TERMS & CONDITIONS
Abuyer (“Buyer”) of UM motorbikes (“Bike”) including Bike booked online on this Website and sold in India by UM Lohia Two Wheelers Private Limited (“Seller”), by clicking “I Agree”, agrees to each of the following terms and conditions:
For booking the Bike, the Buyer shall pay online on the website, a sum of Rs. 10000/- (Rupees Ten Thousand) as booking amount. Booking Amount will be adjusted in sale consideration of the Bike. Buyer agrees to pay remaining sale consideration of the Bike on or before the Delivery date. Bike will be delivered only upon receipt of entire sale consideration by the Seller in cash or in its bank accounts.
Invoicing and documentation for the Bike shall be done at the time of delivery of the Bike.
First 500 Bikes booked online from 10th May onward shall be delivered during the month of Aug 2016. Second 500 Bikes booked online shall be delivered during the month of Sept. 2016. The Seller shall take reasonable endeavors to follow the provided timelines and deliver the Bike within the specified period. However, they may be a delay in delivery due to reasons beyond the control of the Seller and under no circumstances shall the Seller be held liable for any delay or failure resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including strikes, lockouts, shortage or non-availability of spare parts, labour, material or machinery, delay in shipment of consignment/ material/ parts, internet failures, computer¸ telecommunications or any other equipment failures, electrical power failures, labor disputes, riots, insurrections, civil disturbances, fires, flood, storms, explosions, acts of God, earthquake, tsunami, cloud burst, terrorist attacks, war¸ governmental actions¸ orders of domestic or foreign courts or tribunals or non-performance of third parties. Upon becoming aware of a potential delay in delivering, the Seller shall notify the Buyer, the revised date of delivery.
Place of Delivery
The Bike will be delivered to the Buyer at the nearest dealership or such other place as notified by the Seller on the website at the time of confirmed booking. If the Buyer requires delivery of the Bike at any place other than the notified place, then the Seller shall charge delivery and freight charges, payable by the Buyer 100% in advance and in such cases, delivery (including condition of delivery and delay in delivery) will be at the risk and cost of the Buyer.
The Buyer has right to cancel his/ her booking of the Bike at least thirty days prior to the original delivery date. Upon cancellation of a Bike Thirty days prior to the delivery date, the Buyer shall be entit¬led to claim 50% refund of the Booking Amount i.e.5000 and 50% would be forfeited.The remaining amount shall be credited to the account from which the Booking Amount payment was made within a period of 90 (ninety) days from the date of cancellation. No amount, including the Booking Amount shall be refunded for booking of Bike cancelled within thirty days from the original delivery date and the buyer will have to forfeit all amounts received by it including the Booking amount.
The price of motorbikes specified on the website is ex-showroom price, New Delhi, India. Prices specified are fixed and subject to taxes, change in law, including tax regime/ benefits and other statutory outgoing¬s. Seller reserves right, exercisable at its sole discretion, to increase or decrease the price/ cost of its motorbikes in India including the Bike, and/or discontinue any of its motorbikes including the Bike or any specific color of its motorbikes including the Bike, without prior notice to any person and/or without assigning any reasons.
- The Buyer agrees that it is Buyer’s own and independent decision to book/ purchase the Bike, taken by him/ her after due research and consideration in this regard and the said decision is not influenced by any factors including any endorsement, advertisement, and/or marketing of the Seller of its motorbikes, including the Bike in India. To the best of its knowledge, the Seller has, in relation to the motorbikes, including the Bike, disclosed all information requested for by the Buyer from the Seller and no information requested for by the Buyer has been willfully concealed from him/ her.
- The Seller does not independently screen profile of the Buyer nor verify the personal information of the Buyer or any other aspects of their general background including whether or not they have attained the age to drive two wheelers vehicles in India. The Seller and the UM Group, USA promotes and encourages bikers for safe biking and driving in accordance with and in compliance with the laws of the country in which its vehicles are purchased/ driven. It is up to the Buyer to satisfy and comply with these and the Seller takes no responsibility of the Buyer in this regard. By booking the Bike or by payment of Booking Amount or by registering yourself on our website¸ you, the Buyer, agree that neither the Seller nor or its associates, joint venture partners, shareholders, promoters, directors, officers, agents and/or consultants will be liable for any direct, indirect, incidental, special or consequential damages that may in any way arise here from.
- The Seller shall have no liability for any interruption or delay or technical glitches in the Buyer accessing this website or in the Buyer paying the Booking Amount or use of information provided on or through the website irrespective of the cause. Booking of Bike for which amount is received by the Seller in its designated bank accounts and confirmed by email of the same to the Buyer shall be considered as confirmed booking for the purposes of these terms and conditions and shall be processed by the Seller for delivery.
- Not with standing anything contained herein, in the event any liability of the Seller or its associates, joint venture partners, shareholders, promoters, directors, officers, agents and/or consultants is determined, the same shall not exceed the Booking Amount received by the Seller from the Buyer.
Any misuse of the Bike shall under no circumstances be attributed to the Seller and the Buyer shall be solely responsible for all such acts. The Buyer hereby agrees to indemnify and save the Seller, its affiliates, associates, joint venture partners, shareholders, promoters, directors, officers, agents and consultants harmless¸ from any and all losses¸ claims¸ liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Bike or from its breach of any of the terms. The Buyer hereby further agrees to indemnify and save the Seller¸ its affiliates¸ directors¸ officers and employees harmless¸ from any and all losses¸ claims¸ liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made hereinabove.
- Buyer agrees and acknowledges that the pictures of motorbikes including the one the Buyer has booked, as shown on the website, is for advertisement purposes only and the original may differ from the Bike purchased and actually delivered to the Buyer.
- All disputes arising from or in connection herewith shall be governed in accordance with the laws of India with courts at New Delhi, India having the exclusive jurisdiction.
- If any of the terms herein are declared void or unenforceable, the remaining provisions shall continue in full force. Rights and obligations under the terms which by their nature should survive will remain in full effect after termination or expiration of the terms. Any express waiver or failure on the part of the Seller, to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement in relation to the Seller.
This disclaimer/terms notification is subject to change without notice.