SCC Care Complete

SCC - Care Complete contract content (updated 7.3.2024)

TERMS AND CONDITIONS GOSAFE COMPLETE 01/2024 VER 1.2 - ANNEX TO THE SALES CONTRACT

1:

This is a maintenance agreement (hereinafter referred to as the "Agreement") for the vehicles of Fragus Warranty Finland Oy (business ID 2110577-6; hereinafter referred to as "Fragus"). The Contract includes the parts specified in clause 10 and the work involved in replacing them, as well as supplies in the event that the part specified in clause 10 breaks down during the Contract period. The limitations and responsibilities of the vehicle operator are set out in these Conditions of Contract. Clause 11 must be read with particular care.

2. VALIDITY AND MILEAGE LIMITATION AND AGE OF THE VEHICLE:

The time-based validity of the contract is indicated in the contract of sale. If the vehicle is still under factory warranty, the Contract will start when the factory warranty expires. The age of the vehicle is calculated from its first year of use.

3. THE EFFECT OF THE AGE AND MILEAGE OF THE VEHICLE ON THE RIGHT TO USE THE CONTRACT:

The right of use is valid up to a maximum of 200 000 km or until the vehicle reaches the age of 10 years. First criterion reached

(200 000 km or 10 years) terminates the right to use the contract, even if the contract period is still running.

4. THE CONDITION OF THE VEHICLE:

At the start of the contract, the vehicle must be in perfect condition and free of any defects. The vehicle must be of original construction, this restriction also applies to the programming of control devices. The vehicle must have a full maintenance history and be documented. Service intervals must not be exceeded by more than 10%, otherwise this may affect the handling of the case. The limitation applies to time and mileage. If misleading information has been provided about the condition of the vehicle or its maintenance history and does not comply with the terms and/or limitations of this Agreement, Fragus shall have the right to terminate this Agreement as stated in Section 6.

5. THE CUSTOMER'S RESPONSIBILITIES AND THE REGULATIONS GOVERNING THE USE OF THE VEHICLE:

The Customer is obliged to notify Fragus, info.fi@fragus.com, www.fragus.com/fi or +358 (0) 9 3487 3237 of any action taken under this Agreement. The Customer is obliged to keep the Vehicle in perfect and perfect condition and, to this end, the Customer must, inter alia, ensure the proper maintenance, storage, servicing and repair of the Vehicle in accordance with the instructions given by the Seller, Fragus or the importer of the Vehicle. The Customer is obliged to have the maintenance and repairs resulting from normal wear and tear in accordance with the Maintenance Schedule carried out by a repairer authorised by Fragus, preferably by the Seller's workshop ("Authorised Repairer"). If the Vehicle Maintenance Programme is not complied with, Fragus shall be entitled to terminate this Agreement in accordance with clause 6. Repairs not covered by this Agreement must also be carried out by the Customer at an Authorised Repairer. Fragus shall not be liable for measures which are not covered by this Agreement. The Customer is responsible for ensuring that the design, performance or intended use of the Vehicle has not been altered. When visiting an Authorised Repairer, the Customer must present the vehicle's service history and a copy of this Agreement and request the Authorised Repairer to contact Fragus before starting the repair work. Any work or repair carried out without the approval of Fragus is not covered by the Contract. The repair time must be booked immediately when the Customer discovers or should have discovered the need for repair of the Vehicle. Defects and/or repairs discovered or notified to Fragus after the termination of the Contract or before the commencement of the Contract are not covered by this Contract. If the damage or defect requires immediate repair or is likely to worsen, the Customer must immediately take the Vehicle to an Authorised Repairer for repair and notify Fragus. If the Customer has failed to notify Fragus of any defect in accordance with this Agreement, or it otherwise appears that the Customer has used the Vehicle contrary to the instructions of the Seller, Fragus, the Authorised Repairer or the importer of the Vehicle, or has failed in its duty of care under this Agreement, or has modified its design without the consent of Fragus, Fragus shall be entitled to terminate this Agreement immediately in accordance with clause 6.

6:

Fragus shall have the right to terminate this Agreement with immediate effect if:

- The Customer fails to carry out the normal maintenance and care of the Vehicle, uses the Vehicle for production, racing, speed or skill driving or otherwise in breach of this Agreement or the Vehicle Instruction Manual issued by the importer of the Vehicle;

- Fragus or an Authorised Repairer has reason to believe that the vehicle, its age, its mileage does not match the information provided to Fragus or the vehicle's service history is incomplete.

- Fragus or an Authorised Repairer has reason to believe that the vehicle's design or software has been modified.

In this case, Fragus is entitled to recover from the Customer the costs already paid under the Contract.

7. TERMINATION OF THE CONTRACT:

This Contract is for a fixed term and its duration is indicated in Section 2.

This Agreement is subject to the terms and conditions set out in paragraph 2. Upon termination of this Agreement either as stated in this Section 7, Section 2, Section 6 or Section 11, all obligations of Fragus under the Agreement shall terminate.

8. PERMANENCE OF RIGHTS:

The fact that Fragus in any particular case or in the past fails to exercise any of its rights under this Agreement shall not limit Fragus' right to subsequently invoke the terms of this Agreement in other cases.

9. ASSIGNMENT OF THE AGREEMENT:

Fragus shall be entitled to assign this Agreement and/or its rights and/or obligations under this Agreement to a third party without the express consent of the Client. The Client shall not be entitled to assign this Agreement or any rights or obligations under it to any third party without the consent of Fragus.

10. CONTENT OF THE AGREEMENT:

Where the Contract is in force and the Vehicle is less than 10 years old and the mileage is less than 200,000km at the time the fault or need for repair is notified to Fragus, the components of clauses 10.1 to 10.2 are covered in the event of their failure, excluding the measures/events described in clause 11, and the limitations.

10.1. MECHANICAL COMPONENTS

All mechanical components of the vehicle, excluding the measures/events described in point 11, and limitations.

10.2. ELECTRONIC COMPONENTS

All electronic components of the vehicle excluding the measures/events described in point 11, and limitations.

11. MEASURES AND COSTS NOT COVERED BY THE CONTRACT

Repairs and replacements of parts or components not specified in clause 10 of the Contract. , and defects, events or repairs/maintenance caused directly or indirectly by corrosion, fire, water damage, theft, accident, collision or other damage, lack of maintenance, breach of law, overheating, leakage, freezing, structural alteration of the vehicle, misuse, abuse, operator error or other external influence, and repairs caused by, or resulting from, deposits or other contamination, follow-up costs arising from failure to maintain or repair the vehicle, cleaning, washing, adjusting, lubricating, updating or programming, periodic maintenance and other normal maintenance as specified in the vehicle manual, measures resulting from wear and tear of friction surfaces, such as replacement of brake pads, discs, clutch plates, chassis, steering and suspension parts such as support arms, fittings, bushings, tyres, rims, tie rod ends, dog bones, stabilizer bars, shock absorbers, springs, tubes/hoses, seals, upholstery, interior panels, handles, hatches, cover plates, trim, moldings, body panels, glass, wiper blades, ignition or glow plugs, belts, their tensioners, cables, controls, timing belts or pulleys, bulbs (regardless of type), fuses, relays, and their boxes or housings are not covered by this Agreement. In the case of batteries, only technical defects of the traction battery are covered by this Contract. Reduction of its capacity is not covered by the Contract, nor are any other types of batteries. The Contract does not cover consequential damage caused by the failure of a component covered by the Contract, nor does it cover an event in which a non-Contractual factor or component causes the failure of a component covered by the Contract.

Any other costs or measures not expressly agreed to be within the scope of this Agreement are not covered by the Agreement. Product repairs, defects covered by factory warranties, insurance and similar liability, and repairs thereof, as well as maintenance/repairs that are required to be performed prior to the commencement of this Agreement are also not covered by the Agreement. Also, indirect costs/measures such as towage, accommodation, substitute car, transport, loss of earnings or similar are not included in this Contract.

The maximum amount of costs that may be charged to this Agreement is 10 000 €, including VAT, per year. Repairs will be carried out using spare parts and repair methods specified by Fragus.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by Finnish law. Any disputes arising from this Agreement shall be settled by the Helsinki District Court of First Instance.

13. PERSONAL DATA REGISTER

The register description is available at https://fragus.com/fi/tietosuojakaytanto-gdpr/. By activating this Agreement, the Customer gives its consent to the collection and storage of the information about itself as indicated in the register description and to the use of the information provided in accordance with the register description.

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