This website, www.arrowvehicles.com, is owned and operated by ARROW AUTOMOTIVE(hereinafter referred as “ARROW” or “Company” or “we” or “us” or “our”) having its registered office at NH-02, OLD DELHI ROAD, BHADUA, DANKUNI, HOOGHLY, WB – 712250. Please read these Terms and Conditions carefully before using the Website. In accessing and using the services provided by our Website you signify your consent and agreement to be bound by the Terms and Conditions specified herein ARROW reserves the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to check for the recent updates. Any updates to these Terms of Conditions shall take effect immediately upon the date of posting and you agree to be bound by the terms of these updates and amendments.
1. PERMISSION / APPROVAL / REGISTRATION:-
The dealer shall obtain all the necessary permissions/approvals, consent and licenses, as may be required, from the Central/State Government or other appropriate local/statutory authorities for the purpose of setting up and smooth running of the Dealership. The copy of all the approvals, permissions and licenses shall be forwarded to us along with the copy of the GST Certificate. The cost, if any, for all the above shall be solely borne by the dealer.
In the event of any contravention by the dealer of any of the permissions/approvals, consents and licenses from the Central/State Government or other appropriate local/statutory authorities, the dealer only shall remain fully liable for same and shall keep M/s Arrow Automotive and its executives indemnified against any breach and monetary liability or cost arising thereof.
2. CHIEF OPERATING PERSON:-
If main promoter is not the chief operating person then the dealer shall appoint / nominate experienced person in automobile business, as chief operating person who will look into all the affairs of Dealership. The chief operating person so nominated shall be vested with full authority on all matters related to Dealership and do all communication with us.
3. MANPOWER: –
The dealer shall employ well – qualified personnel for the sales, service and other daily operations of each section of the Dealership as per our mentioned norms. The employees of the Dealership shall co-ordinate with our Sales, Marketing and Service Team.
The dealer service team/employees have to undergo product training with M/s Arrow Automotive at Kolkata and in the training centre of Arrow Automotive as per our policy.
4. MINIMUM STOCKING TARGET FOR DEALERSHIP:-
The dealer shall maintain minimum physical paid stock of 10Nos. of E-Rickshaw and spare parts of Rs.15000/-, the requirement may increase with the progress of your business.
5. DEALERSHIP FACILITIES / LAYOUT :-
The dealers has to provide Dealership Facilities as stated below:
a. Showroom area – measuring to a total area of at least 1000sq.ft.
b. Dealer is required to provide other infrastructure facilities, tools, equipment and amenities along with phone, computer & internet facilities, as per “M/S Arrow Automotive” norms.
c. Cost for all the above facilities and layout shall/will be solely borne by the dealer and in no circumstances will any of the costs incurred be reimbursable by M/S Arrow Automotive.
6. CORPORATE IDENTITY:-
The dealer shall implement all elements as per the corporate identity manual before the commencement of Dealership with the prior approval of M/S Arrow Automotive Concern Personnel, regarding display, showroom and PDI Workshop Cost for these facilities will be borne by the dealer and under no circumstances are these costs ever reimbursable by M/S Arrow Automotive.
7. COMPLIANCE DATE:-
As per this LOI, the dealer should provide facilities and infrastructure for Dealership within one month from the date of issue of the LOI.
Based on the review and progress of the Dealership facilities, if we find any of the facilities not in accordance with the Company’s CIP manual, we shall be at the liberty to withdraw this letter of intent. It is clearly understood that our decision in this regard shall be final. In such event please note that the security deposit shall be refunded to the dealer without any interest.
8. TERMINATION:-
This letter of intent can be withdrawn solely at our discretion, without assigning any reason by giving 30 days/one month notice.
This dealership is granted on non exclusive basis and M/S Arrow Automotive in its own discretion may appoint new dealers or revoke this Dealership.
Upon termination the Dealer shall promptly return to M/S Arrow Automotive all the material belonging to it including but not limited to the instruction booklets, technical pamphlets, catalogues, etc.
9. TERM & VALIDITY:-
The letter of Intent is valid for 1 (One year only from the date of issuance). It may be renewed after 1 (One) year at the sole discretion of M/S Arrow Automotive subject to performance of your Dealership.
10. FINANCING :-
Arrow Automotive has finance tie ups with a few 3rd parties who finance E Rickshaw for the end customers. Arrow Automotive helps its dealers to get connected with such third parties in order to increase the sales. Such third parties mainly NBFC’s or private financers have their own term and conditions for financing of E Rickshaw Though these companies/ financers have tie ups with Arrow Automotive, the letter holds no responsibility for the execution of finance and is in no way involved in the transaction happening between the dealer and the customer. The authorised dealer has the opportunity to get associated with these third parties and the dealers are fully responsible and accountable to address and fulfil the terms and conditions of the financers. The dealer is fully responsible to collect the required documents from the customer, the down payment and the EMI’s. Under no circumstances, whatsoever, the dealer is allowed to pass on the burden relating to finance to Arrow Automotive. The maintenance and repairing of the financed E Rickshaw solely depends on the customer and the dealer is required to provide service and spare parts support to the customer. However, even in case of E Rickshaw being damaged or not in working conditions, the customer is still responsible to pay the EMI’s on time. Hence Arrow Automotive will only act as a medium to connect the dealers with the private financers and from thereon Arrow Automotive will not be responsible for any activity pertaining to finance. Dealers can in no way claim any sort of refund, benefit, support, claim, remuneration, service charge or any kind of monetary support from Arrow Automotive in order to fund the finance. Dealers have an option of not availing the finance facility but in case they opt to do so the above conditions are irrevocable and mandatory.
11. BUSINESS BEHAVIOUR:-
That in selling the products and in dealing with the consumers you shall represent as an independent Dealer and the relationship is on principal to principal basis not as an employee or agent of M/S Arrow Automotive or any of its affiliates, subsidiaries or business partners.
a) Profit and loss: – It is well understood by the Dealer that profit and loss is part of the business and the same will be borne by the Dealership only.
b) Payment Term: – Vehicles order would be accepted only through signature and Seal of Proprietor of the Dealership along with Vehicle order towards Advance Payment by RTGS / Bank Draft.
c) No Sales Return: – In no circumstances the vehicles once billed from M/S Arrow Automotive, manufacturer of the vehicle, to the Dealer shall be taken back and the Dealer shall be responsible to the customers.
d) Area of Operation: No other dealership shall be opened in same area. The dealer is free to promote & execute his business in this designated area. If the dealer is willing to extend his area of operation the dealer must intimate Arrow Automotive of his dealer to do so. Specific steps will have to be taken by the dealership in order to provide sales & services in the extended area.
e) You shall promote sale of E-Rickshaw Brand Name “ARROW” of M/S Arrow Automotive through displays, field demonstrations, etc.
f) You shall not charge the customer more than the maximum retail price as mentioned by Arrow Automotive.
g) This dealership is non transferable in any form without approval of Arrow Automotive competent authority.
h) The Dealer is not an agent or representative of M/S Arrow Automotive for any purpose whatsoever, the relationship is on principal to principal basis. The Dealer is not granted any explicit or implied right or authority to assume any obligations or bind the Arrow Automotive in any manner whatsoever.
i) The dealership is licensed to use M/S Arrow Automotive name and trademark in the normal course of business Dealer’s use of M/S Arrow Automotive trade mark is limited to using it for marketing and sales purpose. Upon termination, the Dealer will stop representing itself as dealer of M/S Arrow Automotive and cease to use its name and trademarks or other material.
j) That you undertake to abide by all the rules and regulations or any amendment thereby relating to the sale of E-Rickshaw with Brand name “ARROW” of M/S Arrow Automotive which we may issue from time to time.
12. JURISDICTION:-
Any disputes, differences or questions which arise at any time here after between M/S Arrow Automotive and the Dealer touching the rights and liabilities if the parties here to the same shall be referred to the decision of the sole Arbitrator to be appointed by the Proprietor of M/S Arrow Automotive in accordance with the provisions of the Arbitration& Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Kolkata and the courts at Kolkata shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law.
13. INDEMNITY :-
That you agree to indemnify and hold Arrow Automotive harmless and free from and against any claim demand, liability, loss or cost expense incurred but not limited to cost of litigation, lawyer’s fees and damage directly or indirectly arising out of or in any was related to or connected with (i) business activities, (ii) breach hereof, (iii) violation or non-compliance of national or local laws, rule and regulations in respect to the dealership / Dealership granted to the dealer by M/s Arrow Automotive.
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