TERMS AND CONDITIONS
1. This Provisional Booking Order (``PBO``) is issued by the Authorized Dealer of KIA Lucky Motors Pakistan Limited (``Company``). The term ``Applicant`` wherever used shall mean an individual or a company who has applied for booking of a Company Vehicle. The term ``Vehicle`` shall mean the Completely Built-up Units of the Company and includes the optional items, accessories and other articles offered/supplied with the motor vehicle at the time of delivery.
2. This PBO is subject to confirmation by the Company and shall only become effective thereafter.
3. The Company may without notice make alterations to the design and construction specification of the Vehicle, and/or such alterations in the Vehicle as required by any Federal and/or Provincial legislation. The Company may without notice make amendments to the delivery schedule of the Vehicle and may alter the price of the Vehicle on account of government taxes and/or levies and/or currency fluctuations, or any other reason, such change being outside the reasonable control of the Company, which revisions in price shall be borne by the Applicant. The Company may also transfer this PBO to another
Authorized Dealer without assigning any reason to the Applicant and the Vehicle may be supplied with or without such alterations and change through any Authorized Dealer.
i. The price(s) indicated/advertised are tentative ex-factory prices inclusive of sales tax (excluding other levies and costs, government and local taxes) (the ``Price``).
ii. The Applicant shall deposit with the Company an advance payment of Price in the form of a pay order, demand draft or crossed cheque in the name of the Company on account of the Applicant, within due date specified by the Authorized Dealer and/or the Company.
iii. The remaining amount of the Price shall be paid to the Company prior to the delivery date of the Vehicle. In case the Applicant fails to make payment of the remaining amount of the Price, the Company reserves the right to cancel the order and shall refund the amount paid by the Applicant, less an administrative charge equivalent to 5% of the Price.
iv. The Vehicle shall not be delivered to the Applicant until and unless the Company receives the entire payment of the Price. In the event that the Vehicle is ready to be delivered and the Applicant delays the payment of the remaining amount of the Price to the Company, or does not take delivery of the Vehicle, the Company will hold the Vehicle for fifteen (15) days after the delivery date of the Vehicle and thereafter deal with the Vehicle in the manner deemed fit by the Company.
v. If the Applicant wishes, at any time before the delivery of the Vehicle, to cancel the booking under the PBO, the Applicant may do so by making a written application ( accompanied by the Applicant`s copy of the PBO in original ) to the concerned Authorized Dealer, who will forward the same to the Company. The Company shall refund the amount paid by the Applicant, less an administrative charge equivalent to 5% of the Price, which net amount shall be paid to the Applicant through the concerned Authorized Dealer by means of a crossed cheque in the name of the Applicant within thirty (30) days of the date of receipt by the Company of the Applicant`s written application for cancellation of the PBO. The Company reserves the right to refuse any application for cancellation which is not accompanied by the Applicant's copy of the PBO in original.
5. The Authorized Dealer and the Company shall make reasonable endeavors to deliver the Vehicle by the tentative delivery date, but shall not be responsible for any delays in the delivery of the Vehicle, including but not limited to, any delays occurring due to acts of God or enemy, change in government policies, labor strikes or civil commotion, injunctions granted by courts of law, or for any other reason beyond the reasonable control of either the Authorized Dealer or the Company.
6. No delivery shall be made of the Vehicle unless at the time of delivery, the Applicant has the original copy of the PBO, which shall be surrendered to the Company through the Authorized Dealer at the time of delivery.
7. The information provided by the Applicant as appearing overleaf has been provided on his/her own responsibility and without any verification by the Company or obligation on the Company to verify the same. The Company is and shall be entitled to consider the information provided as true and correct to the best of the Applicant's knowledge and sufficient for all purposes, including but not limited to, the purposes of correspondence/ communication with the Applicant. Any notices/letters sent at the given address shall be deemed to have been delivered in due course of post. Non-receipt of letters,
Correspondence and communication shall not be considered an excuse for delay in payment. Incomplete forms may be rejected at the sole discretion of the Authorized Dealers and/or the Company.
8. No request for change of name shall be entertained.
9. In the case of any dispute between the Applicant and the Authorized Dealer and/or the Company, the matter will be brought to an amicable settlement between the parties. In the event of no satisfactory settlement being reached, it is agreed that the dispute, controversy or difference shall be finally settled by arbitrators, one appointed by each party, in accordance with the Arbitration Act 1940 of Pakistan. The seat of arbitration shall be Karachi. The language to be used in the arbitration shall be English.
10. The Company shall have recourse to any court of competent jurisdiction in the event of a dispute if it so deems necessary for injunctive relief or specific performance of the PBO.
11. 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 th e Vehicle or otherwise. All such amounts as aforesaid shall be paid as and when indicated by the Company and the Company'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.
12. Delay in taking delivery on account of wrong/incomplete address recorded with the Company or change of address not intimated to th e Company in time or due to any other reason whatsoever will be entirely at the Applicant's risk, expense and responsibility.
13. The Applicant hereby understands and acknowledges that the Authorized Dealers are not the agents, personnel or representatives of the Company. The actions and/or representations of the Authorized Dealers shall not, in any future/subsequent correspondence/communication with the Applicant, bind the Company in any manner whatsoever.
14. By signing this PBO, the Applicant hereby represents and warrants that the information provided herein is true and correct to the best of the Applicant's knowledge and, that the Company may rely on such information when processing and/or completing the Applicantâ€™s order. The Applicant accepts, however, that in case any of the information/data provided by the Applicant is false, incorrect or misleading in any manner whatsoever, the Company has the right to immediately cancel/withdraw the PBO, without any prior notice or intimation, and claim damages from the Applicant, if deemed appropriate by the Company.
15. Upon delivery of the Vehicle the Applicant shall sign a delivery acceptance form. Vehicle once delivered to the Applicant shall not be returned to the Company, for any reason or under any circumstances whatsoever. After delivery, the Company will be indemnified against all damages and/or defects found in the Vehicle by any Applicant except to the extent covered by the Company's standard warranty provided to the Applicant by the Company for the Vehicle.
16. Request for variant and color change after booking of the Vehicle will not be entertained at any point in time.
17. The personal information provided by the Applicant, as appearing overleaf, may be collected and stored by the Company on its database and used for the purposes of data collection of its customers. The same may be disclosed by the Company to the extent that it is required to do so by law.
18. Once the PBO signed by the Applicant is received through any Authorized Dealer and accepted by the Company, it is understood that the Applicant has thoroughly studied, understood and agreed to these terms and conditions.
19. The Company's interpretation of the PBO and the terms and conditions contained herein shall be final and binding. The Company reserves the right to alter the terms and conditions of this PBO at its sole discretion