Terms & Conditions
Last updated
August 23, 2024
1. Price
a) Price quoted is final and is valid for 7 days from the date of contract signing.
b) Accessories, collectibles, and options shall be charged additionally at the price prevailing at the time of invoicing including labour charges and applicable taxes.
c) Charges such as Tax Collected at Source (TCS) and transfer charges are additional, unless agreed upon otherwise at the time of signing of this Contract.
d) Please note that the price quoted for the vehicle is tentative in nature. The final price covering discounts, offers, expected date of delivery, etc. for the vehicle selected by the Buyer will be shared directly by the Seller.
2. Payment
Full Purchase Price shall be paid by the Buyer and all incidental legal and procedural formalities must be completed to conclude the sale. Payment in part or in the form of an advance towards purchase of the vehicle is a mere indication of intention to purchase a vehicle at a future date and should not be construed as a concluded contract for sale. The Seller reserves its right to invoice the vehicle only on receipt of full payment/ release order from Buyer/ finance company.
3. Tax Collected at Source (TCS)
The Tax Collected at Source (TCS) has been calculated assuming that the Buyer has fulfilled the conditions as stated in Section 206CCA, of the Income tax Act and the PAN is in operative. In case the conditions provided in the said Section like filing of Income tax Returns for past 2 years, are not satisfied or PAN has become inoperative, the TCS at a higher rate i.e. 5% shall be applicable.
4. Delivery
The delivery of vehicle shall be given at a location operated by the Seller. If a vehicle is dispatched to any place at the request of Buyer, it shall be done so at the Buyer's risk and cost in every respect. The Seller shall not be held responsible for any incidents that occur during transit of the vehicle by road or on transporter. In case the delivery of vehicle is delayed on the request of the Buyer, the vehicle shall be stored and driven at Buyer's risk and cost, and Buyer would also be liable to pay parking charges for such delayed delivery. The Buyer is aware and agrees that once the vehicle is transferred in his/ her/ their name, the sale cannot be cancelled and no refund shall be provided by the Seller or its associates.
5. Insurance & Risk in Transit
Unless the vehicle is purchased with a fresh insurance policy on the Buyer's name, the existing insurance on the vehicle shall be transferred only after the vehicle is transferred to the Buyer's name. The risk and responsibility during the ownership and insurance transfer period is solely to be borne by the Buyer. The Seller shall bear no responsibility of any incident that arises during this transfer process.
6. General Lien
The Seller shall be entitled to a general lien on vehicles in the possession or in transit till delivery thereof is given to the Buyer for all money for the time being due to the seller either including for similar transaction or on any other account.
7. No Return/Refund After Delivery
It is expressly agreed that once the sale of the vehicle is concluded and the vehicle is delivered to the Buyer, the Buyer is not entitled to any replacement of the vehicle and/ or refund of the purchase money paid to the seller/dealer. Vehicle once sold and registered/ transferred shall not be taken back or exchanged under any circumstances.
8. Dispute
All questions, disputes, or differences whatsoever which may at any time arise between the parties hereto touching this Contract or subject matter or thereof or arising out of on relation thereto shall be referred to a single arbitrator to be appointed by the Seller in accordance with and subject to the provision of Indian Arbitration and Conciliation Act, 1996 or any reenactment and statutory modification thereof for the time being in force. The Award of Arbitration shall be final and binding and the Arbitrator shall not give reasons for this award. The arbitration proceedings will be held at Mumbai in the English Language. The award passed by the Arbitrator shall be final and binding on both the parties.
9. Jurisdiction
Subject to clause 8 above no other court except at Mumbai shall have jurisdiction in any proceedings arising out of or relating to this Contract.
10. Government Regulations
If fulfilment of the part or whole of the Contract is affected or delayed by any regulations/ Statute enacted or passed by the government, all extra charges incurred or caused thereby will be on Buyer's account and delay in delivery shall not be a valid ground for cancellation of Contract.
11. Name Plate, Logo, and Trademark etc.
Any nameplate, identification mark, trademark, logo or symbol or descriptive or instructive marks of any kind applied to the vehicle / goods are the property of the Seller and the Buyer shall not tamper with, obliterate or remove the same. If a High Security Registration Plate (HSRP) is installed, the same shall not be removed/ replaced as per government regulations.
12. Force Majeure
Buyer shall not be entitled to take objections or claim if the delivery or supply of vehicles, optional extras etc. is prevented, hindered or delayed by any shortage of material, strike, accident, lock-out, disorganisation of labor or transport, riot, civil commotion, accident at work, breakdown of Machinery, inevitable or unforeseen event, embargo or restraint of Government, act of God, or any other cause beyond the control of Seller.
13. Declaration of Consent
The Buyer provides consent to the Seller to use personal data such as name, contact details, identification documents, and any other information provided for the purpose of processing. Such information may be provided to authorised third-party providers and government authorities as per requirement.
14. Ownership Transfer
The Buyer agrees that the Seller shall not be held liable for any delays in completing the ownership transfer formalities on account of delay in providing the relevant transfer documents by the Buyer, or delays of whatsoever nature at the registration department.
15. Contractual Obligation
In the event of any contradiction or inconsistency in any prior negotiations and writings and this Contract, mutual contractual rights and the obligations of the Seller and the Buyer in respect of the transaction covered by this Contract shall be governed by and be strictly limited to what is written and printed in this document. Amendments, if any, to the Contract may be made only by a writing signed by both parties.
16. Manufacturer Warranty
The Buyer is aware that any modification in technical, mechanical, or electrical systems of the vehicle will result in loss of any and all applicable warranties, even if the same is carried out as per the Buyer's request at a location operated by the Buyer.
17. Vehicle sold "As is Where is"
Beyond the agreed refurbishment at the time of booking, the vehicle is sold on an "as is where is" basis. The Seller shall not be held responsible for any malfunctions, physical damage or claims whatsoever on the vehicle after the delivery.
18. Order Cancellation Charges
In case of booking cancellation by the Buyer, for reasons not pertaining to the booked vehicle, cancellation charges of INR 1,00,000 (One Lakh only) shall be applicable.
19. Refund
Any refund arising out of excess payment received from the Buyer as per the terms of this contract shall be refunded back to the same bank account from where the original payment was received within 14 days of receipt of refund request. In case the Buyer opts for a loan to fund the purchase of the vehicle, a No Objection Certificate (NOC) is required from the financing company for processing any refund request.