1. This Provisional Booking Order ("PBO") is issued by the Authorized Dealership of Master Auto Engineering PVT.LTD ("MAE"). The term "Applicant" wherever used shall mean an individual or a company who has applied for booking of a MAE Vehicle. The term "Dealership" whenever used shall mean the authorized dealership of MAE. The term "Vehicle" shall mean the Chery automobile booked by the Applicant through this PBO and shall include all optional items, accessories and other articles offered/supplied with the Vehicle at the time of delivery.
2. This PBO is subject to confirmation from MAE. This PBO once submitted to MAE and accepted by MAE shall not be altered or transferred. However, MAE shall have the right to cancel this PBO without assigning any reason.
3. The term "Price" wherever used shall mean the retail price (ex-factory price) inclusive of all charges, levies and taxes applicable from time to time. The Price mentioned overleaf is provisional and subject to change without notice and "the Price ruling at the time of delivery of the Vehicle shall apply". MAE may, without notice, alter the Price of the Vehicle on account of Government taxes and/or levies and/or currency fluctuations, or any other reason including but not limited to Force Majeure mentioned in clause 15. Such revisions in Price shall be borne by the Applicant. The Applicant agrees and undertakes to pay taxes, fees and other charges etc. or any other levy of whatsoever nature as may be levied from time to time by any government authority, local body or other organization or agency at the time of the delivery of the Vehicle or otherwise. All such amounts shall be paid as and when indicated by MAE and MAE's communication in this regard shall be conclusive and binding on the Applicant. The status of the Applicant at the time of invoicing shall be used to determine the final payment due by the Applicant in order to be eligible for delivery of the Vehicle.
4. The delivery month indicated overleaf is tentative and may change without prior notice. MAE shall make reasonable endeavors to deliver the Vehicle by the end of tentative delivery month but shall not be held accountable for any delay in the delivery of the Vehicle. MAE reserves the right to make a change in delivery month without assigning any reason, this may include the events of Force Majeure mentioned in clause 15 or any change in government policies or practices. The delivery shall be made through the concerned Dealership. Partial or inadequate payment by the Applicant may also affect or prolong the delivery period of Vehicle
5. The Applicant must confirm the color choice at the time of the booking; any request for color change after issuance of this PBO shall only be entertained by MAE if made up to thirty (30) days prior to the beginning of the Tentative Delivery Month indicated overleaf. However, delivery will be made subject to availability of color and MAE reserves the right to deliver the vehicles in any available color.
6. MAE's pre-delivery inspection of the Vehicle at its factory shall be final and conclusive for all purposes. All risk of damage or defect, other than that covered under the standard warranty by MAE (the "Ownership Risks"), as well as the title of the Vehicle, shall stand transferred to the Applicant on the date the Vehicle is dispatched from MAE's premises under a third-party insurance and transportation arranged, and fully paid for on behalf of the Applicant, by MAE. However, in case of an open stock transfer to MAE's or its Dealership's retail facility, the Ownership Risks and title of the Vehicle shall stand transferred to the Applicant on the date of delivery to the Applicant. No third-party inspection of the vehicle on the premises of the Dealership is permissible at any time
7. The Vehicle, once delivered to the Dealership / Applicant, will not be taken back by MAE for any reason whatsoever. In the event that a Applicant has been informed about the delivery date and is unable or unwilling to take the delivery of the Vehicle after dispatch of the Vehicle from the factory to the Dealership, MAE or the Dealership will hold custody of the vehicle on behalf of the Applicant for up to fifteen (15) days or any further time period allowed by the MAE on its sole discretion ("Holding Period"). Any damage to the Vehicle during the Holding Period shall be on the account of the Applicant. Failure of the Applicant to take delivery during the Holding Period shall entitle MAE to deal with the Vehicle in any manner deemed fit at its sole discretion.
8. Payment shall be accepted only through BANK DRAFT / PAY ORDER or any other banking payment mode as advised by MAE in favor of Master Auto Engineering (PVT) LTD on account of the Applicant. The name of the Applicant must be the same as that used on the PBO form. The booking / deliveries shall be subject to full realization of outstanding payment at the time of Vehicle delivery
9. The difference in Price, if any, between the Price at the time of booking and the Price at the time of invoice shall be payable by the Applicant. Any delay in making outstanding payment will lead to Applicant default for which MAE may charge service charges.
10. The booking of the Vehicle can be done on the Partial Payment fixed by MAE if the tentative delivery month of the vehicle is more than 2 months from the Booking Date of the PBO. The Applicants are to pay the balance amount 15 days before the start of Delivery month ("Payment Due Date"). If the Applicant pays any additional payment over and above the required partial payment before the Payment Due Date on his/her own discretion, he/she is not entitled for any interest/mark up on days prior to Payment Due Date. In case the Applicant fails to pay the balance amount within the due Payment Period, the Applicant acknowledges that MAE will consider the order "Defaulted". In case of default, Applicant agrees to waive his right of any penalty payment on account of delay delivery. MAE may also cancel the order with Cancellation Charges as prescribed in clause 11 and refund the amount paid by the Applicant.
11. If the Applicant wishes to cancel the booking at any time before the dispatch of the Vehicle, the Applicant may do so by submitting a written application along with the original PBO to the concerned Dealership, which shall forward the same to MAE. MAE will refund the amount paid by the application after deducting (i) cancellation charges (inclusive of the service charges) i.e. 5% of total amount on full payment and 10% of total amount on partial payment and (ii) any taxes & duties deposited by MAE on behalf of the Applicant to the government that are not recoverable by MAE from the government under the prevailing provisions of the law at the time of the refund. The net payable amount will be paid to the Applicant by MAE through the Dealership. MAE reserves the right to refuse any application for cancellation which is not accompanied by the Applicant's copy of the PBO in original.
12. MAE's interpretation of these terms and conditions shall be final and binding on each party. MAE reserves the right to change/alter the terms and conditions of this PBO
13. In case of any dispute between the Applicant and MAE/Dealership, both parties shall try to resolve the dispute amicably. In the event that no amicable settlement can be reached, it is agreed that the dispute shall be initially mediated through a mediator appointed by the management of MAE. In the event of unsuccessful mediation, it is agreed that the dispute shall be finally settled by arbitration under the Arbitration Act 1940 of Pakistan. The seat of arbitration shall be Karachi.
14. MAE may, without notice, make alterations to the design, color and construction specification of the Vehicle.
15. Force Majeure, for the purpose of these terms & conditions, shall mean any events and/or circumstances beyond the reasonable control of MAE (directly or indirectly) which adversely affect the performance of MAE's obligations under these terms and conditions. Such event shall include without limitation, an act of God, natural disasters, pandemics, strikes or lockouts, social conflicts, or any Governmental or Legal restriction.
16. The information provided by the Applicant as it appears overleaf has been provided on his/her own responsibility and without any verification by MAE nor is there any obligation on MAE to verify the same. MAE is and shall be entitled to consider the information provided as correct and sufficient for all purposes, including but not limited to, the purposes of correspondence/communication. Any notices/letters/SMS sent at the given address and/or phone number shall be deemed to have been delivered correctly in due course. Non-receipt of letters, correspondence/communication shall not be considered an excuse for delay in payment. Incomplete forms may be rejected at the sole discretion of the Dealership /MAE. MAE may use the Applicant data for the purposes of communication and improvement of its services and may disclose the same to the extent that is required by law, in connection with any legal proceedings, or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
