Volvo Car Service Plan and Volvo Car Service Plan Plus

Term

The Service Plan is valid for a fixed, sequenced number of scheduled maintenance services from the date of purchasing the Service Plan, [or for the period as set out in your order specification].

Volvo Car Service Plan

The “Volvo Car Service Plan” consists of maintenance service work (the “Volvo Car Service” which includes certain labour cost and material) to be performed on your Vehicle as specified by, and in accordance with, Volvo Car’s recommendations, including functionality and safety checks for certain limited wear and tear components as well as actions performed at specified service intervals. More information about the Volvo Car Service can be found in the owner’s manual and service and warranty handbook of your Vehicle.

The exact scope of works and material employed for each maintenance service may be amended by Volvo Car from time to time based on data and information obtained on each Volvo car model which is subject to the Service Plan. For any contracted Service Plan, however, such scope of works and material as is outlined in the owner’s manual and service and warranty handbook of your Vehicle remains applicable and cannot be unilaterally amended by Volvo Car unless to your benefit.

Volvo Car Service Plan Plus

The “Volvo Car Service Plan Plus” contains in addition to the Volvo Car Service Plan certain labour cost, material as well as components for the replacement of the following wear and tear components (which vary depending on your car model).

For a fully electric car the following replacements of wear and tear components in pre-defined time intervals as defined in the Volvo Car Service Plan Plus are included:

For a plug-in hybrid, petrol, or diesel car the following replacements of wear and tear components in pre-defined time intervals as defined in the Volvo Car Service Plan Plus are included:

Testing and replacement of any other wear and tear components not set out above and/or not explicitly set out in the relevant Service Plan are excluded from the Service Plan. In addition, no repair works are included in the Service Plan (see also Section 12 of the Terms for the Volvo Car Service Plan).

Wear and tear replacements which are part of the relevant Service Plan are at all times subject to the professional judgement of the Volvo Car Authorized Workshop (as defined below) performing the service on behalf of Volvo Car. You are not entitled to claim such wear and tear replacements unless deemed necessary by the Volvo Car Authorized Workshop (as defined below) based on objective criteria.

The Volvo Car Authorized Workshop (as defined below) is, however, obliged to provide and perform inspections, works and replacements of wear and tear components in accordance with and as covered by the relevant Service Plan without any specific request from your side being required. Please note that the inclusion of wear and tear components in the relevant Service Plan does not affect the reference to ‘wear and tear’ in the service and warranty handbook of your Vehicle.

You remain responsible for regularly checking in between scheduled workshop visits for any wear and tear needs that may affect the roadworthiness of the Vehicle (see also Section 9 of the Terms for the Volvo Car Service Plan).

If you believe that there is a need for wear and tear maintenance, please contact the Customer Relations Centre.

Conditions

The Service Plan is subject to the Terms for the Volvo Car Service Plan as defined and set out below.

1. General

1.1 Set out below are the terms and conditions for the provision of services and material under the Service Plan provided by or on behalf of Volvo Car (the “Terms for the Volvo Car Service Plan”). Before accepting such terms and conditions, please take the time to read them carefully as they form part of the Service Plan under which you have acquired certain services, material as well as, if applicable, wear and tear components from Volvo Car for your Vehicle.

1.2 The term “you” or “your” in these Terms for the Volvo Car Service Plan refers to you as contracting party.

1.3 The applicability of any general terms and conditions used by you as the purchaser is herewith excluded.

2. Who We Are

2.1 We are Volvo Car Corporation (reg. no 556074-3089), part of Volvo Car Group, and our registered address is Assar Gabrielssons Väg, 405 31 Gothenburg, Sweden (”we”, ”our” or ”us” or “Volvo Car” which also includes any affiliate of Volvo Car “Affiliate”). We are your contractual partner.

2.2 Please do not hesitate to contact us if anything is unclear or if you otherwise have some questions. You can contact us through our customer relation centre [Kontakt | Volvo Support AT (volvocars.com)] (the “Customer Relation Centre”). For further information please visit [https://www.volvocars.com/at/].

2.3 We use Volvo Car Authorized Workshop only (for definition and details see Section 8 of these Terms for the Volvo Car Service Plan) to provide the services under the Service Plan on our behalf and for our account.

3. Who You Are

3.1 You confirm that you are (i) capable of forming a contract, (ii) are an individual at the age of 18 or above, and (iii) you acquire the Service Plan a) as an individual for yourself as a consumer or b) either again for yourself in your capacity as business customer or on behalf of a legal entity as business customer (in which latter case you also confirm to be authorised to represent such legal entity).

3.2 You confirm that all the details you provide to us are true and correct. You are responsible, at all times, to keep the contact details you provided up to date. Please contact our Customer Relation Centre (see Section 2.2 above) as soon as possible if you change any of your contact details.

3.3 You also confirm that you are not a person, or acting on behalf of a person, designated on any sanctions list imposed by the UN, EU, United Kingdom or US, and that you will not sell, provide or transfer the right to access and make use of the services under the Service Plan to any such sanctioned person, or to any person located in (a) a country or territory which is, or whose government is, the subject of comprehensive sanctions, as may be in place or imposed from time to time, including (but not limited to) Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk People’s Republic region of Ukraine, the so-called Kherson People’s Republic region of Ukraine, the so-called Luhansk People’s Republic region of Ukraine and the so-called Zaporizhzhia People’s Republic region of Ukraine, (b) Russia or (c) Belarus. If at any time this turns out not to be true, your Contract will be terminated with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law we may not be able to repay any payments that you may have made to us.

4. Contract

4.1 You accept these Terms for the Volvo Car Service Plan in relation to purchasing the Service Plan either by placing an order via a Volvo Car Authorized Retailer or through one of Volvo Car’s digital channels. These Terms for the Volvo Car Service Plan together with the description of the applicable Service Plan (as set out above including any limitations) together with all other documents as set out in Section 4.5 below form part of the contract in relation to the selected Service Plan (the “Service Plan Contract”).

4.2 A binding Service Plan Contract shall be deemed entered into between you and us either upon acceptance of your offer by a Volvo Car Authorized Retailer on our behalf or, if you have placed your order through one of Volvo Car’s digital channels, in accordance with what is stated in Sections 4.3 to 4.5 below (in all cases, we, also acting via our Volvo Car Authorized Retailers, reserve the right to reject your order in our sole discretion). We are only obliged to provide services under the Service Plan once all payments due under the respective payment terms for such Service Plan have been made in accordance with the agreed payment schedule.

4.3 Please note that the presentation of the scope of services, materials and replacements of wear and tear components covered under a Service Plan (via the online platform or otherwise) does not constitute an offer to sell.

Based on the available options, you can select the desired Service Plan You will also be asked to either log in to your customer account if you already have a Volvo ID or enter your customer details to create a new Volvo ID. In the latter case, you will receive a confirmation e-mail with a link to activate your Volvo ID. Once the new Volvo ID has been created, it also needs to be assigned to your Vehicle. To do this, please contact our Customer Relation Centre (see Section 2.2 above). Once you have selected the desired Service Plan and the payment method, you can proceed with the transaction by clicking the button “continue”.

Before submitting a binding order, the content of your order (the "Order") and the total gross price to be paid by you are summarized in an Order overview. You can view the Service Plan you have previously selected and also change the selection. At this point, please check all the details (e.g. name, address, selected Service Plan) and correct them if necessary using the editing fields provided. When you complete the Order at the end of the order process, you will be invited to give us your consent to the conditions on which the Order is based and to make a binding offer to conclude a Service Plan Contract. Only by agreeing to the Order and clicking the checkbox "buy now" you make a binding offer to us to conclude a Service Plan Contract. Until this point, the ordering process is non-binding for you.

In addition, you will be given the opportunity to request, only when you agree to the below mentioned by way of clicking the checkbox "confirm request for early fulfilment", that we shall commence maintenance services under the Service Plan Contract before the expiry of the withdrawal period as set out in Section 5 below and that you thereby acknowledge and confirm the loss of your right of withdrawal in the event of complete fulfilment of the Service Plan Contract. In the event that we have only commenced but not completed the fulfilment of the Service Plan Contract at the time of our withdrawal, you thereby also acknowledge and confirm that you are obliged to pay to us an amount which, in comparison to the contractually agreed total gross price of the Service Plan, corresponds proportionately to the services provided by us up to the time of withdrawal (compared to the total scope of services contracted under the relevant Service Plan). Any such amount will be deducted by us from the reimbursement of all payments which we have received from you in relation to the relevant Service Plan Contract following your withdrawal.

4.4 Upon the submission of your completed request we will send you an email confirming receipt of your Order with respect to the selected Service Plan and declaring acceptance of your Order (the “Order Confirmation”).

4.5 A binding purchase contract, of which these Terms for the Volvo Car Service Plan form an integral part, between you and us shall only come into existence when we confirm acceptance of your order by the Order Confirmation set out under Section 4.4 above (and not at any earlier point in time).

5. Right to Withdrawal/Cancellation Policy (Only Applicable for Orders by Consumers through Volvo Car Digital Channels)

5.1 In the event that you purchase the relevant Service Plan as a consumer (i.e. an individual placing the Order for a purpose that cannot be attributed to such individual’s commercial activity) and further provided that the Service Plan Contract has been concluded through a Volvo Car digital channel and thus by means of distance selling, you have a statutory and mandatory right to withdraw from the Service Plan Contract without giving any reason within fourteen (14) days from the date of conclusion of your Service Plan Contract.

If you wish us to commence maintenance services under the Service Plan Contract before the expiry of the withdrawal period in accordance with the above, you have been asked in the course of the order process in accordance with Section 4.3 above to express an explicit request in such respect and to acknowledge and confirm the loss of your right of withdrawal in the event of complete fulfilment of the Service Plan Contract and your obligation to provide for an adequate compensation for our works and services in the event of only partial fulfilment of the Service Plan Contract.

If no explicit request for early fulfilment of the Service Plan Contract in accordance with Section 5.1 and Section 4.3 above is declared by you, you are only entitled to request any performance of any maintenance services under the respective Service Plan after expiry of fourteen (14) days from the date of conclusion of your Service Plan Contract.

5.2 To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Service Plan Contract by means of a clear statement (e.g. a letter sent by E-mail or by calling us). You can do this by contacting our Customer Relations Centre (contact us) or by sending your cancellation to the address or E-mail noted below (for this purpose, you may use the standard template for exercising the right of withdrawal as downloadable from [Withdrawal form], which, however, is not mandatory) or to contact us by telephone:

Volvo Car Corporation (reg. no 556074-3089)

c/o Volvo Car Austria GmbH, Viertel 2, Trabrennstraße 2b

A-1020 Vienna, Austria

E-Mail: vcaccc@volvocars.com;

Tel: +43 14360007

In order to comply with the above-mentioned deadline for withdrawal, it is sufficient that you send off/post the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Once you have declared and we have received your withdrawal from your Service Plan Contract, such withdrawal can no longer be reversed.

5.3 If you decide to withdraw from the Service Plan Contract, we will within fourteen (14) days after receiving your cancellation request, reimburse you for any payments which we have received from you in relation to such Service Plan Contract. If we already have performed one or more service(s) under your Service Plan in accordance with your corresponding request as set out in Section 4.3 above before you have exercised your right of withdrawal, we will either make a reasonable deduction from the reimbursement corresponding to the market value of such maintenance service(s) already performed by us in accordance with the above, or, if you have chosen monthly instalments as payment option under the Service Plan, we will charge you for the market value of such maintenance service(s) already performed by us to the extent not covered by the payments you have already made to us.

5.4 We will make the reimbursement using the same means of payment as you used for your payments due under the Service Plan Contract. In no case will you be charged for any banking fees in connection with such reimbursement.

6. Price and Payment

6.1 The purchase price is the amount shown when placing the Order and confirmed in your Order summary or in the order specification received from a Volvo Car Authorized Retailer (the “Total Price”). The Total Price includes VAT and all works, services, material and wear and tear replacements as stated in the relevant Service Plan as well as specified in the present Terms for the Volvo Car Service Plan above.

6.2 You hereby understand and agree that you are contractually bound to pay the Total Price in full.

6.3 You are responsible for paying the Total Price through available payment options.

6.4 You are also responsible for the payment of any and all taxes, including VAT, related to the Service Plan Contract.

6.5 Monthly instalments – eligible only for Orders through Volvo Car digital channels

6.5.1 If applicable, payments shall be made by monthly instalments over the selected period by direct debit order allowing for an automatic transfer to our benefit from the payment details provided by you in the course of the Order journey. The first instalment shall thereby become due and payable on the date of conclusion of the Service Plan Contract with all subsequent instalments becoming due and payable as of the same day of each month thereafter (example: if your contract started on the 5^th, all subsequent instalments become due on the 5^th of each month thereafter). You are obliged to ensure that the amounts of all instalments due for payment can be deducted from your bank account and that you have or will have provided the correct payment information throughout the entire payment period. In the event of default with any one of the instalments for more than 2 (two) weeks, the full balance outstanding in relation the Total Price shall immediately become due for payment together with statutory interest from the date of default.

6.5.2 You are entitled to cancel the monthly instalment plan at any time by paying the full balance outstanding in relation the Total Price. Please contact our Customer Care Centre (see Section 2.2 above) for such purpose.

6.6 We have the right to use any third party’s services for collection and/or legal action against you in case of any payment default. We reserve the right to claim damages from you for reasonable cost and/or expenses that we may incur in relation to such services for collection and/or legal action, including but not limited to costs of any third party as well as legal and administration costs.

7. Period and Termination of Service Plan

7.1 The Service Plan Contract is valid for the number of scheduled maintenance services included in your Service Plan or the limited period of time as set out in your Order specification.

7.2 If you order any scheduled maintenance services and/or wear & tear work either (i) not covered by the Service Plan or (ii) to be carried out after the expiration of validity of the Service Plan (Contract) in accordance with the above and/or after termination of the Service Plan Contract, this will qualify as additional services to be charged according to the regular price and payment conditions of the Volvo Car Authorized Workshop in question.

7.3 The Service Plan Contract shall be deemed terminated/to expire automatically (without any further notice by us being required):

7.4 Volvo Car has the right to terminate the Service Plan Contract with immediate effect if the conditions for Volvo Car’s operations in the market change significantly due to circumstances outside of Volvo Car’s control and these circumstances significantly complicate Volvo Car’s ability to perform maintenance services. If this occurs, Volvo Car will refund you for all and any amounts paid for maintenance services not performed.

7.5 The parties have the right to terminate the Service Plan Contract with immediate effect if the other party commits a severe or repeated breach of its obligations under the Service Plan Contract following, if required by mandatory provisions of applicable laws, a declaration of termination (by E-Mail sufficient) and expiry of a reasonable grace period to be granted by such party wishing to terminate the Service Plan Contract for good cause.

8. Authorized Workshop Interaction and Performance of Maintenance Service

8.1 The Service Plan is connected to the country (i) where you have purchased the Service Plan through a Volvo Car Authorized Retailer, or (ii) where your Vehicle was registered when you have purchased the Service Plan from Volvo Car online by placing an order through one of Volvo Car’s digital channels. Works under the Service Plan will therefore only be carried out by any workshop authorized by us to provide such services under the Volvo brand and situated in the country as set out under items (i) or (ii) above (together the "Volvo Car Authorized Workshop").

8.2 For such purpose, we will commission the Volvo Car Authorized Workshop selected by you (which choice will usually be confirmed by the Volvo Car Authorized Workshop, considering its available capacities, or alternatively another Volvo Car Authorized Workshop will be suggested by us) to perform the corresponding services on your Vehicle. You have the right to choose any Volvo Car Authorized Workshop within the country as set out under items (i) or (ii) above for the performance of the Service Plan. Scheduled maintenance service according to the Service Plan can be redeemed at any Volvo Car Authorized Workshop situated in the relevant country.

8.3 When scheduled maintenance service is due according to your Vehicle’s Service Plan, you will need to book a time with a Volvo Car Authorized Workshop. You can use our Digital Booking service to make a booking or contact a Volvo Car Authorized Workshop.

9. Change of Ownership of the Vehicle

9.1 Your Service Plan Contract is connected to your Vehicle. If there has been a change in ownership after the Service Plan Contract was entered into, the term of the Service Plan will remain valid for the new owner.

9.2 However, the obligation to pay any outstanding amounts to Volvo Car pursuant to the Service Plan Contract is personal to you and you remain liable to provide for such outstanding payments as and when due irrespective of the transfer of ownership in the Vehicle. You are responsible for (a) informing a purchaser of your Vehicle about the terms of Service Plan Contract, and (b) any payment from the purchaser of the Vehicle for any outstanding balance under the Service Plan Contract.

10. Your Obligations

10.1 The scheduled maintenance service shall be carried out according to Volvo Car’s recommendations. Scheduled maintenance service is depending on time and mileage and can occur with different time intervals. In order to remain eligible for and entitled to any service works under the relevant Service Plan it is further required that you:

11. Our Liability

11.1 Our liability for slight negligence shall generally be excluded, except for cases of personal injury. If you are purchasing the Service Plan as a consumer, the statutory provisions of Austrian law shall apply to the extent not excluded in accordance with the above.

11.2 In the event, however that you do not purchase the Service Plan as a consumer, the following additional limitations of liability shall apply:

Any liability for lost profits, loss of revenue, production or operating losses, down time, lost sales or contracts, contractual damages or penalties to third parties, indirect damages or consequential damages, indirect losses or loss of reputation caused by a defect as well as in general for unforeseeable damage shall be excluded to the maximum extent permissible by law. If any of the above limitations is found to be invalid, our liability shall be determined at the minimum level under mandatory applicable law.

The amount of any damage claims justified on the merits pursuant to mandatory legal provisions and/or pursuant to the Service Plan Contract shall, to the extent permissible by law, be limited to the Total Price of the respective Service Plan.

11.3 Any damage claims against us shall become statute-barred within 12 (twelve) months from the date you become aware of the damage (and shall therefore be deemed excluded if not asserted by filing a claim with the competent court prior to expiry of such period). If this twelve-months limitation period for damage claims is not valid under the applicable laws, then such period shall be deemed prolonged to the minimum limitation period permissible under such applicable laws.

11.4 This Service Plan Contract does not exclude or limit our liability (if any) for: (i) death or personal injury caused by our negligence; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any matter for which it would not be legally permitted for us to exclude or attempt to exclude our liability.

11.5 We shall not be liable or be deemed to be in breach of the Service Plan Contract for reason of any delay in performing, or any failure to perform, any of our obligations under Service Plan Contract if the delay or failure was due to any cause beyond our and our Volvo Car Authorized Workshop’s reasonable control (force majeure, e.g. war, natural disasters, pandemics (including, for the avoidance of doubt, COVID-19), lock-downs, labour walk-outs etc). We always strive to keep performance times as short as possible, but please note that such circumstances may cause delays compared to the expected performance times earlier communicated by us.

12. Exclusions

12.1 The Service Plan does not include any repair work, spare parts or consumables (other than those fuels and wear and tear components explicitly included under the relevant Service Plan) necessary to maintain the roadworthiness of your Vehicle (whether determined as a result of the maintenance services or otherwise), or any other work you agree with the Volvo Car Authorized Workshop to be performed. The replacement of timing belts, auxiliary belts, tensioners and rollers, is also excluded. All additional services are subject to a separate agreement between you and the Volvo Car Authorized Workshop and Volvo Car is not and will not be at any time a party to any such agreement for additional services.

12.2 Special service programmes such as (but not limited to) taxi, police, or other specified purposes of usage of the Vehicle are excluded and any cost related to such special service programme will be added as an additional cost.

13. Disclaimer

13.1 The Service Plan does not include any obligation of the Volvo Car Authorized Workshop or us to reimburse you in any way for costs, loss of income, loss of time or other damage, caused by you turning the Vehicle over to the workshop or caused by you being unable to use the Vehicle during the time it has been in the care of the workshop for agreed scheduled maintenance.

13.2 Nothing in these Terms for the Volvo Car Service Plan excludes, restricts, or modifies any guarantee, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded or restricted.

14. Processing of Personal Data

14.1 We will process your personal data in relation to providing the agreed services under this Service Plan Contract to you. All processing will take place in accordance with applicable legislation as well as with our Privacy Policy and any applicable privacy notices, which you can find on our website, [https://www.volvocars.com/at/legal/privacy].

15. Miscellaneous/Applicable Law and Jurisdiction

15.1 We may transfer our rights and obligations under the Service Plan Contract to another company within the Volvo Car Group. We will let you know if this happens and make sure that the transfer will not reduce your contractual rights.

15.2 Any waiver by us or you of any breach of the Terms for the Volvo Car Service Plan shall be made in writing and shall not be considered as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either us or you to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

15.3 If any provision of the Service Plan Contract should be unenforceable in whole or in part, the remaining provisions shall remain unprejudiced. In the case of such partial unenforceability, we undertake to replace the unenforceable provisions with provisions that reflect the intention of the unenforceable provisions as closely as possible.

15.4 The Service Plan Contract shall be governed by Austrian law; the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

15.5 All disputes and claims arising out of or relating to the Service Plan Contract shall be subject to the exclusive jurisdiction of the commercial court in Vienna. For claims by or against consumers, pursuant to § 14 of the Austrian Consumer Protection Act (KSchG) the competent court in whose district the domicile or habitual residence of the consumer is located shall have jurisdiction. If you are purchasing the Vehicle as a consumer, you can also access the Online Dispute Resolution (ODR) Platform provided by the European Commission.