Automobile warranty Membership Contract Agreement

This Automobile warranty Membership Contract Agreement (hereinafter referred to as "Agreement") is entered into between  the KIM People Limited DBA Mr.KIM, a provider of Automobile warranty membership services (hereinafter referred to as "Automobile warranty"), and the member (hereinafter referred to as "Member") on this [Date].

This Automobile warranty membership contract  Agreement constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and The KIM People Limited DBA Mr.KIM, and concerning your access to and use of the membership services. You agree that by accessing the Automobile warranty membership contract agreement, you have read, understood, and agreed to be bound by all the Automobile warranty membership contract agreement HEREIN. IF YOU DO NOT AGREE WITH ALL the Automobile warranty membrship contract agreement HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MEMBERSHIP SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please read this Agreement carefully

1. Membership Coverage:

1. Mr.KIM warranty agrees to provide Automobile warranty membership services to the Member as per the selected membership plan outlined in this Agreement subject to the terms and conditions mentioned herein-

2. Types of Membership plan coverage.

1. Basic Warranty Membership-

1. The membership amount will be Ksh 8,000 Per month or Ksh 96,000 annually
2. Coverage Details

• Tire repair
• Windshield
• Side mirror

2. Silver Warranty Membership-

1. The membership amount fee will be Ksh 10,000 per month or Ksh 100,000 annually.
2. Coverage Details

• Tire repair
• Rim repair
• Windshield
• Side mirror
• Lights
• Fuse repair

3. Platinum Warranty Membership-

1. The membership amount fee will be Ksh 13,000  per month or Ksh156,000 annually
2. Coverage Details

• Tire repair
• Rim repair
• Windshield
• Side mirror
• Fuse repair
• Headlight and break light repair
• Towing Services
• Side Mirror repair
• Oil leak repair
• Light mechanical repairs- breaks, alternator

NOTE:

1. Transmission, engine work and accidents are not covered by any membership.
2. There will be a service fee of Ksh 2000 for the technician to come out. If the cover item(s) repair is decline, Mr.KIM retain the Ksh 2000. If the covered item (s) is repaired, Ksh 2000 will be deducted from the final bill.

3. Membership Fee and Payment:

1. The Member agrees to pay the membership fee as specified in the selected membership plan.
2. Payment shall be made by the Member in advance, either as a lump sum or in monthly installments, as agreed upon during the enrollment process.
3. Mr.KIM reserves the right to review and revise the membership fee, subject to prior notice to the Member.

4. Eligibility and Enrollment:

1. Membership is open to individuals who meet the eligibility criteria set by Mr.KIM
2. The Member agrees to provide accurate and up-to-date information during the enrollment process.
3. Mr. KIM reserves the right to verify the provided information and reject or cancel the membership if any false or misleading information is found.

5. Term and Renewal:

1. All membership plan coverage Term will be for 12 months.
2. This Agreement shall commence on the date of enrollment and remain in effect for the selected membership term.
3. If you have paid membership Plan (e.g., Basic, Silver or Platinum), Mr.KIM will automatically renew your Plan for one year at the Membership Fee for the Plan (Mr. Kim reserves the right  to modify the Membership) using the MPesa, credit card, debit card or other payment information on file with Mr.KIM. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Mr.KIM). Except as otherwise required by applicable law, you agree that Mr.KIM will not provide you with any notices prior to each annual renewal payment.
4. The membership can be cancelled by giving Mr.KIM a Sixty (60) day notice before the expiration of the membership. Once the notice has been received the membership will be cancelled.
5. If the member decide to cancel the membership subscription before the contract term is up, the member will be billed for the remainder months of the term.
6. You acknowledge that Mr.KIM reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by MPesa, wire transfer, credit card, debit card, or PayPal.

Note: Members are not entitled to refunds of their Membership Fee under any other circumstances

6. Claims Process:

1. In the event of member’s needs of services or need repairs, the Member must contact Mr. KIM support team as soon as possible to initiate the claims process.
2. Mr.KIM support staff will guide the Member through the claims process, including arranging for authorized repairs, subject to the terms and limitations specified in the membership plan.

7. Limitations and Exclusions:

1. Certain limitations and exclusions may apply to the coverage provided under this Agreement, as outlined in the membership plan and terms and conditions.
2.  Mr.KIM  reserves the right to deny or limit coverage for pre-existing conditions, wear and tear, certain components, and other specified circumstances.

8. Automobile Warranty agreement does not cover the following:-

1.  Repairs performed without prior authorization
2.  Normal wear and tear or damage caused by improper use, neglect, or lack of proper maintenance as outlined in the Boda Boda's user manual;
3. Damage resulting from accidents, collisions, or acts of nature;
4. Modifications or alterations made to the automobile without prior written consent from the Manufacturer;
5. Damage caused by non-genuine parts or unauthorized repairs;
6. Damage or defects caused by improper fuel, fluids, or lubricants;
7. Any repairs or replacements beyond the scope of the original manufacturing defects.
8. Pre-existing conditions
1. Environmental damage, theft, or vandalism
10. Automobile alterations or modifications
11. Misuse of the Automobile (racing or off-roading)
50. Misuse, abuse, or mistreatment
1000. manufacturer’s improper design, improper materials or formulations, a defective manufacturing process, or other manufacturing defects.
14. Accidents, fire, freezing, water damage, automobile electrical failure, or surge, or  and  inadequate  maintenance.

9. Owner's Responsibilities: the owner of automobile is responsible for:

1. Proper maintenance of the automobile as outlined in the automobile's user manual, including regular servicing, fluid changes, and tire rotations;
2. Promptly reporting any issues or defects covered by this warranty to the Manufacturer or authorized Dealer;
3. Providing access to the automobile for inspection and repair by the Manufacturer or authorized Dealer.

10. Termination:

1. Either party may terminate this Agreement upon providing 60 days written notice to the other party.
2. Mr.KIM reserves the right to terminate the membership immediately if the Member violates the terms and conditions of this Agreement.
3. Mr.KIM reserve the right to cancel the membership agreement for nonpayment of contract fees  or other breach of this contract by the customer
4. Mr.KIM reserve the right to cancel the membership due to fraud or misrepresentation by the customer and/or customer representative of facts material to Mr.KIM, its affiliates and subsidiaries issuance of this membership contract

11. General Limited of liability

1. Mr.KIM will not be liable for any violations of state and local  laws, regulations, or guidelines prior to the beginning of the contract term and will not perform repairs or replacements that violate any current state and local laws, regulations, or guidelines.
2. Mr.KIM's liability under this warranty is limited to the cost of rectifying the defective workmanship or materials. In no event shall Mr.KIM be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the Services, whether based on contract, tort, negligence, strict liability, or otherwise.

12. Governing Law and Jurisdiction:

1. This Agreement shall be governed by and interpreted in accordance with the laws of Kenya.
2. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Kenya

13. Dispute Remedy

1. Any claim, dispute, or controversy, regarding any contract, tort, statute or otherwise (“ claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one of the following means:

1. Either party may seek  binding arbitration by one arbitrator administered by the Chartered Institute of Arbitrators (CIArb)(Kenya Branch) under the CIArb consumer rules in effect at the time the claim is filed

2. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.

14. Class Action Waiver

1. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class customer in any purported class, collective, representative, multiple-plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION.

15. Entire Agreement:

1. This Agreement constitutes the entire understanding between Mr.KIM and the Member and supersedes any prior agreements, written or verbal, relating to the subject matter herein.

Please read this Agreement carefully. By engaging our Services, you acknowledge that you have read, understood, and agreed to the terms and conditions set forth in this Home Warranty Agreement.