These booking terms (“Booking Terms”) apply to you (hereinafter referred to as “You” or “Your” or “Customer”) and INGNITRON MOTOCORP PRIVATE LIMITED having its registered office at C-5/34, Safdarjung Development Area, Opp IIT Delhi, 110016 and Corporate Office at G-2, ORCHID GLOBAL ARCADE, SECTOR 26, GURUGRAM 122002. India (hereinafter referred to as “DALMIA CYBORG” or “We” or “Us”) when you pre-order YODA ("ELECTRIC MOTORCYCLE") with Us.
By accepting these Booking Terms, You hereby confirm that You wish to pay an advance for DALMIA CYBORG motorcycle which will be set off from the final price of the vehicle at the time of purchase. You understand that We may not have begun manufacturing the Motorcycle at the time of Your pre-order or Motorcycle may still be in development stage. Placing a pre-order does not guarantee that it will be available to You nor does it constitute an offer to sell. However, in case the motorcycle is not allotted to you, the pre-order amount would be refundable in full without any interest. The amount that you are paying does not include any taxes including but not limited to Goods and Service Tax.
Subject to clause 6 below, the pre-order payment is the amount stated in the payment description provided to you in connection with this Booking Terms (“Pre-Order Payment”) and is refundable should you decide not to purchase the motorcycle; subject the conditions that You have not (i) already entered into a purchase agreement with Ignitron Motocorp P. Ltd; or (ii) paid for the MOTORCYCLE in full; or (iii) have already purchased the MOTORCYCLE. This Agreement does not constitute an agreement for the sale of a MOTORCYCLE and does not lock in pricing, a production slot, or an estimated delivery date. This Agreement does not create an obligation on You to purchase a Motorcycle from Us and does not create an obligation on Us to manufacture and sell the Motorcycle. If and when We notify You of the availability of a Motorcycle and You wish to proceed with the purchase of a Motorcycle, such sale and purchase will be governed by a separate and legally binding purchase agreement between You and Us or between You and a dealer authorized by Us.
The price of the Motorcycle and any option pricing may not be available at the time of Your pre-order and, if pricing is available, it is subject to change without any intimation to You until agreed upon in a duly executed purchase agreement.
If You do not wish to enter into a purchase agreement at the time that you are contacted by Us, You will give up your pre-order sequence position completely and/or will be entitled to defer to a later position as determined subject to the conditions below. However, such deferral is permitted only 1 (one) time.). If You do not communicate Your decision to us within ten (10) days of notification, You will automatically be granted such a deferral. This Agreement is not transferable or assignable to another party without the prior written approval by Us. You may also modify the variant or color of the Motorcycle basis the availability anytime however, such modification may change Your priority or pre-order sequence.
We will establish your pre-order sequence position in our sole discretion. We may decline pre-orders to avoid over-subscription, if We are unable to commence shipping of the Motorcycle to Your region or as We deem appropriate in our sole discretion. If Your pre-order is declined, You will be notified and Your Pre-Order Payment will be refunded within 15 working days of such refund being initiated.
We make no representation or warranty of any kind, express or implied, in connection with this Agreement or its subject matter. You hereby disclaim any and all representations and warranties as maybe available to You under applicable law or otherwise, including but not limited to, any implied warranties of merchantability and/or fitness for a particular purpose, quality, course of dealings, usage of trade, accuracy, quiet enjoyment or non-infringement, all of which are expressly disclaimed. In view of Our endeavor to continuously improve and innovate Our Motorcycle, DALMIA CYBORG reserves the right to modify or alter or change the specifications, features, design without any prior written notice and without any liability.
Notwithstanding anything under this Agreement, if We are held liable for any damages related to Your pre-order or this Agreement, Your sole and exclusive remedy will be limited to reimbursement of the Pre-Order Payment paid to Us and you agree that Our cumulative liability whether under tort or contract or otherwise will be limited to the reimbursement of the Pre-Order Payment.
Further, under no circumstances will We be held liable for any indirect or consequential loss or damage, including any and all (a) loss of opportunity (including loss of contract or right to offer or tender); (b) lost opportunity cost; (c) loss of business; (d) reduction or damage to goodwill; (e) damage to name or reputation; (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law or otherwise arising out of our breach of this Agreement, even if We have been advised of the possibility of occurrences which would or might lead to such loss or damages.
This Agreement is governed by the laws of India without regard to its conflict of law provisions. Disputes that arise from the Agreement, and which cannot be settled amicably through mutual negotiation, shall be subject to the exclusive jurisdiction of the courts at Delhi Courts.
INGNITRON MOTOCORP PRIVATE LIMITED reserves the right to change any of the terms and conditions of these Booking Terms at any time. We will provide notice of any material changes by posting an announcement on the official web-site of INGNITRON MOTOCORP PRIVATE LIMITED. You may review these terms regularly to ensure that You are aware of any changes made by us. The continued use of our Website / Services by You, after changes are posted means that You agree to be legally bound by these Terms and Conditions as updated and/or amended. In the case of any violation of these Terms and Conditions or any additional terms posted on Our Website, we reserve the right to seek all remedies available by law and in equity for any such violations.
If any provision of these Booking Terms is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.
Any notice or other communication given pursuant to these Booking Terms must be in English language in writing and should be sent at [email protected]
You shall ensure the compliance of all applicable laws including the applicable provisions of the Information Technology Act, 2000 and its allied rules as amended from time to time.
All personal data accumulated will be acquired, processed and used according to the applicable regulations governing the protection of personal data for the sole purpose of managing and maintaining INGNITRON MOTOCORP PRIVATE LIMITED s own legitimate business interests.
The use of this Website / Service is entirely at Your own risk, and in no event will INGNITRON MOTOCORP PRIVATE LIMITED be liable for any damages, including without limitation direct or indirect, special, incidental, punitive, exemplary or consequential damages, losses or expenses arising in connection with the Website / Service or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, etc. even if INGNITRON MOTOCORP PRIVATE LIMITED or its authorized representative has been advised of the possibility of such damages. To the fullest extent permitted by law, INGNITRON MOTOCORP PRIVATE LIMITED: