression shall, unless repugnant to the context thereof mean and include its successors and permitted assigns).

MAHLE Engine Components India Pvt. Ltd., a company incorporated in the Republic of India and having its registered office situated at Iris Tech Park, 207, 2nd Floor, Sector 48, Sohna Road, Gurugram, Gurugram, Haryana,– 122001 (hereinafter referred to as “MAHLE”, which expression shall, unless repugnant to the context thereof mean and include its successors and permitted assigns).

OBLIGATION OF THE DEALER

1.1 Dealer agrees that he/she shall use its best efforts to promote the sale of Products and shall solicit orders for sale of Products towards end customers / retailers as well as automobile engine workshop in the assigned Territory.

1.2 Your dealership appointment is non-exclusive and MAHLE is free to appoint or seek to appoint any retailer or dealer in the Territory based on its business requirements.

1.3 Dealer shall facilitate and allow MAHLE local sales officer(s) / Regional manager to do promotional activities including but not limited to bringing re-borers / mechanics to their shop to showcase the Product range at all times to support dealer sales.

1.4 Being authorized dealer, it is your prime responsibility to encash Fitment coupon from Reborer / Mechanic.

PRICING & PAYMENT TERMS

2.1 Dealer refer MAHLE GST based Maximum retail price. MAHLE reserves the rights to change the part number and revise prices at any time without any further notice subject to price and conditions exists at the time of delivery. However, such changes would also be communicated by MAHLE to the dealer through circulars.

2.2 The payment of the target achieved bonus will be made by MAHLE on quarterly basis in addition to any price support declared from time to time. The definition of the Tod (Turnover Discount), Tab (Target Achievement Bonus), ATOD ( Additional Turnover Discount), Price Support or incentive’s amount and its structure will be decided at MAHLE’s own discretion. All such incentives will be computed on Ex-works price.

2.3 All scheme discounts, commitments etc., given by MAHLE will remain valid only when they is a written communication from Head – Sales. Any commitment given verbally by its Regional manager or field sales staff will not be acceptable to MAHLE (No verbal claim will be acceptable).

2.4 Fitment coupon with handling charges will also be settled through credit note. Company will have the right to hold or adjust Incentive, TOD, Price Support or any other payable against any outstanding payment or C form liability against earlier sales from you. No deduction on payment to MAHLE by the dealer is allowed. MAHLE shall settle its liability to the dealer towards coupon, TOD, Price Support separately through Electronic Transfer to the dealer bank account. MAHLE will send credit notes and payment advises to the dealer from time to time.

2.5 All coupons are to be scanned by the dealer on MAHLE Web-portal to get redemption and should not be sent to HO without prior approval. Coupons once scanned on the MAHLE Web-portal, dealer owns the responsibility to scrap them.

2.6 Dealer will be eligible to get cash discount @ 1.5% on GST billing price with payment terms through 15 days Posted cheque from the date of delivery. Transporter are authorized to collected PDC against delivery. No cash payment should be made to any representative of MAHLE.

2.7 In case of dis-honor of cheque, Cash discount will be reversed and debited in your account along with Rs.1000/- towards bank charges. In case of subsequent three cheque bounces facility of credit limit would be withdrawn and all further dispatches would be changed on 100% advance payment.

2.8 In order to have transparency in business transactions, MAHLE follow the practice to send account statement in every 6 months. Discrepancy if any will need to be made known to the MAHLE immediately.

BUSINESS TERMS

3.1 Your minimum monthly business will be considered as agreed at the time of dealership appointment process/form.

3.2 MAHLE shall issue monthly or quarterly business targets to the dealer. This will be communicated through detailed letter from MAHLE addressed to the dealer.

3.3 MAHLE has reserve the right to terminate the dealership, in case of absence of consistency of monthly business, non-payment of overdue for more than one month,creating price competition and other matters which affect MAHLE business.

COMMITMENT TO STOCK

4.1 Dealer will ensure sufficient stock of all product to serve the trade requirement in his territory.

4.2 Dealer will make all efforts to achieve given sales targets by MAHLE.

WARRANTY POLICY

5.1 All PRODUCTS are covered by MAHLE’s general warranty policy MAHLE will replace free of charge the defective parts only if dealer clearly demonstrates that the cause of the problem is a production defect or pre-fitment defect.

5.2 MAHLE exclusively answers to claims of the dealer raised according to warranty terms. Under no other circumstance MAHLE will be subject to any incidental, consequential or indirect damage whatsoever with respect to claims made by any purchaser or user of the PRODUCT.

5.3 The dealer will return no material under pre or post warranty, unless there is a written approval from the MAHLE. MAHLE will organize return transportation and based on inspection report and condition of the product credit will be given. Any expense towards repair or taxes related loss will be paid by the dealer. In case of pre-fitment claim, fitment coupon should also be sent back to us otherwise relevant coupon value would be deducted.

OTHER TERMS & CONDITIONS

6.1 Order processing time would be 7 days from the date of receipt of confirmed order duly served in prescribed format. Order will be executed based on availability of goods and on the basis of first cum first basis. The cut-of date for order processing would be 25th of every month.

6.2 The Minimum order value should not be less than Rs.50000/- (excluding GST/taxes) to execute.

6.3 All goods would be delivered on freight paid and insurance paid. The dealer has to inform the MAHLE within 7 days from the date of receiving the materials in case of any defect/transit damage. Any claim/claims for the defect/transit damage will not be accepted by the MAHLE thereafter.

6.4 Dealer will not register trademarks, brand names or other symbols of MAHLE (or names or symbols which are similar to those of MAHLE) either within or outside of the Territory in his own name or any other name. Dealer may, however, use such names or symbols, but only within the scope and only in the best interests of MAHLE and furthermore only with the prior written consent of MAHLE. The right of dealer to make use of such names and symbols expires as soon as the business association ends.

7 COMPLIANCE

7.1 Dealer hereby agrees and certifies that neither it, nor any of its directors, officers, agents, affiliates, sub-channels, authorized partners or employees shall, in relation to any matter in connection with:

a) Commit any commercial bribery or make any other unlawful payment
b) Discuss or enter into any price-fixing activities (horizontal or vertical cartels)
c) Violate any applicable export control, money laundering or anti-terrorism laws or regulations of the jurisdiction of the governing law or any other jurisdiction, nor will any of them otherwise take any action which would cause MHALE or the dealer to be in violation of any applicable laws or regulations;
d) The items and any replica thereof will be re-exported/exported or otherwise nationally or internationally re-sold or transferred to a destination subject to UN, EU or OSCE embargo where that act would be in breach of the terms of that embargo.

8 JURISDICTION

8.1 All transactions with the MAHLE shall be subject to DELHI/NCR Jurisdiction.