XUV500 DRAW – TERMS & CONDITIONSTerms & Conditions of the Order Taking Form

  1. 01.  This Draw is only for sale upto 7200 (Seven thousand two hundred) number of Mahindra XUV500 vehicles.
  2. 02.  The Application Form with terms and conditions is available at select authorised M&M dealers. The list of select authorised dealers is available at www.mahindraxuv500. com under the terms and conditions.
  3. 03.  The application period is from 9 a.m on January 25st to 7 p.m on February 3rd , 2012 (both days included)
  4. 04.  Participation in the Draw constitutes the Applicant's full and unconditional agreement to these Terms and Conditions. These Terms and Conditions are in addition to and not in substitution of the terms and conditions mentioned on the Order Taking Form (OTF) to be filled in by the Applicant, in the event that the Applicant wins the Draw;
  5. 05.  Result of the Draw will be announced on or before Feb 15th , 2012.
  6. 06.  XUV500 Variant W8 AWD will not be a part of the draw.
  7. 07.  The Application Forms can be submitted by the Applicant to the"Selected Authorized Dealer" in his State of residence from 9 a.m. on January 25th to 7 p.m. on Febuary 3rd ,2012 (both days included). The list of "Selected Authorized Dealers" has been declared in the News Paper Advertisement (s) pertaining to this draw and also on http://www.mahindraxuv500.com. The application form should be used in original. Photocopy or duplicate Application Forms in any form should not be used for submission. Such application forms will not be accepted.
  8. 08.  This Draw is applicable for selected dealerships and States and details of the same are available in the product website http://www.mahindraxuv500.com.
  9. 09.  To be eligible for the Draw:
    • Applicant should be an India resident.
    • Applicant, if an individual, should be aged 18 years and above;
    • Application Form to be submitted with complete details. Incomplete Application Forms or Application forms not meeting the requirements herein shall be liable to be rejected / disqualified;
    • Payment of Rs. 80, 000 (Rs. Eighty Thousand) only;
    • Address proof either of or only one of the following (Driving license/Passport/Voter's Id/Ration card/Electricity bill/Telephone Landline bill) to be submitted;
    • One cancelled cheque of the applicant's bank account to be submitted;
    • One photo ID to be submitted (Passport/Voter ID/Driving Licence/Aadhaar card)
    • 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/she should fill Form 60 or Form 61 and submit it along with the Application Form.
  10. 10.  
    • An Applicant who is an Individual is entitled to only one Mahindra XUV500, irrespective of the number of applications submitted and notwithstanding the fact that more than one of these applications are drawn as winners of the Draw;
    • An Applicant who is a Body Corporate is entitled for Bulk Bookings of Mahindra XUV500 upto "5" no. of vehicles, irrespective of the number of applications submitted and notwithstanding the fact that more than "5" of these applications are drawn as winners of the Draw.
    • Body Corporate present in multi locations, is entitled for Bulk Bookings of Mahindra XUV500 upto "10" no. of vehicles only or the actual no. vehicles won as a result of the Draw, whichever is less, across different cities where this Draw shall be conducted, irrespective of the number of applications submitted and notwithstanding the fact that more than "10" of these applications are drawn as winners of the Draw subject to the States in which this draw is applicable.
  11. 11.  Payment of the amount of deposit of Rs. 80, 000/- (Rs. Eighty Thousand only) in the form of a SINGLE DEMAND DRAFT OR A PAY ORDER, should be made in the name of "Mahindra & Mahindra Ltd." payable at the city/location of M&M local area office, details of which will be available with the Selected Authorized Dealer. Validity of the application form for the draw is subject to relization of the DD/Pay Order.
  12. 12.  The Winning Applicant will be entitled to book the XUV500 within 15 days ( "Booking Period") from the date of the result of the draw by submitting the OTF. The right to book the XUV500 of those Winner Applicants will lapse, who fail to book the XUV500 within 15 days from the date of the result of the draw or who submit a request for cancellation before completion of the said period of 15 days. Such Winning Applicant whose right has lapsed will be refunded the deposit of Rs. 80, 000/- within 30 days from the date of closure of Booking Period without any interest. Those who make a request for cancellation of their right of booking before completion of Booking Period, will be refunded the said deposit amount without any interest within 30 days from the date of receipt of their application for cancellation.
  13. 13.  The Winning Applicant's deposit of Rs. 80,000- paid by them at the time of submitting this application will be adjusted against the purchase price of the Mahindra XUV500 payable by the Winning Applicants to the concerned Selected Authorized Dealer for the purchase of the Mahindra XUV500 . The Winning Applicant of the Draw shall be bound by the other terms and conditions applicable for the purchase of the Mahindra XUV500.
  14. 14.  Only 7200 (Seven thousand five hundred) number of Winning Applicants shall be selected RANDOMLY BY AN AUTOMATED PROCESS from the entries received at the close of the application period. The draw process will be validated by Deloitte Touche Tohmatsu India Pvt. Ltd. (DTTIPL) as per mutually agreed scope & terms between M&M and DTTIPL. The Winning Applicants whose Applications are found to be not meeting the terms and conditions mentioned herein are liable to be rejected/disqualified. Their deposit of Rs. 80,000/- will be refunded without any interest. The draw will be conducted city wise/dealer wise.
  15. 15.  Price at the time of submitting the Application Form for the draw shall prevail. However 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 and shall be borne by the Winning Applicant. This condition shall prevail over any condition stated in the Order Taking Form with respect to the applicable price, if the same conflicts with this condition.
  16. 16.  Winning Applicants of the Draw whose Applications are found in order after validation, will be intimated by Courier on the address appearing on their application forms. The results will also be published on the Company web-site "http://www.mahindraxuv500.com".Besides this, the Winning Applicant may, at the option of the Company, be notified by way of e-mail/ phone call/ print media, etc.
  17. 17.  The Winning Applicant (Individual or Body Corporate) will have to book the Mahindra XUV500 in his/her name only. The Mahindra XUV500 booking cannot be transferred to any other person or third party.
  18. 18.  The Winning Applicant is responsible for insurance, all taxes, permanent registration of the vehicle, charges and fees in relation thereto.
  19. 19.  Applicants by participating in this Draw, accept the Terms & Conditions and agree to co-operate with Mahindra &Mahindra Ltd.
  20. 20.  The list of Winning Applicants of the draw shall be final and binding and shall not constitute a subject matter of any dispute.
  21. 21.  Employees of Mahindra & Mahindra Ltd. are not eligible for participating in the draw.
  22. 22.  Mahindra & Mahindra Ltd. reserves the right to amend these Terms and Conditions and may withdraw or discontinue the Draw without prior notice.
  23. 23.  Unsuccessful participants of the Draw are fully aware that only the Winning Applicants of the Draw will be entitled to book the Mahindra XUV500 on applicable terms and conditions and those who do not win the Draw will be entitled only for the refund of the deposit amount of Rs. 80,000/-. The said refund to unsuccessful participants will be made within 30 days from the date of announcement of the Winning Applicants. No interest shall be payable on this amount. In the event of delay on the part of the Company in processing the refund beyond the period of 30 days from the date of announcement of the Winning Applicants, the Company shall, in addition to the deposit amount, pay an interest @ 10% p.a. on the deposit amount of Rs 80,000/- (Rs. Eighty Thousand only) to unsuccessful participants for the period of delay (beyond 30 days) and upto the date of issue of NEFT instructions/cheques for refund by the Company. The appropriate refund amount will be paid by way of transfer of funds to the account of which cancelled cheque has been submitted by the Applicant. Only in those cases where the refund is not possible by way of transfer of funds, the refund will be made by issue of cheque of the appropriate amount to the Applicant. M&M will not be responsible for any delay resulting due to incorrect Bank Account Number furnished by the Applicant.
  24. 24.  Mahindra & Mahindra Ltd., their directors, employees, consultants, assume no liability whatsoever for any direct or indirect loss or damage arising from an Applicants'participation in the draw, or from Mahindra & Mahindra's termination or withdrawal of the draw, change of Terms & Conditions or for any loss or damage, howsoever arising;
  25. 25.  The Winning Applicant should personally come to collect the Mahindra5OO XUV from the dealer at the time of delivery. No other person with or without authority letter will be given the delivery of the Mahindra XUV500.
  26. 26.  By participating in this Draw, the Winning Applicant unconditionally agrees that M&M will be entitled to publish, without any charges/amount payable to the Winning Applicant, the Winning Applicant's name in any advertising, promotional, print, point of sale or public relations material for a period of 12 (twelve) months from the date of the draw.
  27. 27.  Mahindra & Mahindra and the Selected Authorized Dealer shall not be liable to the Applicant for any loss, injury, delay, damages or other casualty suffered or incurred by the latter due to Force Majeure, and any failure or delay by Mahindra and Mahindra or the Selected Authorized Dealer in performance of its obligations under this Draw. For the purpose of this condition such circumstances shall include, without limitation, the circumstances beyond the control of the Company and shall also include the effect of any natural element or other acts of State or God, or other industrial disturbances, war, riots, civil commotion, embargoes, blockades, governmental restriction, intervention of civil, naval or military authorities.
  28. 28.  Not with standing the OTF, these Terms & Conditions is the entire agreement between the Applicant and Mahindra & Mahindra with respect to the Draw and supersedes all prior agreements, if any, between the Applicant and Mahindra & Mahindra with respect to it.
  29. 29.  If any provision of these Terms & Conditions is held to be invalid or unenforceable to any extent for any reason including by reason of any law or regulation or government policy, the remainder of these Terms & Conditions other than those which are held invalid or unenforceable, shall not be affected thereby, and each provision of these Terms & Conditions shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable Terms & Conditions shall be replaced with Terms & Conditions, which are valid and enforceable and most nearly reflect the original intent of the unenforceable Terms & Conditions.
  30. 30.  In case of any breach of these Terms and Conditions, Mahindra and Mahindra Ltd. reserves the right to cancel the application form, winning/booking entry and deal appropriately with the deposit/other amounts lying with Mahindra and Mahindra Ltd.
  31. 31.  Any dispute arising out of these Terms and Conditions shall be governed by the laws of India.
  32. 32.  Courts of Mumbai shall have exclusive jurisdiction in respect of any disputes arising out of this invitation to participate in the Draw.


Clarification to the T&C of XUV500 Draw

  1. We have received many queries with respect to the booking of vehicle by the employees of corporate where vehicles are owned by the employers and are offered to the employee as a part of CTC benefits.
  2. In view of the same, we hereby clarify that in the event an individual participates in the Draw and is a winner of the Draw, he/she shall be entitled to purchase the vehicle through his/her employer. For such individual his/her employer may book the vehicle and purchase the same on behalf of such individual applicant. This is subject to the condition that such applicant who intends to book and purchase the vehicle through his/her employer, upon winning the Draw, will have to submit along with his application a Certificate from his/her employer to the effect that he/she is its employee. In case the said applicant wins the Draw the vehicle will be booked and purchased by the said employer and upon delivery the same shall be allotted to the said applicant only. The said applicant will also have to submit along with his application last three months salary slips & Form 16 not older than 2 years given by the said employer.

Terms & Conditions of the Order Taking Form

  1. 01.  This Order Taking Form holds value only for the winning applicants of the XUV500 Draw for which applications were received between 25th Jan 2012 - 3rd Feb 2012 (list of winning applicants has been published on the Company website www.mahindraxuv500.com , since Feb 15th -2012) . As per the terms and conditions of the said Draw, the Winning Applicant will be entitled to book the XUV500 within 15 days("Booking Period") from the date of the result of the draw by submitting this OTF.
  2. 02.  The Winning Applicant / customer (Individual or Body Corporate) will have to book the Mahindra XUV500 in his/her name only. The Mahindra XUV500 booking cannot be transferred to any other person or third party(except for as specifically provided in the Terms and Conditions of the XUV Draw).
  3. 03.  For booking the XUV500 , the winning applicant / customer shall have to comply with all the relevant terms and conditions of the Draw and in particular the following :
    • this Order Taking Form shall be duly signed and submitted to the selected authorized dealer within 15 days from the date of announcing the results of the draw (Feb 15th -2012),
    • the name and/or address on the OTF shall be the same as that on the application for Draw submitted by the winning applicant /customer at the time of participating in the said Draw(except for as specifically provided in on the Terms & Conditions of the Draw),
    • this Order Taking Form (OTF) shall be submitted to the same selected authorized dealer to whom the application form had been submitted for Draw,
    • the application Number for the Draw and payment receipt Number shall be properly filled in the field provided for the same on the front side of this Order Taking Form,
    • the model /color of the in this Order Taking Form shall be the same as that provided by the winning applicant in the application form for the Draw.
  4. 04.  The Winning Applicant's deposit of Rs 80000/-(Rs Eighty Thousand only) paid by them at the time of submitting the application form for the XUV500 Draw will be adjusted against the purchase price of Mahindra XUV500,payable by the Winning Applicants to the concerned Selected Authorized Dealer for the purchase of Mahindra XUV500.
  5. 05.  Acceptance of bookings/ by us is merely an indication of an intention to sell and does not result in a contract of sale.
  6. 06.  In case of winning applicants who intend to book the vehicles through their employers , the vehicles will be owned by the employers and upon delivery the same will be allotted to the winning applicant. The said applicant will have to submit last three months salary slips, any one Form 16 copy of last two years and a certificate from his/her employer to the effect that he/she is its employee"
  7. 07.  The winning applicant / customer will be required to make the balance payment towards the price of XUV500 within 10 days before the Customer Promised Delivery Date (CPD)as communicated by us.
  8. 08.  The winning applicant / customer should provide the Income Tax PAN number in the Form
  9. 09.  The winning applicant / customer is not entitled to transfer this Form to any other person.
  10. 10.  The manufacturer shall have the right to revise the specification, standard fitment and /or accessories for the vehicle or introduce its improved versions of the variants, allotted to the winning applicant / customer, which will be binding on the winning applicant / customer.
  11. 11.  In case the winning applicant / customer intends to cancel the order for any reason then the booking amount of Rs 80000/- will be refunded without any interest. The order cannot be cancelled once the vehicle is invoiced in the winning applicant / customer's name
  12. 12.  It will be the endeavor of the manufacturer to deliver the vehicle as per the choice of color made by the winning applicant / customer at the time of booking. Winning applicant / customer is aware that in the event of non-availability of the said color, the Customer may not get the delivery as per his / her priority.
  13. 13.  Winning applicant / customer is aware that the delivery of the vehicle shall be subject to availability of the color and model with the manufacturer and the winning applicant / customer shall not hold the manufacturer for any delay in delivery.
  14. 14.  The manufacturer shall not be responsible for delay in delivery of vehicle in case of delay or rejection of finance to the winning applicant / customer by the financiers. The manufacturer shall not be liable / responsible for failure of delivery or delay in delivery of the vehicle due to any force majeure events and / or for any reasons beyond the control of the manufacturer. The manufacturer shall not be liable / responsible to pay any damages, direct or indirect, arising out of such failure to deliver or delay in delivery.
  15. 15.  Once the vehicle is ready for delivery, it takes approximately 5 days for completing the formalities of registration of the vehicle with the concerned RTO. The concerned dealer shall arrange for temporary registration of the vehicle before delivery of vehicle in compliance of provisions of "Motor vehicle Act 1988". Registration of the vehicle is however subjected to the payment of relevant charges and fulfillment of the documentation by winning applicant / customer. The manufacturer shall not be liable / responsible for any delay in completing the said formalities for the reasons beyond its control.
  16. 16.  The winning applicant / customer shall be responsible for insurance, all taxes, permanent registration of the vehicle, charges and fees in relation thereto.
  17. 17.  The price at the time of submitting the Application Form for the XUV500 draw shall prevail. However Central Excise Duty, Cesses, CST/VAT, other Central State local taxes and transportation and charges payable shall be as applicable on the date of delivery and shall be borne by the winning applicant / customer.
  18. 18.  In the event of any alteration or modification by the winning applicant / customer in technical and / or electronic system of the vehicle shall result in our discharge from warranty obligations.
  19. 19.  Subject to the clauses5, 6, 8 & 9 above, in the event of any delay on our part in delivery from the tentative date of delivery, the process shall as below: Delay up to 15 days from the Customer Promised Delivery Date (CDP Date) - Nil. Delay beyond 15 days – the winning applicant / customer will be paid interest @ 10% per annum on the total amount paid by winning applicant / customer only for the period from 16th day of the Customer Promised Delivery Date till the date on which the vehicle is ready for delivery.
  20. 20.  We reserve the right to cancel the booking, in the event the winning applicant / customer fails to make the full payment as per the applicable payment schedule which is on or before the 10th day prior to the day of Customer Promised Date (CPD).
  21. 21.  The winning applicant / customer hereby acknowledges that he/she has understood and accepts the above terms and conditions and the same that may be specified by Mahindra and Mahindra Ltd. from time to time. The Customer's data may be disclosed to a) any affiliate/associates/partners/group companies or any person or entity for developing or communicating any offers or service, unless otherwise duly informed by the Customer / Cardholder to the Marketing office b) to the extent required to be disclosed by operation of law, any regulatory authority, or binding judgment. Customer hereby permits such disclosures.
  22. 22.  The terms and conditions mentioned herein are in addition to the relevant terms and conditions of the application for XUV500 Draw and in the event of any conflict between the relevant terms and conditions of the XUV500 Draw and the terms and conditions mentioned herein, the terms and conditions of the XUV500 Draw shall prevail to that limited extent.
  23. 23.  All disputes are subject to the jurisdiction of courts in Mumbai alone.
  24. 24.  We reserve the right to alter any terms and conditions/ or the process itself clause at its sole discretion as and when considered necessary. We will make reasonable efforts to keep winning applicant / customer informed as soon as possible.

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