Integrated Service Package (ISP) Terms and Conditions for UK

I. Details of the Integrated Service Package (ISP)

smart UK Automotive Ltd (“smart”) offers all new smart vehicles ("Vehicles") with an Integrated Service Package (ISP). If you buy a Vehicle, you agree to be legally bound by these ISP terms and conditions ("ISP Terms"). The ISP consists of (1) a Maintenance and Wear & Tear package; (2) an extended manufacturer’s warranty period; and (3) Roadside Assistance (RSA).

Unless otherwise agreed, if you lease a Vehicle, you can bring any claim arising under these ISP Terms directly against smart, provided that you fully comply with the ISP Terms, in particular the requirement to carry out inspections and maintenance as set out in clause II below.

1. Maintenance and Wear & Tear package

The Maintenance and Wear & Tear package covers inspection and maintenance work, including the replacement of wear and tear parts, for a period of 3 years or up to 30,000 miles in accordance with smart´s specifications during the Vehicle's recommended service intervals, as indicated by your Vehicle's instrument cluster. Any expenses incurred outside the recommended service intervals, such as the refilling of fluids (other than brake fluids), are not covered. Further conditions are set out below in Section II.

2. Warranty Extension

The ISP extends the warranty period from 1 year to a total of 3 years with no mileage limitation ("Warranty Extension"). Further conditions of the Warranty Extension are set out below in Section 9.

3. Roadside Assistance (RSA)

RSA is available from your Vehicle's initial registration date to its first due service. If your Vehicle's first service is provided by a smart authorised Service Partner, RSA will be renewed after each service for up to 8 years or up to 100,000 miles, whichever comes first. Further conditions relating to RSA are set out below in Section IV below.

II. Maintenance and Wear & Tear package under the ISP

1. Condition of registration

To benefit from the Maintenance and Wear & Tear package, you must have entered into an agreement for the purchase of your Vehicle and the Vehicle must be registered with the DVLA within 3 months after delivery.

2. Term and Scope.

2.1 The term of the Maintenance and Wear & Tear package begins on the date the Vehicle is registered in your name or the date of your Vehicle delivery, whichever comes first ("Commencement Date"). The term shall end thirty-six (36) months after the Commencement Date or on reaching mileage of 30,000 miles, whichever occurs first

2.2 You can only claim services under the Maintenance and Wear & Tear package in the UK from smart and the services must be carried out by smart authorised Service Partners in the UK.

2.3 As part of the Maintenance and Wear & Tear package, you are entitled to have the first service, as indicated by instrument dashboard in your Vehicle, carried out free of charge in accordance with smart's specifications provided that the service is carried out by a smart authorized Service Partner.

2.4 In addition, you entitled to have the following wear and tear parts replaced free of charge once during the term of the Maintenance and Wear & Tear package, unless otherwise stipulated below only for specific parts, if their replacement is deemed necessary subject to the professional opinion of a smart authorised Service Partner technician and in line with the defined smart service schedule:

• Activated charcoal particle filter (AC)
• 12V on-board battery system
• Wiper blades (front and back)
• Windshield washer fluid
• Brake fluids
• Brake pads (front and or back)
• Brake discs (front and or back)

2.5 In consultation with you, smart is entitled to call in your Vehicles to perform preventive and verification work at any smart authorised Service Partner.

2.6 The scope of the Maintenance and Wear & Tear package does not include work or repair to parts that are not mentioned in 2.3, and in particular the following work or repairs:

• maintenance work arising due to changed maintenance intervals or the use of non-recommended operating materials. smart determines the dates of the service intervals and these are indicated on the Vehicle's instrument cluster;
• refilling with operating fluids other than brake fluids outside the service intervals;
• repairs and spare parts on the complete vehicle (e.g. chassis, cabin, and aggregate systems).
• all body repair work;
• tyres
• wheels
• all legally required inspections (including annual MOTs);
• the refund of subsequent costs to the extent such costs are not provided for in the Maintenance and Wear & Tear package;
• repair or maintenance work for attachments, installations, conversions, and superstructures by the manufacturer or third parties;
• repair of damage, in particular caused by accidents or violent force;
• repair of damage on components, which are not listed under clause 2.3, as well as additional services such as costs of testing, measuring and adjustment work to the extent not connected with the work listed under clause 2.3, mileage allowance, hotel and travel costs, rental vehicles, freight losses, airfreight costs, etc.;
• conversion and retrofit work (e.g., due to legal regulations);
• all measures aimed at more extended deregistration and subsequent start of operation of the Vehicle, as well as any standing damage caused by the extended deregistration;
• replacement or repair of the high-voltage batteries;
• any damage caused by inappropriate handling or unprofessional repair work, in particular due to:
  • lack of compliance with smart's operating instructions for the Vehicle;
  • modifications of the Vehicle by you or any third party; or
  • use of non-genuine smart parts (smart genuine parts are spare parts, which are intended for smart vehicles and are designated with the smart brand by smart or on behalf of smart), or operating materials, which are not listed in the smart specifications;
• damages caused by the failure to report damage in a timely manner and to repair your Vehicle; and
• force majeure and other unforeseen events, such as riots, strikes, lockouts at smart or its vicarious agents. smart will not be obliged to provide services for your Vehicle for the duration of such unforeseen events.

2.7 You are only entitled to demand services up to a maximum of 900 miles or 30 days before and after the due date of the services determined by smart and indicated by your Vehicle's instrument cluster.

2.8 If you make use of services which extend beyond the scope of this Maintenance and Wear & Tear package, You will be invoiced for these services by the smart authorised Service Partner carrying out the repairs.

3. Regular opening and service hours

3.1 You can have the services performed during regular opening hours at a smart authorised Service Partner.

3.2 Payment for services provided outside of regular opening hours will be invoiced separately to You in the form of surcharges by the smart authorised Service Partner.

4. Your obligations

4.1 You must meet all legal obligations arising from the operation and maintenance of your Vehicle, in particular those under the applicable road traffic licensing regulation (e.g. the Road Vehicles Lighting Regulations 198 and the Road Vehicles (Construction and Use) Regulations 1986).

4.2 You must ensure that you follow your Vehicle's operating instructions in accordance with the owner's manual and take all damage mitigation measures in the event of damage. In particular, the requirements concerning the appropriate first use of the Vehicle must be ensured as specified in the owner's manual.

4.3 You must immediately notify smart UK Customer Engagement Centre (CEC) if Your vehicle's odometer malfunctions. The CEC can be contacted via the Service Hotline +44 1908 086062 or at hello@support.smart.com. You must rectify any damage to the odometer within 2 working days, during regular opening hours at a smart authorised Service Partner.

When the odometer is replaced, the mileage measured at the time of replacement must be transferred to the new odometer. You and smart will mutually agree on the number of non-registered miles. If you take your Vehicle to be inspected by a service provider that is not authorised to check tachographs according to applicable regulations, you must take your Vehicle to be inspected at the nearest smart authorised Service Partner.

4.4 After your Vehicle's first service covered by the Maintenance and Wear & Tear package, you arrange for the ongoing inspection and maintenance measures in between the required service intervals in accordance with the owner's manual at your own expense.

4.5 You must take your Vehicle to a smart authorised Service Partner for any maintenance work indicated by your Vehicle's instrument cluster.

4.6 If the smart authorised Service Partner performs other work in connection with work under these ISP Terms( e.g. repairs), the costs associated with this work must be paid for directly with the relevant smart authorised Service Partner .

5. Owner's manual

Unless otherwise provided in these ISP Terms, the performance of any repair work to your Vehicle is subject to the owner’s manual, which can be found in Section V.2 below.

6. Termination of the Maintenance and Wear & Tear package

6.1 Without prejudice to any other rights or remedies, smart may terminate the Maintenance and Wear & Tear package immediately without notice if you breach these ISP Terms and fail to remedy the breach following receipt of a written notice from smart. smart will not issue a written notice if your breach is so serious that it is unreasonable to expect smart to continue this agreement with you. This does not affect any other rights smart has under these ISP Terms.

6.2 smart can also terminate the Maintenance and Wear & Tear package without notice if you sell your Vehicle to a third party and the new owner does not accept these ISP Terms.

7. End of the Maintenance and Wear & Tear package

7.1 The Maintenance and Wear & Tear package for your Vehicle will end in the event your Vehicle is lost or stolen and it is not recovered within 6 weeks. You must immediately notify smart that your Vehicle is lost or stolen and you must not claim any more services under these ISP Terms.

7.2 The Maintenance and Wear & Tear package will end if your Vehicle is immobilised for more than 6 months. If your Vehicle is immobilized for more than 3 months you must inform smart in writing and any repairs specified by smart must be carried out by a smart authorised Service Partner.

III. Manufacturer’s Warranty Extension under the ISP

1. Warranty extension

1.1 As part of the ISP, smart grants its customers an extra year of manufacturer’s warranty for each Vehicle in addition to smart's 2 year manufacturer’s warranty ("Warranty").

1.2 The scope of this Warranty Extension, the warranty exclusions, the requirements for warranty claims and the handling of warranty claims are the same as specified in the ISP Terms for the 2 year smart Warranty, subject to specific exceptions listed in clause 2 below. The conditions of the 2 year smart Warranty can be found here: https://uk.smart.com/en/service/warranty-terms/.

1.3 The term of the Warranty Extension begins automatically on the expiry of the 2 year smart warranty and ends after 12 months.

2. Scope of the Warranty Extension

Notwithstanding any warranty exceptions in the 2 year smart Warranty, the Warranty Extension shall not cover the following:

• vehicle keys, radio remote control/transmitter, batteries for remote control, bulbs, xenon burners, illumination (including as LEDs), light sources;
• tyres/wheels, steel and aluminium rims, hub caps, balancing;
• retightening of bolts and nuts on overall vehicle; frame, body and trim parts, scratches, paint damage, complete paint surface, painting work, rust, hinges, door holders, mirror, headlamp and lamp lenses, vehicle windows (except for defective electrical rear window heaters, mirror heaters and the antenna), luggage retainer bars, trunk luggage covers;
• telephone installation and hands-free system, mobile data medium for the navigation system, consumer electronics from other manufacturers, consumer electronics devices that were not procured by the manufacturer/importer or their service networks, even if they were responsible for installing them;
• covers (leather/fabric), upholstery, insulating mats and floor mats, dashboard, headliner, interior trim (including trunk/engine compartment), plastic, leather, wood, surface materials in the interior, topstitching, overall interior.

3. Warranty Exclusions

Notwithstanding the exclusions in the 2 year smart Warranty, the Warranty Extension does not cover claims arising:

• from corrosion;
• where a third party is responsible or where the repairs were carried out of the manufacturer's goodwill or from manufacturing or material faults, that occurred in a large number for the vehicle model (series production fault).

4. Requirement for Warranty Claims

To benefit from any warranty claims, you must:

4.1 carry out and document any maintenance, inspection and upkeep operations specified or recommended by smart at a smart authorised Service Partner in accordance with smart's specifications. You may not make a warranty claim if you infringe one of smart's requirements and your infringement causes damage to your Vehicle. It is assumed that any damage may occur from more than one cause and you are allowed to make a warranty claim on this basis. It is up to you to provide evidence if there is no relationship between the cause of the damage and the damage itself;.

4.2 not tamper with or influence the odometer. You must promptly notify smart about any defects or replacement of the odometer, quoting the driven distance when doing so. You must immediately notify the CEC via the email address hello@support.smart.com or using the contact form https://uk.smart.com/en if your Vehicle's odometer malfunctions. You must rectify any damage to the odometer within 2 working days, during regular opening hours at a smart Authorised Service Partner; and

4.3 comply with smart's instructions in the owner's manual. You may not make a warranty claim if you breach this requirement and your breach causes damage to your Vehicle. It is assumed that any damage may occur for more than one reason and you are allowed to make a warranty claim on this basis. It is up to you to provide evidence if there is no relationship between the cause of the damage and the damage itself.

5. Transfer of Warranty Extension

5.1 If you sell your Vehicle to a third party during the term of the Warranty Extension, the rights under the Warranty Extension will transfer to the new registered owner of the Vehicle, provided that the new registered owner has notified smart in writing. If you sell your Vehicle to a commercial reseller, the Extended Warranty will no longer apply.

IV. Roadside Assistance (RSA) under the ISP

1. General information

smart Roadside Assistance (RSA) provides you with assistance 24 hours a day, 365 days a year in case of vehicle breakdown, accidents, vandalism and parts theft.

2. Duration

RSA is available from your Vehicle's initial registration date or the date of your Vehicle delivery, whichever occurs first. RSA is valid up until the due date for your Vehicle's first service as specified by smart. If your Vehicle's first service is provided by a smart Authorised Service Partner, RSA will be renewed until the due date for your Vehicle's next service as specified by smart. RSA will renew in this way after each service for up to 8 years or up to 100,000 miles, whichever comes first.

3. RSA Geographical Zone

The geographical scope of the RSA includes the following countries: valid in Germany, France, Italy, Spain, Portugal, Netherlands, Switzerland, Austria, Belgium, UK, Iceland.

4. Scope

4.1 Assistance under RSA can be requested in the following cases, subject to the exceptions listed in 4.3:

• cases of technical breakdown which make your Vehicle undrivable for technical or legal reasons;
• cases of accidents/vandalism/parts theft which make your Vehicle undrivable for technical or legal reasons;
• cases of temporary immobilisation, for example due to incorrectly installed snow chains or due to being stuck in snow/mud/frozen road, provided that this occurs while driving on a public road; and
• minor mishaps, such as cases of lost keys or flat traction battery.
• For more information, see the Warranty & RSA Booklet (see attachment in section V.3).

4.2 The following is covered by RSA, subject to the exceptions in 4.3:

• on-site assistance: minor repairs at the breakdown location, if possible;
• towing: towing to the nearest smart authorised Service Partner;
• replacement vehicle: for the duration of the repair, but limited to 3 working days; the type and model of the replacement vehicle will depend on availability and can be chosen by smart;
• flight/train: as an alternative to the provision of a replacement vehicle, smart will cover up to €400 . The price limits for mobility services are given in euros and converted into the respective national currency according to the current exchange rate at the time of the currency conversion) per passenger in your Vehicle if you have to continue your journey by plane or train
• hotel: overnight stay in a hotel room per each passenger in your Vehicle for the duration of the repair work, up to a maximum of 3 working days and up to a maximum sum of €400 . The price limits for mobility services are given in euros and converted into the respective national currency according to the current exchange rate at the time of the currency conversion;
• vehicle return: if your Vehicle has not been rendered drivable again within 3 working days, upon request, smart will organise the return of the vehicle to a smart authorised Service Partner of your choice free of charge. The return of the Vehicle is carried out using consolidated transport. The time needed may vary depending on distance and location. If the Vehicle has been rendered drivable again within 3 working days, you must collect the Vehicle at your own cost.

4.3 RSA does not cover damages or breakdowns:

• caused by deliberate action or negligence;
• caused by a breach of applicable laws;
• changes to the Vehicle or the installation of car parts and/or accessories that are not approved by smart;
• caused by repairs not carried out in accordance with the smart's specifications;
• resulting from participation in motorsport competitions, military exercises, disaster relief work, or similar activities and events;
• resulting from acts of war, internal unrest, earthquakes, or force majeure events of any other kind;
• resulting from faults the existence of which you were aware. Furthermore, the smart RSA does not apply to unregistered Vehicles or Vehicles with transfer or workshop license plates.

5. Limitation of liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, smart are not legally responsible for any:

• losses that were not foreseeable to you and us when the contract was formed;
• losses that were not caused by any breach on our part;
• business losses; or
• losses to non-consumers.

V. General information

1.1 Any notice you send to smart in accordance with these ISP Terms must be in writing and sent to the CEC via the email address hello@support.smart.com. Alternatively, you can use the contact form at https://uk.smart.com/en.

1.2 Any claims you have against smart are non-assignable and non-transferable.

1.3 Any changes to these ISP Terms must be made in writing.

1.4 The laws of England and Wales apply to these ISP Terms. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

VI. Attachments

1. ISP Overview for customers
2. Owner’s manual
3. Warranty & RSA Booklet: (provided to the Customer by other means)

Version: 26 March 2024
V4.2