NIU RENTAL – TERMS AND CONDITIONS
These terms and conditions (“Conditions”) govern the rental and use of electric vehicles (including keys, parts and accessories, “Vehicle”), any additional items you rent (“Optional Extras”), the NIU rental app (“NIU Rental”), the website, and any related services provided by us, Niu Technologies Group Limited, or one or our authorized dealers (“Dealers”). These Conditions will be in conjunction with the a rental agreement to be signed between you and the Dealer (“Rental Agreement”) and, if requested, the additional report separate from the Vehicle condition summary that is included in your Rental Agreement, setting out the condition of the Vehicle at the time you take possession of it from the Dealer (“Vehicle Condition Report”). We reserve the right to amend these Conditions from time to time (including any administration fees that we are entitled to charge as set out in these Conditions) upon giving you not less than two weeks prior written notice.
Your User Account
To rent Vehicles, you will need to setup a user account on NIU Rental or our website. To setup a user account you will need to provide your first and last name, date of birth, email, phone number, driver’s license information, an ID, your address and payment information (if applicable) (as well as other requested information depending on the Vehicle). We may change the criteria for account registration without prior notice. Ownership of your user account will vest in us, and we retain the right to reclaim all user accounts due to our business needs. Only the user who setup a user account will have the right to use it. You shall not engage in any illegal or criminal activities by using NIU Rental or our services.
You are responsible for obtaining the data network access necessary to use NIU Rental and our services, and for updating and obtaining compatible hardware or devices to access and use NIU Rental and any updates. We do not guarantee that NIU Rental will function on any particular hardware or devices, and NIU Rental may malfunction or be subject to delays standard for Internet use and electronic communications.
You can use NIU Rental (and eventually our website) to locate available Vehicles, submit a request to rent a Vehicle from a given Dealer (“Booking”) and secure a reservation for the Rental Period (defined below) from the Dealer (“Reservation”). The Dealer reserves the right to accept or reject your Booking. When your Booking is accepted, you will receive a notification through NIU Rental (or our website or via email) that a Reservation has been secured.
Once you secure a Reservation through NIU Rental or our website, or by securing a Reservation at the Dealer, the Dealer shall use reasonable efforts to make a Vehicle available for you to rent according to the Reservation. In the unlikely event that the Dealer is not able to make a Vehicle available, the Dealer may offer you a comparable Vehicle, or cancel your Reservation if unavailable.
The acceptance of your Booking by a Dealer does not constitute any binding obligation on the Dealer to rent you a Vehicle or any Optional Extras. The Dealer will only rent a Vehicle to you if you:
come to collect the Vehicle from the Dealer (or take delivery of the Vehicle, where the Dealer delivers the Vehicle to you);
an original driver’s license, valid for the entire Rental Period and passport (with no visa exemptions for the period of 6 months before the end of the Rental Period) or ID card, each valid for a period of at least 3 months beyond the end of the Rental Period (“Required Documents”); and
a valid deposit or credit card approval has been made on your payment card, you have agreed the Vehicle Condition Report and the Dealer are satisfied that you meet our rental criteria and these Conditions.
Until you sign a Rental Agreement, provide the Required Documents and fulfill any other conditions required by the Dealer, the Dealer will have no obligations towards you.
When making your Booking, you are agreeing to pay, in full, the fees for renting the Vehicle and any Optional Extras (“Rental Fees”) applicable at the time of collecting / taking delivery of the Vehicle, and the security deposit at the time of collection/taking delivery of the Vehicle from the Dealer.
The Reservation may be changed up to 24 hours before the commencement of the scheduled Rental Period (“Reservation Change”) by canceling and rebooking. Where you request to make a Reservation Change, and the Reservation Change increases the Rental Fees payable by you, the Dealer will not charge you a rebooking fee. If the Reservation Change will result in a decrease in your Rental Fees, the Dealer reserves the right to charge you a rebooking fee of no more than the original Rental Fee.
Where you wish to cancel a Reservation (as opposed to making a Reservation Change), you may do this up to 24 hrs before the scheduled commencement of the Rental Period free of charge.
Rental Fees, Deposits and Payment
Once you have secured a Reservation, you will pay the Rental Fee in a one-time transaction directly to the Dealer at the start of the Rental Period. The payment method may vary depending upon the Dealer. Invoices and receipts will be provided by the Dealer once you make payment at the time of rental.
Rental Fees will be calculated based on: (a) the rental location; (b) the duration of the Rental Period; and (c) the type of Vehicle stated on your Rental Agreement. When you make a Booking and secure your Reservation, NIU Rental will provide a quote of the total Rental Fees expected to be payable for the Rental Period.
The Dealer will accept the following payment cards: Visa; EuroCard / MasterCard; we do not guarantee that the dealer will accept pre-paid debit cards or Visa Electron cards. Debit cards are accepted. You may only use a payment card that you are legally permitted to use. If we or the Dealer suspect that any information you provide is inaccurate, incomplete or fraudulent, then your account may be suspended or terminate and the Dealer may refuse to rent any Vehicles to you, until the issue is resolved.
Unless otherwise stated, the Rental Fees include the cost of vehicle tax, local taxes, third-party liability insurance, rental charge, collision damage waiver with excess breakdown assistance and, limited/unlimited mileage (depending on the application rate).
Prior to renting you a Vehicle, the Dealer will request that you provide the Required Documents to verify your identity and ensure that the Dealer gives the Vehicle to the person who made the Reservation. If you are unable to provide any of the Required Documents, the Dealer may refuse to rent the Vehicle to you. All drivers must have a valid driving license and any other required local documents for the class of Vehicle to be rented and adhere to any local policy related to age requirements for the duration of the Rental Period.
If you or anyone in your party is in the Dealer’s reasonable opinion, abusive, threatening or violent towards any one of the Dealer’s staff members, the Dealer may refuse to rent a Vehicle to you. The Dealer may also refuse to rent to you if the Dealer believes you are under the influence of drugs or alcohol.
Before the Dealer rents you a Vehicle, the Dealer may require a security deposit on your payment card. The amount of the deposit may vary depending on the method of payment and the Vehicle being rented. The security deposit will not be debited from your account immediately, however, it will be held on your account until all amounts payable to the Dealer under these Conditions have been paid to the Dealer.
You may be required to pay a separate mileage charge (calculated in accordance with the then current rates) if you exceed any mileage limitation set out in the Rental Agreement.
You may be required to pay additional charges at the end of the Rental Period following our inspection of the Vehicle in accordance with these Conditions or where the Vehicle needs to be cleaned by a professional cleaning or valeting services. Where the condition of the Vehicle cannot be remedied by professional cleaning or valeting services then the Dealer shall be entitled to treat this as damage to the Vehicle and the terms of clause 13 will apply.
For any voucher Bookings you must present the original valid voucher together with a valid credit card for any additional charges that are not covered by the voucher. If the amount of the voucher is less than the Rental Fees, you will need to pay the difference. If the amount of the voucher is more than the Rental Fees, you will not get a refund, but if you wish to buy Optional Extras from us at the time of making a Booking, you can use the difference towards the cost of these items.
The “Rental Period” is the period from when you collect or take delivery of the Vehicle (the start date and time shown on NIU Rental or your Rental Agreement) and ends on the indicated date and time shown on NIU Rental or your Rental Agreement.
If you wish to extend the Rental Period, please contact the Dealer as soon as possible, and at the latest before the end date and time of your Rental Period.
On receipt of your request to extend the Rental Period, the Dealer will do its best to assist you with this request, although it is possible that another customer will have booked the Vehicle to use straight after the expiry of the Rental Period.
If the Rental Period has expired and you have not returned the Vehicle to the Dealer (or to the designated return location agreed with the Dealer) within one hour of the expiry of the Rental Period, the Dealer or its designee may repossess the Vehicle. If the Dealer or its designee repossesses the Vehicle you must pay any reasonable expenses the Dealer incurs in the process of repossession. If the Dealer or its designee has the right to repossess the Vehicle you shall give the Dealer or its designee permission to access your premises for this purpose.
If you fail to extend the Rental Period and you are more than five minutes late returning the Vehicle to the Dealer (or to the designated return location agreed with the Dealer), you will be charged a late fee equal to the applicable daily Rental Fee and a late return administration fee, as may be notified to you over the telephone or by email or as set out on our website. Such fees will continue to accrue until the Vehicle is returned to the Dealer.
Your obligations in relation to the Vehicle continue until you return the Vehicle, the keys and any Optional Extras, to the Dealer from which the Vehicle was rented (or the designated return location agreed with the Dealer), during hours when the Dealer is open for business (which can be found on our website, www.niu.com) and according to these Conditions.
Inspecting the Vehicle at Delivery
The Vehicle should be maintained in accordance with the manufacturer’s recommended standards and will be roadworthy at the time of delivery. Any existing damage to the Vehicle will be stated on the Rental Agreement or, where you have requested one, the Vehicle Condition Report.
When you collect the Vehicle and any Optional Extras you should inspect them. If there is any damage, other than Minor Damage, you must make sure it is recorded on the Rental Agreement or, where you have requested one, the Vehicle Condition Report. You should take photos of any damage and send them to us or the Dealer via NIU Rental or by email BEFORE you take the Vehicle out of the rental station. You will be responsible and liable for any damage to the Vehicle which was not notified to us or the Dealer at the time of collection. “Minor Damage” means scratches less than 25mm long or any length if they have not broken the surface of the paint; dents less than 25mm in diameter which have not cracked the paint; stone chips less than 3mm in diameter and without any denting; wheel or wheel-trim scuffs without cracking or gouging; seat covers damage of less than 3mm in diameter; stains or marks than can be cleaned or polished out using our standard cleaning procedure.
Returning the Vehicle
The Dealer may inspect the Vehicle and any Optional Extras on their return for any damage or changes in condition from that which was described in the Vehicle Condition Report at the time the Vehicle was rented or which you notified to the Dealer in advance. If you are unable or refuse to complete the inspection with the Dealer, the Dealer will inspect the Vehicle in your absence and notify you of their findings and include any relevant photographs of such damage they find in their inspection for you to review.
Some damage may not be apparent at the post-rental inspection, such as mechanical damage or damage hidden by adverse light or weather conditions. If the Dealer finds any such damage, the Dealer will notify you with evidence of the same and the amount you are required to pay.
You should use all reasonable efforts to return the Vehicle to the Dealer during their opening hours. If you are unable to return the Vehicle to the Dealer within their opening hours, please contact the Dealer.
Using the Vehicle
Only the rider who made the Reservation is permitted to use the Vehicle. The Vehicle must not be lent or otherwise given to any other person at any time. Unless the Rental Agreement stipulates otherwise, you must return the Vehicle to the Dealer where you rented it.
When operating any Vehicle, you must:
use the Vehicle according to the road traffic laws applicable to the area you are driving in;
switch off the Vehicle when you leave it or are not using it, and use any security device fitted to or supplied with the Vehicle;
comply with all laws and regulations for using the Vehicle and any Optional Extras;
ensure the Vehicle is protected against bad weather that might cause damage to it;
drive the Vehicle with all due care and attention;
contact the Dealer as soon as you become aware of a fault in the Vehicle, or if you believe the fault means the Vehicle is no longer roadworthy;
contact the Dealer immediately when any warning light is displayed on the Vehicle or, when the service reminder message is displayed, unless it is unsafe to stop or, you have been advised by the Dealer to continue driving.
When operating any Vehicle, you must not:
use a mobile communication device that may distract you from driving, including driving whilst texting, emailing, using a mobile phone without a hands-free device or otherwise engage in similar activities;
fit your own equipment to the outside of the Vehicle which may cause damage to the Vehicle, for example, signage, stickers, roof racks, luggage carriers or bike racks;
carry more than the permitted number of persons or weight indicated in the Rental Agreement;
lend, sell, rent, remove, or dispose of the Vehicle and/or any Optional Extras or, allow anyone else to do so;
push or tow any trailer or any other Vehicle
give, or attempt to give, anyone any rights over the Vehicle;
perform any maintenance on the Vehicle or let anyone else perform any maintenance on the Vehicle without our prior written agreement;
let anyone else drive the Vehicle;
carry or transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous, strong smelling or illegal materials;
use the Vehicle for any crime or other illegal activity or purpose;
use the Vehicle off-road, on a race track, for racing, pace making, testing whether for reliability or speed, for stunts or trick riding, or for teaching someone to drive, or in connection with motor rallies, competitions, demonstrations or trials;
drive through spaces which are too narrow for the Vehicle;
damage the Vehicle by transporting unsecured loads or hitting high level objects;
use the Vehicle while under the influence of alcohol or drugs or other narcotic substances, or medications under the effects of which the operation of a Vehicle is prohibited or not recommended;
use the Vehicle in an imprudent, negligent or abusive manner;
drive the Vehicle in any way that could cause damage to its motor or battery.
The examples provided in clause 8.3 above are not exhaustive. Any unlawful or dangerous conduct whilst driving or otherwise making use of the Vehicle will be viewed as a breach of the Rental Agreement and these Conditions and to the extent legally permissible, you will lose the benefit of any damage waivers, excess reduction products, personal accident insurance and third-party liability insurance.
We recommend that you to wear a helmet when riding our Vehicles. If required by law to wear a helmet, you must wear one and the Dealer reserves the right not to rent any Vehicle to you if you have a helmet and agree to wear it. Some Dealers may provide a helmet for you to rent along with your Vehicle. If you choose not to wear a helmet, neither we nor the Dealer will be responsible.
Failure by you to respond to our efforts to contact you and/or failure to comply with the Dealer’s instructions concerning the return of the Vehicle may result in you being fully liable for all losses and liability incurred by the Dealer, directly or indirectly, arising out of or in connection with your failure to return the Vehicle or the Optional Extras.
The Vehicle may be fitted with telemetry systems or other similar devices that may track the Vehicle location and will be used as a tool for measuring how the Vehicle is being operated or accident related investigations. This is to maintain and protect the Vehicle. The Dealer may contact you in the event that the device indicates that you may be breaking the terms of the Rental Agreement or these Conditions and may ask you to modify your driving behavior. If you do not comply with the instructions of the Dealer, the Dealer may request that you immediately return the Vehicle, in which case no refund of the Rental Fees will be provided. The information collected by such devices may be used both during and after the Rental Period. In renting one of our Vehicles you are giving your express permission for us to collect and use that data.
The Vehicle must not be driven outside of the country of rental without prior written consent from the Dealer. The Dealer may withdraw its consent at any time, without liability, to comply with legal requirements.
The Dealer will not be responsible for any property held in the Vehicle or in the lockers at the Dealer (if any).
You must not leave any property in the Vehicle when you return it to the Dealer. If you have left items in the Vehicle or lockers at the rental station, the Dealer may agree to keep them for you to collect within a reasonable time and the Dealer may charge you a reasonable fee together with VAT for storing the item(s). Any property left in the Vehicle which remains unclaimed 3 months after the end of the Rental Period will be disposed of, without further notice to you. The Dealer accepts no responsibility for the safe keeping of items left.
If you have an accident with or in the Vehicle, you must:
not admit or accept liability to any third party;
obtain and notify of all the names and address of all parties involved in the accident, including wherever possible any witnesses;
secure the Vehicle, inform the police straight away in the event that anyone is injured, the road is blocked as a result of the accident or, if any third-party property has been damaged;
immediately call the Dealer and inform the Dealer of all relevant details, including the status of the Vehicle and whether it has been towed, confiscated or impounded.
The Vehicle is covered by third-party liability insurance. This means you are covered for any damage caused to another person’s property (for example, their Vehicle and/or any injury suffered by them, including passengers in the Vehicle). You will not have to pay any of their costs, unless the damage or injury was caused, or contributed to, by:
you breaking the Rental Agreement or these Conditions (for example, allowing someone other than the person who made the Reservation drive the Vehicle);
you breaking the law.
In these circumstances, if the law requires us to provide you with third party liability cover, the minimum cover required by law will still apply but we, or our insurer, may seek to recover our full costs from you. Please note third party liability cover does not cover any injury to the driver of the Vehicle or any personal items inside the Vehicle.
Battery Charge and Vehicle Breakdown
The Vehicle will be provided with a fully charged battery and a battery recharger, through which you can charge the Vehicle at most electrical outlets. You are required to monitor the battery charge and find a location to charge the Vehicle, if your battery charge gets too low. You will be charged a late fee if due to charging, you return the Vehicle to the Dealer after the end of the Rental Period.
Check with the Dealer if there are breakdown assistance services. To use this service, you must call the designated contact number as set out in your Rental Agreement.
If the Vehicle breaks down during the Rental Period, the Dealer will as soon as possible recover and provide a replacement battery or repair the Vehicle (as applicable). If the Vehicle cannot be repaired the Dealer may provide a replacement Vehicle subject always to availability and, any other relevant circumstance. There may be limitations on the distance from the Dealer for which repair services can be provided – please consult your Rental Agreement and the Dealer for further details.
If the breakdown is caused by your negligence, or arises as a result of your breach of the Rental Agreement, you will be responsible for the damage or loss under this clause and recovery, together with an administration fee to cover the handling of the claim and any other reasonable associated costs. If the Vehicle needs to be towed back to the Dealer for reasons attributable to you, you will be responsible for paying the fees that the Dealer incurs to tow the Vehicle (“Towing Fees”). The Towing Fees will be calculated based on the actual towing costs incurred by the Dealer.
Theft and Damage
In the event of any loss, damage or theft to the Vehicle, you must provide the Dealer with all such assistance and information as reasonably requested to investigate the matter and/or to otherwise deal with it.
If the Vehicle, keys or any Optional Extras are stolen, you must report it to the police as soon as possible and obtain a police report or crime reference number, without delay and, you must immediately provide the Dealer with the police report or crime reference number and, the keys (if possible). Neither we nor the Dealer will have any responsibility or liability for the loss, theft or damage to any personal belongings left in the Vehicle at the time it was stolen.
If the Vehicle is damaged or stolen during the Rental Period, in accordance with the Rental Agreement, you may be responsible for paying the Dealer an amount for the Dealer’s damages, the Dealer’s loss of use and an administration fee.
The amount of compensation payable for any damage will be calculated by the Dealer (or its third-party designee), based on the costs of repair or replacement of the Vehicle. You retain the right to prove that the damages are lower. You may be required to pay the Dealer an administration fee as well. This will be payable to cover any administration costs for dealing with the breach of the Rental Agreement and these Conditions and associated claims.
If Optional Extras are damaged or if you do not bring them back to the Dealer at the expiry of the Rental Period, the Dealer will charge you the replacement cost in addition to the fees for the Optional Extras.
Speeding, Parking and Traffic Fines and Charges
You are responsible for all fines and charges issued as a result of you or any driver using the Vehicle during the Rental Period. Fines and charges could include: all parking fines or charges; toll charges; Towing Fees; clamping costs; traffic fines or charges; speeding fines; and any other charges or fines.
If a fine or charge is sent to the Dealer because you haven’t paid a charge or complied with the law and the Dealer is required to pay the fine or charge on your behalf, the Dealer will charge you for such fine or charge as well as an administration fee.
By signing the Rental Agreement, you agree to the Dealer giving your details, as well as a copy of the Rental Agreement to the authority or private company that has issued the fine or charge if the Dealer consider they have a right to the information and the law allows us to do so. The Dealer will charge you an administration fee for doing this.
If the Vehicle is seized by the police or customs and excise or any other authority during the Rental Period (and any additional period until termination under clause 5.2 above), unless the seizure was caused by the Dealer’s negligence or the Dealer breaking the Rental Agreement and these Conditions or the law, you will have to pay: (a) any costs incurred as a result of the seizure; (b) any loss of rental income while the Vehicle is not available to rented to someone else; and (c) an administration fee.
Termination and Limitation of Liability
The Dealer may terminate the Rental Agreement and your rental of the Vehicle at any time for any reason or no reason. We may terminate your use of NIU Rental or any of our services, at any time, for any reason or no reason.
If you breach the Rental Agreement or these Conditions, you must pay any amounts owed to the Dealer or us under the Rental Agreement and/or these Conditions, and compensate any losses that we or the Dealer suffer as a result; and you may lose the benefit of any damage waivers, excess reduction products and third-party liability insurance.
You must return the Vehicle and any Optional Extras as soon as you can and you must still pay all amounts owed to Dealer under the Rental Agreement and these Conditions (including the Rental Fees) for the duration of the Rental Period, until the date of return and our inspection of the Vehicle. You must do what you can to reduce (or mitigate) any losses you suffer.
Any liability of (a) Niu Technologies Group Limited, its parent and related companies, its affiliates and subsidiaries, our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Vehicles and our services and, (b) to the extent you access our services using a third-party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns (provided and to the extent that the individuals and entities under (a) and (b) provide services to us or the Dealers necessary to fulfill any obligations under these Conditions) is limited to cases of intent or gross negligence. This limitation of liability does not apply to claims under applicable product liability law and in the case of bodily harm or death.
Personal Information and Security Checks
The Dealer may operate identity, security, driving license and credit checks. By signing the Rental Agreement or driving the Vehicle, you agree to such checks being carried out against you. If you fail to meet any of our checks, a Dealer may refuse to rent a Vehicle to you. If the Dealer has been notified that any amount is owed to any other Dealer, the Dealer may refuse to allow a driver to drive the Vehicle or allow you to rent the Vehicle. If any information you provide is found to be false or inaccurate, the Dealer may refuse to rent a Vehicle to you and you may be required to pay any costs or damages that we or the Dealer incur as a result.
Intellectual Property and Content
Subject to these Conditions, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the NIU Rental and our related software and services on your personal device solely for your use of the rental services of our Dealers. These rights are for your personal, noncommercial use only. You are not allowed to copy, modify, distribute, reproduce, enhance, sell or lease any part of NIU Rental, nor may you reverse engineer or attempt to extract the source code of NIU Rental or software or make any derivative works. You shall not do anything that may hinder or impede the use of NIU Rental or use any robots, spiders, scrapers or other automated means to access NIU Rental, try to interfere with the proper working of NIU Rental or attempt to bypass any of our security measures.
Your use of NIU Rental is not intended to transfer any ownership rights to you. Using NIU Rental does not give you ownership of any intellectual property rights or the content you access, and all rights therein (including all intellectual property) belong to us or our licensors.
You are responsible for all acts under your registered account. You shall not submit any content that is hateful, violent, obscene, pornographic, unlawful, defamatory, libelous or otherwise offensive, or any spam or other advertising. We reserve the right to terminate your user account if you post any such content to NIU Rental or websites, and remove any such content as we deem fit. We reserve the right to take appropriate legal actions in respect any of any such content, and you will assume all resulting legal liabilities. Upon submitting any content to us via NIU Rental or our website, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute the content, as well as your name and likeness for the purpose of marketing, blog entries and other services provided through NIU Rental or our website. This license will continue even after you no longer use our services, but you reserve the right to revoke this license at any time. Any content you submit is non-confidential.
Electronic Signature. Any acceptance when checking a dedicated box consists in an electronic signature which has the same value as handwritten signature. You acknowledge that any document validated pursuant to that procedure constitutes literal evidence as well as, even without such procedure, any electronic mail exchanged between you and us, so that any correspondence or agreement produces its legal effect to the operation in question in the same way as if it were signed by a hand-written signature.
Service Interruptions. The services provided by us and the Dealers may be interrupted by force majeure events, including natural disasters (such as flood, earthquake, pandemics, storms, etc.) social events (such as war, turmoil, and act of government, etc.) and technology issues (such as computer viruses, hacker attacks and unstable systems). Neither we nor the Dealer will bear any liability arising from the interruption of the services.
What to do if you want to Complain. If you are dissatisfied with any element of the services, please get in touch with us at email@example.com Following receipt of your call or email, a member of our customer services team will get in touch to discuss this with you.
General. We may at any time sub-contract, assign, or transfer our rights and obligations to a third party or obtain a, mortgage or charge in respect of the Conditions. You may not assign or transfer your rights or obligations under these Conditions to a third party or, subcontract any or all of your rights or obligations under the Conditions without our prior written consent. Any failure by us or a Dealer to enforce any provision of these Conditions will not constitute a waiver of such provision. If any provision of these Conditions is or becomes deemed invalid, illegal or unenforceable, the provision will be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
Disputes. These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the local laws where the Dealer is located. Each party irrevocably agrees that the courts of the country in which the Dealer is located will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).