Terms And Conditions For Booking Of Order/Purchase Of Tata Nano Car

Terms and Conditions

The Tata Nano Car will be produced in Nano, Nano CX and Nano LX variants. In order to plan production of Tata Nano Cars and to effect its delivery to the customer during the year, the bookings are being invited from the customers. The total bookings will be accepted for a production not exceeding 100,000 Tata Nano Car.

The bookings will open from 9th April 2009 and shall remain open upto 25th April 2009. The Applicant would be able to make an Application for the Tata Nano Car only through a valid Application Form submitted during this period.

Application
1. Acceptance of bookings/advance payment by Tata Motors Limited ("Tata Motors") is merely an indication of an intention to sell and does not result in a contract of sale. The Applicant agrees that Tata Motors shall not be deemed to have accepted the Application of the Applicant or be bound by the Application until Tata Motors notifies the Applicant of its acceptance of the Application subject to the terms and conditions, contained herein.

2. The Application Form should be filled only in English using BLOCK LETTERS. It may be filled in by hand using ball-point pen.

3. The Application Forms are available at select State Bank of India ("SBI") branches(details available on www.tatanano.com), Westside Stores, Croma Stores and Tata Motors Passenger Car Dealerships. These are authorised by Tata Motors. The Application Forms are also available at designated branches of preferred financiers.

4. A Person will be able to apply for only a single Tata Nano Car and Tata Motors would allot only one Tata Nano Car per Person to be selected in accordance with the procedure set out in 3 (a). ?Person? means and includes any Individual / Firm / Proprietorship/ Company etc. Tata Nano Car can be ordered by Individuals / Firms / Proprietorships / Companies etc. The Application Form is non-transferable and only the Applicant would be eligible to the Allotment if successful. Tata Motors reserves the right to discard all duplicate applications.

5. The Application Form, complete in all respects and accompanied by the necessary Demand Draft / Pay order/ Local Cheque, has to be submitted to any one of the locations mentioned in 1(c) on or before the last date of the booking i.e. 25th April, 2009. Incomplete or incorrect Application Forms will be rejected. Photocopy or duplicate Application Forms in any form will not be accepted. An incomplete Application Form will not, in the first instance, be accepted by the locations mentioned in 1(c). In any event, if any incomplete Application Form is accepted through inadvertence or oversight, Tata Motors reserves the right to reject the same at the later stages of Application process. In case of payments made by cheque / pay order / DD the validity of Application will be subject to realization of the instrument.

6. Tata Motors will not accept any Application Form directly from the Applicants. Any Application Forms sent to Tata Motors directly and received by it will not be considered and shall be liable to be rejected.

7. Upon submission of Application Forms to the locations mentioned in 1(c), the Applicant must retain the Applicant?s copy of the Application Form duly signed and stamped by the notified SBI Officer at all authorised outlets as a proof of having submitted the said Application Form.

8. The Applicants should indicate the Tata Motors Passenger Car Dealership nearest to his/her address, from where the Customer would like to take delivery of the Tata Nano Car, in the event of Allotment of a Tata Nano Car to him subject to the terms and conditions set out herein.

9. The Applicant should provide the Income Tax PAN number in the Application Form in the absence of which the Application Form is liable to be rejected. In case the Applicant does not have an Income Tax PAN number he should fill Form 60 or Form 61 and submit it along with the Application Form.

10. The Applicant is not entitled to transfer the Application or subsequent successful Allotment to any other person. Any changes in the particulars relating to the Applicant?s address, preferred Tata Motors Passenger Car Dealership for delivery of Tata Nano Car, etc. will not be accepted by Tata Motors.

11. The Applicant must quote the Unique Identification Number mentioned in the Application Form for the purposes of all future communications, concerning the Application and / or Allotment of Tata Nano Car.

12. The Applicant must fill in the details of a photo ID proof (Pan Card/Voter ID Card/Driving License/ Passport) and attach a photocopy of such photo ID proof with the Application Form, the original of which will be required to be produced at the time of taking delivery of Tata Nano Car. In case customer does not have any of the above-mentioned proofs, he should submit copy of any other valid photo identity proof duly attested by a gazetted officer and mention the details of the same on the form. In case of online payment, the details are to be filled at the relevant section and will have to be produced at the time of delivery. If the Applicant fails to comply with these conditions, Tata Motors reserves the right to deny the delivery of the Tata Nano Car.

13. Any information of the Applicant may be shared with the government if Tata Motors is called upon by any authority to do so or as may be prescribed under applicable law.

Payment of Booking Amount
1. The booking amount applicable for the Tata Nano Car variants will be as mentioned below for all cities and all colours. Such Payment by way of Demand Draft / Pay order / Cheque (all payable locally and subject to realization in case of cheque) should be made to the notified locations in 1(c) drawn in favor of "Tata Motors Limited.-A/c Tata Nano". The city must be written on the reverse of Demand Draft/ Pay Order/ Cheque, along with the Application Form number and Applicant?s name. The booking amount has been rounded off after factoring all variables and excludes Central Excise Duty, CST / VAT, other Central/ State local taxes and levies and transportation charges . The Booking amounts for Nano /Nano CX / Nano LX are as follows: INR 95,000 / INR 120,000 / INR 140,000.

2. Tata Motors retains the right to change the Bharat stage 2 / 3 preference of Applicant based on any regulations / local directives based on the city selected. Color and variant choice is an indicative preference. Tata Motors will try to match the Applicant preference on best effort basis. Delivery of the variant color preference given by the customer may be affected by production constraints. In case Tata Motors is not able to match the preference (including color or variant choice), Tata Motors will alternatively offer to the applicant other available variant. Differential amount applicable thereof will be adjusted at the time of the delivery.

3. The booking amount will be accepted only by way of a single Demand Draft/ Pay Order/ Local Cheque and not through multiple instruments.

4. Please ensure that the booking amount is correct and corresponds to the variant selected. In case of any variance, the Application Form is liable to be rejected.

5. Ex-Showroom price of the Tata Nano Car will vary depending upon the variant and color choice and the city where the delivery is to be made. The ex-showroom prices applicable to your city on date of booking will be available at the Tata Motors Passenger Car Dealerships and www.tatanano.com.

6. The prices of Tata Nano Cars to be delivered to the 100,000 successful Applicants (called "Allottees"), who will be selected by way of the allotment process as set out in 3 (a), will remain same as declared on its date of commercial launch till the completion of the deliveries to the Allottee. No interest will be paid to the Allottees till the date of delivery of the Tata Nano Car or cancellation of the Allotment, sought by the Allottee whichever is earlier. However, any increase in price of the Tata Nano Car caused solely and directly on account of regulatory or other legal requirements shall be chargeable to the Allottee and Tata Motors reserves the right to increase the price of Tata Nano Car to such extent so as to include the actual excess costs incurred on account of such legal or regulatory requirement .

7. Central Excise Duty, Cesses, CST / VAT, other Central/ State local taxes and levies and transportation charges payable will be as applicable on the date of delivery.

8. Tata Motors shall have the right to revise the specification, standard fitment and or accessories for the Tata Nano Car or introduce its improved versions of the variants, allotted to the Allottees, which will be binding on the Allottees.


Process for Selection of Successful Applicants for Allotment
1. All valid Applications will be considered for the selection of the Allottees through the process using the computerized pseudo random number generation technique ("Allotment Process"). Tata Motors will select 100,000 Allottees through this process for the delivery of Tata Nano Car in the first phase ("Allotment"). This process would be executed by Tata Motors along with independent observers. All Allottees would be informed of a three month (approximate) delivery period. Tata Motors will not be responsible if delivery of the Tata Nano Car is delayed beyond the indicative delivery period due to any reason beyond its control. In such case, Tata Motors will intimate the revised delivery period to the Allotees. [As stated in 2 (f) above], Tata Motors will not be liable to pay interest or any other compensation to the Allottees in such cases.

2. The Allottees, selected through the Allotment Process, shall be notified on Tata Nano website and by way of letters on the address, mentioned in the Application Form. The Allotees can also contact Tata Motors Passenger Car Dealership indicated for the purpose of taking delivery. Tata Motors would not be responsible for delay/ non-receipt of communication by Allottees due to incorrect address, given in the Application Form or otherwise.

3. Tata Motors reserves the right to sell up to 10% of its production of TATA Nano Car at its own discretion and not by way of the application process set out herein.


Option for Retention of Booking
1. The unsuccessful Applicants will have the option of intimating to Tata Motors about their willingness to retain their booking for delivery of Tata Nano Car after the completion of deliveries to the Allottees by filling in the appropriate box in the Application Form. Tata Motors will prepare a list of Applicants falling under this category using the result of the Allotment Process, used to select the successful Applicants and intimate them the priority number for the delivery of the car which shall be generated through the process using the computerized pseudo random number generation technique. Such Applicants would be informed of a six-month period in which the actual delivery shall take place.Tata Motors will pay an interest at 8.5% per annum in case period of retention is greater than one year but less than 2 years and 8.75% per annum, in case period of retention is greater than 2 years, on such retained amount from the date of allocations.

2. The unsuccessful Applicants who declare to retain their booking amount and whose booking amounts are retained by Tata Motors will be termed as "Retainees". These Retainees will be given Allotment of Tata Nano Car prior to the next booking and allotment cycle and, as stated above, will be informed of the approximate delivery period of Tata Nano Car by Tata Motors after keeping in view the anticipated production for subsequent years. Tata Motors reserves the right to decide the number of Retainees.

3. The applicable price for the Tata Nano Car for the Retainees will be notified along with the notification letter of the actual date of delivery by Tata Motors. This applicable price may vary from the price announced on the date of launch.


Refund to Unsuccessful Applicants
1. Tata Motors will refund the booking amount to all unsuccessful Applicants, {i.e. excluding those selected as per clause 3 (a) and those opting for retention as per clause 4(a)}, without interest, not later than three months after the date of closing for the booking of Tata Nano Car.

2. The refund will be made only to the Bank Account Number mentioned in the Application Form. Tata Motors will not be responsible for any delay resulting due to incorrect Bank Account Number furnished by the Applicant

3. Applicant is advised to enclose one cancelled cheque of the Account in which he/she wants refund money to be credited, in case refund is given through electronic credit, at the option of the bank, for faster refund.

4. The Bank Account Number and all other confidential information provided by the Applicant will be used by Tata Motors and/or its Service Provider solely for the purposes of the Application Process and refund if applicable and shall remain confidential with Tata Motors and or its Service Provider at all times unless necessary for the application process.


Deliveries
1. Delivery of the Tata Nano Car will be made by the Tata Motors Passenger Car Dealership set out in the Application Form by the Allottee/Retainee. Tata Motors may at its option change the Tata Motors Passenger Car Dealership for the purposes of the delivery of the Tata Nano Car.

2. The said Tata Motors Passenger Car Dealership will advise the approximate delivery date to the Allottee/Retainee as soon as the communication is received from Tata Motors. The Allottee/Retainee will be required to make the balance payment towards the price within 10 days before the scheduled date of delivery as communicated by the said Tata Motors Passenger Car Dealership.

3. Subject to the availability of the Tata Nano Car, the sales and deliveries of the same will be made to the Allottees/Retainees in accordance with the procedure prescribed by Tata Motors herein.

4. The Allottee/Retainee will have to produce the original of the proof of identity, mentioned in the Application Form for verification and submit the original Allotment Letter in terms of clause 3 (b) and Allottee/Retainee?s copy of the Application Form duly signed and stamped by the SBI Officer, while taking delivery of the Tata Nano Car, failing which Tata Motors reserves the right to cancel delivery, treating the booking as invalid and cancelled. In case of loss of Allottee/Retainee's copy, the booking will stand cancelled and refund will be processed as per the terms set out herein.

5. Upon sale of the Tata Nano Car to the Tata Motors Passenger Car Dealership (for the purpose of onward sale and delivery to the Allottee/Retainee), the Allottee/Retainee authorizes Tata Motors to retain the advance amount standing to the Allottee/Retainee?s credit and such payment will be adjusted against the monies payable by the Tata Motors Passenger Car Dealership to Tata Motors for the sale of the Tata Nano Car to the Tata Motors Passenger Car Dealership.; and the Allottee/Retainee agrees to pay the balance of invoiced price of the Tata Nano Car to the Tata Motors Passenger Car Dealership before taking delivery of the Tata Nano Car.

6. Upon the aforesaid adjustment, the Allottee/Retainee shall not have any claim whatsoever against Tata Motors towards the aforesaid sum (save and except in such situations where the advance amount referred to in (e) above is greater than the price of the Tata Nano Car).

7. In the event of any unforeseen circumstance, delivery period may be subject to change. This will be informed to the Allottees/Retainees directly by Tata Motors. No interest will be paid by Tata Motors in respect of deliveries which are delayed beyond the period specified by Tata Motors.



Cancellation
1. An accepted booking can be cancelled any time by the Allottee after receiving intimation from Tata Motors in terms of clause 3(b) above. Such Allottee has to register a cancellation request at the call centre and also submit a written notice of cancellation (mentioning the cancellation code given by call centre) at the Tata Motors Passenger Car Dealership selected in the Application Form for taking delivery of the Tata Nano Car. The written notice should be accompanied with original Allotment Letter in terms of clause 3 (b) and original Allottee?s copy of the Application Form duly signed and stamped by the SBI Officer. On Cancellation, the payment made by the Allottee will be refunded by Tata Motors, within 30 days of the request for cancellation, after deduction of cancellation charges of INR 2999/- only to the Bank Account Number mentioned in the Application Form.

2. In case of cancellation by Retainees, in terms of clause 4 (a) above, the process of cancellation remains as mentioned in clause 7(a). The retained amount will be refunded only to the Bank Account Number mentioned in the Application Form. The accrued interest would be paid as a cheque in name of the Retainee and sent to the Retainee?s address mentioned in the Application Form.

3. The Allottees/Retainees will be charged cancellation charges of INR 2999/-. However no cancellation charges would be levied if the cancellation request is made within 30 days from the date of announcement of Allotment.

4. A booking once cancelled cannot be reinstated.

5. In case of request of cancellation by an Allottee/Retainee where the delivery of the Tata Nano Car has been delayed beyond the quarter in which the Tata Nano Car was scheduled to be delivered as per clause 3(a) above, the Allottee/Retainee will also be entitled to an interest at the rate of 6% per annum for a period starting from the date of Allotment to the date on which the request of cancellation is made. The payment made by the Applicant will be refunded by Tata Motors, within 30 days of the request for cancellation along with the accrued interest up to the cancellation date. Cancellation charges will not apply in cases of cancellation pursuant to this clause (e).

6. In case of the Allottees/Retainees, who have obtained finance from the preferred financiers for depositing the booking amount, the written notice of cancellation of booking to Tata Motors must be routed through the financier concerned. Tata Motors will then route the refund through the concerned financier within 30 days of the request for cancellation.

7. No request for cancellation will be accepted till the 60th day from the date of closure of booking.

8. In case of cancellations by the Allottee in the first phase, the next Applicant in line with the same combination would be selected for delivery of Tata Nano Car in place of such cancelled Allotment.


Preferred Financiers
1. Tata Motors has designated certain preferred financiers mentioned as such on www.tatanano.com

2. The financier fields need to be carefully filled by the preferred financier starting from the first section.

3. The refund details of preferred financier would be filled in the relevant section. Also the full postal address of the preferred financier is to be filled.

4. The preferred financier reserves the first right in relation to the claim to the booking amount financed by it. Subject to the terms of the agreement between the preferred financier and the Applicant, the preferred financier is entitled to send a cancellation request to Tata Motors subject to the process outlined in section 7 in the event of any default by the Applicant.

5. Tata Motors will not be responsible for the terms and conditions between Applicant and preferred financier. Any error by the preferred financier will be attributable to it and Tata Motors shall bear no responsibility in relation to the same. Further Tata Motors is not responsible if in any circumstance the financier is unable to submit the Application Form at the designated centres within the booking period.

6. Tata Motors would make reasonable efforts to inform the preferred financier of all communications with the Applicant in case of unsuccessful allotment, allotment, retention, delivery or cancellations.


General
1. The amount paid by the Applicants for the Application Forms is non-refundable.

2. Tata Motors or SBI will not be responsible for delay, loss or non- receipt of Application Forms, Demand Drafts, Pay Orders or any Payment sent to Tata Motors or SBI through post, courier or any other form of submission not contemplated herein.

3. Booking from minors will not be accepted

4. Booking is open only for the Indian residents

5. Tata Motors or its Tata Motors Passenger Car Dealerships will not assume any liability for any inability or failure on their part in executing any order registered by any Applicant on account of any causes, constituting a force majeure or otherwise, beyond their control.

6. In event of demise of Allotee, the booking / Allotment / retention stands cancelled and will be refunded as per refund account mentioned.

7. Any dispute relating to enforcement, interpretation or application of these terms and conditions will be subject to Courts at Mumbai alone to the exclusion of all others.

8. Tata Motors reserves the right to alter any terms and conditions/ or the process itself clause at its sole discretion as and when considered necessary. Tata Motors will make reasonable efforts to keep Applicant informed as soon as possible.


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Online Booking
Offline Booking
Filling of Application form
Submission of Application form
Payment
Preferred Financiers
Allotment of Car's
Retention
Refund of Amount
Deliveries of Nano
Booking Cancellation for Nano
Refund on Cancellation
Terms and Conditions