DefinitionsDefinitions

For the purposes of this Agreement, the following terms shall have the following meanings:

• “Agreement” means the entire Terms and Conditions of the Genesis Seasonal Care Plan as detailed herein and is not restricted to the General Terms and Conditions Section.

• “Distributor” means a licensed distributor of Genesis vehicles in Canada.

• “Distributor Services” means the following services under the Plan: Tire Storage Service, tire installation services, Seasonal Care Valet Service.

• “Genesis” means Genesis Motors Canada, a division of Hyundai Auto Canada Corp.

• “Genesis Parties” means Hyundai Auto Canada Corp. (including Genesis), and its affiliates and their subsidiaries, parent companies, successors and assigns, dealers, distributors, officers, agents and employees.

• “Owner” means the owner or lessee of a Qualified Vehicle.

• “Plan” means the Genesis Seasonal Care Plan as described throughout this Agreement.

• “Qualified Vehicle” means the Genesis GV80 Coupe for which the period of the Distributor Services is still in effect, and for which the tires and rims currently in use on the vehicle or in storage are OEM recommended.

• “Seasonal Care Valet Service” means the Valet service offered under the Plan.

• “Storage Service Period” means the 5-year period during which a Distributor may store a set of tires and rims under the Plan.

• “Tire Storage Service” means the mounted tire storage service offered under the Plan.

Details of the PlanDetails of the Plan

The Plan consists of the following products and services which are delivered to Owners through Distributors as agents of Genesis:

• One set of 20” x 9.5” Michelin X-Ice Snow SUV winter tires;

• One set of Premium Genesis branded gloss black mounted alloy wheels;

• Five years of tire storage.
o Limit of one tire set of mounted tires.

• Five years of mounted tire installations.
o Available for the duration of the Storage Service Period.

• Five years of valet service for seasonal tire changes.
o Limit of twice per year.
o Consists of concierge service (Distributor will pick up Owner’s Qualified Vehicle within 50km of Distributor to take it in for Distributor Services), and a Courtesy vehicle will be provided to Owner while the Qualified Vehicle is in for Distributor Services.

• Transferability
o Owner may transfer their Distributor Services to a new Distributor under the Plan, for a $50 fee paid to the new Distributor.
o When a Qualified Vehicle is sold as a demo or used vehicle, the pro-rata remainder of the Distributor Services under the Plan is transferable to a new Owner.

The Plan is in addition other standard Genesis services such as Genesis at Home or Complementary Scheduled Maintenance.

The Owner will have the option to have the tires installed on their Qualified Vehicle at the time of delivery, or to have their tires and rims placed in storage to be installed at a later date.

The storage location is subject to the discretion of the Distributor and may be changed from time to time for convenience.

Possible additional fees Possible additional fees

• $50 CAD transfer fee as described above.

• $100 CAD storage fee if items remain in storage beyond the Storage Service Period as detailed in the Limitations and Exclusions.

• For leases, the terms of the lease agreement are applicable to the Plan, including the terms governing Excess Wear and Tear and the associated costs.

Limitations and ExclusionsLimitations and Exclusions

• The Plan is limited to Canada.

• The Plan is restricted to Qualified Vehicles.

• For leases:
o A lessee shall cease to be an Owner when either the lease or Plan period ends (terminates or expires), whichever occurs first. The lessee is provided all the amenities of the Plan while they are an Owner, however, any tires, wheels, rims or any other hardware provided to the Lessee under the Plan shall remain the property of the lessor.
o All returned Qualified vehicles must have OEM recommended tires installed or returned with the vehicle. If both the summer rims and tires and winter rims and tires are not returned at lease-end, then Genesis Finance may issue a lease-end invoice for the full replacement cost to the Owner.

• The Plan cannot be bought or sold without a Qualified Vehicle and cannot be discounted from the price of the Qualified Vehicle when purchased from Genesis.

• The performance specifications advertised for a Qualified Vehicle may change depending on the tires used.

• There is a limit of two tire installations per year. Installation is strictly for placing pre-mounted sets on the Qualified Vehicle. Genesis will not cover the cost of the Owner switching tires or rims which is outside of the Plan.

• The lifetime of tires will vary based on driving habits of the Owner. If tires require replacement, Owners who replace the tires with an OEM recommended set can continue to use the pro-rata remainder of the Distributor Services. If the replacement set of tires is not an OEM recommended set, the Distributor Services are deemed terminated immediately.

• The Storage Service Period begins on the original in-service date of the Qualified Vehicle, regardless of whether Genesis takes the tires into storage immediately or at a later date. Each year will be counted on the anniversary date of the original in-service date. To confirm the original in-service date, the Owner should contact their Genesis Distributor. Storage is available as long at least one of the tire sets used by the Owner (in storage or on the Qualified Vehicle, is an OEM recommended set).

• The Distributor Services under the Plan cannot be renewed. Any agreement between an Owner and a Distributor for continued services after the Distributor Services have elapsed is not a part of the Plan.

• It is the responsibility of the Owner to retrieve the storage items under the Plan from the Distributor by the end of the Storage Service Period. Using the contact information provided by the Owner, the Distributor will provide written notice to the Owner when the Storage Service Period has ended and will provide a second written notice thirty (30) days following the initial notice. The Distributor will charge the Owner a fee of $100 for any period that items are stored for the Owner beyond the Storage Service Period. Any Item in storage which the Owner does not retrieve will be deemed abandoned and forfeited to Genesis sixty (60) days after the first written notice was provided to the Owner. After the sixty (60) day notice period has elapsed, the Distributor will take ownership and possession of the storage items and shall have the sole discretion to dispose of the storage items in any manner. Owners will have relinquished all title and monetary value of the storage items.

• It is the Owner’s obligation to notify the Distributor of any changes to the Owner’s contact information. Genesis Parties will not be responsible if the Owner fails to notify the Distributor of any change.

• If the Plan is transferred to a new Guest, the new Owner will need to provide proof of ownership (vehicle registration) to the Distributor to become the Guest under the Plan.

• Transfer of the Plan to a new Owner will grant the new Owner the remainder of Distributor Services on a calculated pro-rata basis from the in-service date to the date which is 5th year anniversary of the in-service date, but will not renew the time that has elapsed, and will not confer any other items under the Plan. For example, the Storage Service Period will continue to be counted from the in-service date with the original Owner. The New Owner will not be entitled to a new set of rims or tires.

• Warranties are limited to the following:
o The applicable manufacturer warranty in place for the tires at the time of purchase. See applicable warranty for details.
o Manufacturer warranty for Genesis Alloy Wheels. See applicable warranty for details.
o The Mobis Parts Canada Corp. warranty for the Tire Pressure Monitoring System. See applicable warranty for details.
o If an Owner purchases an Appearance Protection Premium Plus Plan or Tire and Rim Protection Plan, the coverage will apply to the Plan. See the applicable warranty for details.

General Terms and ConditionsGeneral Terms and Conditions

Continuing Obligation. Termination of this Agreement will not relieve the Owner of any liabilities or obligations, damages, costs and expenses, claims, legal fees and disbursements owed to Genesis or the Distributor as a result of Owner’s default or failure to adhere to this Agreement.

Limitation of Liability. The liability of the Genesis Parties shall be limited as detailed in this section. The following limitations of liability shall apply to this Agreement to the full extent permitted by law:

THE MAXIMUM AGGREGATE TOTAL LIABILITY OF THE GENESIS PARTIES FOR ANY ACTUAL AND DIRECT DAMAGES INCURRED BY AN OWNER, RESULTING FROM ANY ACTS OR OMISSIONS OF THE GENESIS PARTIES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE CAUSING DAMAGE, FAILURE TO DELIVER, LOSS OR THEFT OR DAMAGE, SHALL BE THE LESSER OF: (i) THE REASONABLE COST TO REPLACE ALL DAMAGED OR LOST ITEMS OR AFFECTED SERVICES WITH ITEMS OR SERVICES IN SIMILAR CONDITION, TAKING INTO ACCOUNT ANY WEAR AND TEAR; (ii) $250 WHERE ONLY DISTRIBUTOR SERVICES ARE AFFECTED; or (iii) $2500 FOR ALL DAMAGED OR LOST ITEMS OR AFFECTED SERVICES.

THE GENESIS PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES SUFFERED BY A THIRD-PARTY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY COSTS OR EXPENSES, LEGAL OR OTHERWISE, RELATIVE THERETO), OF ANY NATURE WHATSOEVER, SUFFERED BY ANY PERSON, FIRM OR CORPORATION, ARISING FROM ANY ASPECT OF THE PLAN OR FROM ANY DELAYS IN IMPLEMENTING SERVICES UNDER THE PLAN, INCLUDING BUT NOT LIMITED TO LABOUR AND WORKMANSHIP INCIDENTAL TO THE PLAN.

THE GENESIS PARTIES SHALL NOT BE LIABLE FOR DAMAGE CAUSED BY THE USE OR OPERATION OF TIRES OR RIMS BY THE OWNER OR ANY THIRD PARTIES.

IN NO EVENT WILL GENESIS PARTIES BE LIABLE FOR AIR LOSS OR CORROSION THAT IS A NORMAL CONSEQUENCE OR TIRE STORAGE.

Severability. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be contrary to law or shall be adjudged by any court or government agency of competent jurisdiction to be invalid, void or unenforceable, such term or provision shall be deemed deleted from this Agreement and the remaining provisions and any application thereof shall continue in full force and effect. Further, the parties agree to substitute for such invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.

Binding Agreement. This Agreement is binding upon the parties, their heirs, executors, legal representatives, successors and permitted assigns and will be construed and interpreted in accordance with the laws of the province of Ontario.

No Waiver of Right. No delay or omission in the exercise of any right or remedy of Genesis on any default by an Owner shall impair such right or remedy or be construed as a waiver. The consent or approval of any act by an Owner requiring such consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of Genesis for any subsequent act of the Owner. Any waiver by Genesis must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

Further Costs. Genesis and the Distributors retains the right to charge Owner for all costs (including legal fees and disbursements) incurred by Genesis or the Distributors in enforcing any of the terms, provisions, or covenants set out in this Agreement.