1. This Provisional Booking Order ("PBO") is issued by the Authorized Dealership of Master Changan Motors Limited ("MCML"). The term "Applicant" wherever used shall mean an individual or a company who has applied for booking of a MCML Vehicle. The term "Dealership" whenever used shall mean the authorized dealership of MCML. The term "Vehicle" shall mean the Changan 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 MCML. This PBO once submitted to MCML and accepted by MCML shall not be altered or transferred. However, MCML shall have the right to cancel this PBO without assigning any reason.
3. The term "Price" wherever used shall mean the retail price (ex-showroom 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". MCML 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 MCML and MCML'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. MCML 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. MCML 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 MCML 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 MCML reserves the right to deliver the vehicles in any available color.
6. MCML'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 MCML (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 MCML's premises under a third-party insurance and transportation arranged, and fully paid for on behalf of the Applicant, by MCML. However, in case of an open stock transfer to MCML'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 MCML for any reason whatsoever. In the event that an 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, MCML 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 MCML 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 MCML 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 MCML in favor of Master Changan Motors Limited 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 MCML may charge service charges.
10. The booking of the Vehicle can be done on the Partial Payment fixed by MCML 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, he/she is not entitled for any interest/mark up. In case of default, MCML may cancel the order and apply cancellation charges.
11. If the Applicant wishes to cancel the booking at any time before dispatch of the Vehicle, the Applicant may do so by submitting a written application along with the original PBO. MCML will refund the amount paid after deducting cancellation charges and applicable taxes.
12. MCML's interpretation of these terms and conditions shall be final and binding on each party. MCML reserves the right to change or alter the terms and conditions of this PBO.
13. In case of any dispute between the Applicant and MCML/Dealership, both parties shall attempt amicable resolution. If unresolved, the dispute shall be settled by arbitration under the Arbitration Act 1940 of Pakistan. The seat of arbitration shall be Karachi.
14. MCML may, without notice, make alterations to the design, color and construction specification of the Vehicle.
15. Force Majeure shall mean any event beyond the reasonable control of MCML including natural disasters, pandemics, strikes, social conflicts, or governmental restrictions.
16. The information provided by the Applicant has been provided on his/her own responsibility. MCML may use Applicant data for communication, service improvement, and legal purposes as permitted by law.