1. Scope of Agreement
1.1 This Agreement governs the relations arising between “Customer” and “Company” while purchasing the products/goods by “Customer” at “Company”, providing the service, executing the warranty liabilities by “Company” and/or assigning a loyalty card by “Company” to “Customer”.
1.2 By signing this Agreement, “Customer” confirms that s/he is aware of the Agreement provisions in detail and hereby expresses the consent that the provisions contemplated herein shall apply in the case of purchasing any products and/or service of “Company” by “Customer”.
1.3 If the relations between “Customer” and “Company” are regulated under any other agreement, in the event of any discrepancies between the special provisions contemplated in other agreement and the provisions contemplated in this General Agreement, the special provisions prevail.
1.4 By signing this Agreement, “Customer” expresses the consent for his/her registration by “Company” in the Customers’ database of the Business Processes Management System (SAP) of “Company”. Such registration implies entry of the personal details of “Customer” given in this Agreement in the electronic system.
1.5. “Company” is entitled to amend this Agreement unilaterally from time to time and upload the relevant information in the “Company” web- site - https://www.tegetamotors.ge/.
2. A loyalty card of Company
2.1. Assigning a loyalty card of “Company” to “Customer” provides eligibility of “Customer”, in the case of submitting the card and proof of identity document of ‘Customer” or in the case of submitting only the proof of identity document of “Customer”, to take part in the deals announced by “Company” and get the products/goods within the frameworks of the mentioned deals and/or enjoy other rights contemplated in the procedures of assignment and use of a loyalty card. The proof of identity document of “Customer” is considered to be any document, issued on the basis of the laws of Georgia, where a first name, last name, personal number, photo of a person and the date of expire of the document are provided. The person being a citizen of other country and/or the person holding no Georgian citizenship has to submit the passport and the card.
2.2 By signing this Agreement, “Customer” confirms that s/he is aware of the rules and procedures regarding the assignment/cancelation of a card, change of its category and use of a card which are uploaded at the “Company” web-site in detail - - https://www.tegetamotors.ge/ and is a indivisible part of this Agreement. “Company” is entitled to make unilateral changes in the procedures of assignment of and using a loyalty card.
2.3 A loyalty card is assigned to a certain “Customer”, thereafter no assignment of a card to any other person by such “Customer” is allowed.
2.4 By signing this Agreement, “Customer” herewith confirms that s/he is aware of the terms of using a loyalty card.
3. Purchase of service
3.1 If applied by “Customer”, the contractual relations arise between “Customer” and “Company” whereas “Company” undertakes to provide a service.
3.2 “Company” provides a service to “Customer” through the goods owned by “Company” (which is purchased by “Customer” from „Company”) or the goods provided by “Customer” as agreed upon by the partoes.
3.3. If a service is provided through the goods provided by “Customer”, s/he is obliged to provide “Company” with these goods within 21 (twenty-one) calendar days after opening a service application.
3.4 If “Customer” failed to observe the timeframe contemplated herein in Paragraph 3.3. and failed to provide “Company” with the goods, “Company” is entitled to impose the demurrage charges contemplated in Sub-paragraph 3.7. of this Agreement.
3.5. “Company” undertakes no liability for the items left by “Customer” in the territory of “Company” (repair area, showroom, service, outdoor, etc/), including the items left in a vehicle.
3.6. “Company” bears no liability for safety and any damage/loss incurred to a vehicle parked in the territory of “Company” (repair area, showroom, service, outdoor, etc/), including those incurred due to natural events/force-majeure situations, such as: hail, inundation, earthquake, fire, etc.
3.7 After getting a service, “Customer” is obliged to unpark a vehicle from the “Company” territory immediately. If “Company” notifies “Customer” that the service is over and “Customer” fails to unpark the vehicle from the territory of “Company” within 3 (three) working days upon notification, “Company” is authorized to impose the demurrage charges for the territory owned by “Company” – amounted to 5 (five) GEL per 1 day-night (including VAT).
3.8. “Customer” is obliged to withdraw his or her replaced spare parts from the “ Company “ territory after getting the service and/or payment of the service price, and in the event of failure of “Customer” in execution of the mentioned liability, “Company” is entitled to dispose the replaced spare parts at its own discretion.
3.9. The parties herewith agree that “Customer” is entitled to submit a claim regarding the service provided by “Company” within 3 (three) calendar days after providing the service, “Customer” losses the right to submit a claim to “Company” upon expiration of such term.
3.10. In the case of failure in payment of the service price or the fee contemplated in Subparagraph 3.7. of this Agreement, the possessory pledge right set forth in the Civil Code of Georgia arises in favour of “Company” against the vehicle of “Customer” existed in the territory of “Company”.
3.11. If “Company” provides “Customer” with the service of dismantle/installation of a tire at the vehicle legally owned/used by “Customer”, on every factual situation, after a mileage of 50 km, as required by the manufacturer, “Customer” has to inspect the torque of wheel stud nut, in the case of failure to observe this liability, “Company” does not remain liable for any damage/loss incurred.
3.12. In the case of getting the service, “Company” is entitled to transfer a printout of the proof of service price payment document to “Customer” or electronically send a short text message to the phone number of “Customer” registered in the Customers’ database of “Company”. “Customer” is entitled to request the printout document in exchange for the electronic submission of the proof of payment document.
4. Purchase of goods
4.1 If applied by “Customer”, the contractual relations arise between “Customer” and “Company” whereas “Company” undertakes to transfer the requested goods to “Customer” in exchange of a certain price.
4.2 “Customer” is entitled to buy the goods of “Company” through any means offered by “Company”, including the “Company” service-center and/or shop, mobile service (on-site service), as well as online shop, at the web-site: https://shop.tegetamotors.ge/.
4.3 To purchase the goods, “Customer” chooses the goods desired for him/her and “Company” drafts an invoice thereafter.
4.4. In the case of purchase of goods, “Company” is entitled to transfer a printout of the proof of goods price payment document to “Customer” or electronically send a short text message to the phone number of “Customer” registered in the Customers’ database of “Company”. “Customer” is entitled to request the printout document in exchange for the electronic submission of the proof of payment document.
4.5 If any defects is detected to the purchased goods within 5 (five) days, “Customer” is obliged to give the immediate notification to “Company” with this regard.
5. Warranty terms
5.1 In the relations between “Customer” and “Company”, in the case of purchase of any goods and/or service, the detailed warranty terms are uploaded at the company website: https://www.tegetamotors.ge/. “Company” is authorized to change the warranty terms unilaterally at any time. Furthermore, the warranty applies to the goods used/installed at the “Company” service-center which are purchased at “Company”.
5.2. If the printout of proof of service/goods price payment document is issued to “Customer”, for taking advantage of the warranty terms on such goods/service, “Customer” has to provide the mentioned document to “Company”, otherwise no warranty terms shall apply to the purchased service/goods.
6. Personal details
6.1 By signing this Agreement, “Customer” authorizes “Company” to process his/her personal details in order to execute the contractual obligations/ provide the service, protect its interests by “Company”, for direct marketing and other purposes.
6.2 “Customer” hereby confirms that “Company” shall process the following personal details of “Customer”: personal number, birth date, sex, address, contact telephone number, e-mail address of “Customer”, information on a vehicle owned/used by “Customer”, in particular, make, model, date of produce, mileage, plate number, VIN code, engine type, engine capacity, engine serial number of a vehicle.
6.3 “Customer” authorizes “Company” to transfer the data of “Customer” to third persons, if there are any preconditions contemplated in the laws of Georgia. Also to transfer to the daughter companies of the Company or its affiliates for the purposes of providing services to the Customer/fulfilling its contractual obligations, protecting the interests of the Company, direct marketing and/or other lawful purposes.
6.4 By signing this Agreement, “Customer” hereby confirms that he/she is aware of his/her rights, in particular, regarding request the information on data processing, correction, update, adding, blocking, erase, delete of the data in processing the personal details or on termination of the data processing. “Customer” immediately applies to “Company” with this regard through e-mail, telephone call or sending the written notification to the legal address of “Company”.
6.5 If the "Customer" has been registered in the customers’ database of the Business Process Management System (SAP) of “Tegeta Motors” LLC (I/C: 202177205) before concluding this "Agreement", the "Customer" grants to the "Company" the right to request from “Tegeta Motors” LLC (I/C: 202177205) the personal data of the "”Customer”" referred to in Paragraph 6.2 of this Agreement, and grants the authority to “Tegeta Motors” LLC (I/C: 202177205) to provide the above information to the "Company", if requested by the Company.
7. Rule of communication between the parties
7.1 By signing this Agreement, “Customer” confirms the authorization of “Company” to execute communication with “Customer” via SMS, e-mail, telephone call or hardcopy notification.
7.2 “Company” is authorized to make changes at its discretion in the terms determined under this Agreement and uploaded at the web-site, and notify “Customer” with this regard in pursuance to the rule prescribed herein.
7.3 If an amendment made by the Company to this Agreement deteriorates the condition of the Customer, the Company has to notify the Customer thereof by any of the means specified in Paragraph 7.1 of this Article.
8. Conclusive provisions
8.1 This Agreement becomes effective upon signing and is valid for unlimited time.
8.2. The documents drawn up by “Company” while purchasing any goods and/or service of “Company” by “Customer” and secured in the Business Process’ Management System of “Company” (SAP) has legal force.
8.3 Upon signing this Agreement, any other agreement signed by and between the parties regarding the scope of this Agreement becomes invalid.
8.4 This Agreement is drawn up in 2 (two) copies of equal legal force, one for each party.