Ather Energy Private Limited, a company incorporated under the Companies Act, 1956 and having its registered address at 3rd Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560064 (hereinafter referred to as “Ather®” or “We” or “Our” or “Us”) offers booking of the Ather branded electric two-wheeled vehicles (“Vehicle”) to customers (hereinafter referred to as “Customer” or “You” or “Your”) either by itself or through its authorized retail partners (“Retail Partner”), subject to these Ather Branded Electric Vehicles Booking Terms (“ Terms”).
Please read and understand these Terms carefully. In the event these Terms are not acceptable to You, or You are a person who is not competent under the applicable laws to enter into these Terms, please do not proceed with the Booking. Subject to these Terms, impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies published by Ather on its website (from time to time).
By placing this Booking, You express an interest to purchase the Vehicle and pay applicable amount (“Amount”), towards placing such Booking.
Ather or our Retail Partner may communicate the estimated delivery period for the Vehicle and shall make all commercially reasonable efforts to deliver the Vehicle within the specified delivery period as provided for on Ather’s website or as communicated by Ather or its Retail Partner at the time of accepting these Terms. Any change or delay in the delivery period shall be notified to You by Us or our Retail Partner as the case may be. We or Retail Partner will not be liable for any claims, damages, losses, costs or expenses incurred/suffered by You due to delay in delivery of the Vehicle for any reason whatsoever. Parties hereby agree that time is not of essence in these Terms. If You are unable to take delivery within the specified period, Your booked Vehicle may be made available for sale to other customers. The Vehicle shall be delivered to You only upon completion of the formalities and receipt of Final Price of the Vehicle.
The Booking is for the sale of Vehicle only to You and You shall not transfer or assign any rights associated or granted to You under these Terms to any third party. Ather and its Retail Partner shall have a right to assign any or all of its rights and obligations under these Terms to any of its affiliated entities without obtaining Your prior written consent.
Post Booking, Ather or its Retail Partner or its authorized representatives may conduct an inspection at the location provided by You, for installation of the Vehicle charging equipment if specifically requested by You. The installation of the Vehicle charging equipment may entail additional costs to You, as may be determined by Ather or its Retail Partner and informed to You, during such inspection or at the time of installation. You shall be responsible to procure all permissions, permits and/or any other requirements under applicable law, including requirements under apartment association byelaws, housing society rules etc., for the installation of the Vehicle charging equipment at such location.
These Terms are only applicable to Booking of the Vehicle. You acknowledge that purchase of the Vehicle will be subject to such additional terms and conditions as may be provided by Ather (collectively, “Purchase Terms”). You shall be required to agree to such Purchase Terms prior to making full payment of the Vehicle.
In the event of failure of delivery as per the Delivery Schedule communicated to You, Ather or its Retail Partner will be liable only up to the extent of the Amount. Ather or its Retail Partner will not be liable for any indirect, special, incidental or consequential damages arising out of or in connection with these Terms. Your sole and exclusive remedy and Our or Retail Partner’s aggregate and cumulative liability for any breach under these Terms will be limited to a refund of the Amount only.
The Vehicle will in all material aspects be similar to the Vehicle presented or advertised in marketing or promotional campaigns. However, in view of Our endeavors to continuously innovate and improve Our products, Ather reserves the right to modify or alter the specifications, features and/or design of the Vehicle without prior notice and without any liability.