Franchise / Partner Terms & Conditions (Draft)
— THIS IS AN OFFICIAL BYD OR CIMEX DOCUMENT. This page is an informational draft describing the general process for expressing interest in a franchise/partner category in Nepal. It does not constitute a binding offer, contract, or guarantee. Where a definitive signed agreement is later executed between an applicant and an authorised party, that definitive agreement supersedes this draft template in the event of any conflict.
1. Definitions and Interpretation
In this document: "Applicant" means the person or business submitting an enquiry through this website. "Category" means one of Dealership / Sales Showroom, Regional Distributorship, Authorised Service Center, or EV Charging Station. "Enquiry" or "Application" means the form submitted via the Register Your Interest page. "Draft Template" means this document. "Definitive Agreement" means any final signed contract entered into separately, if any.
2. Scope of Franchise Applied For
An Applicant selects one Category per enquiry and may submit separate enquiries for additional categories. The scope of operations, rights and obligations for any Category is defined only in a Definitive Agreement, not in this draft.
3. Applicant / Company Eligibility
General eligibility considerations include legal capacity to contract, good standing of any existing business, and compliance history. All enquiries are subject to review, and no representation is made that any particular Applicant is or will be found eligible.
4. Business and Financial Profile Requirements
Applicants may be asked about current business background, years in operation, automotive/EV-related experience, approximate annual turnover, proposed investment capacity, and general source of funds. This information helps route the enquiry appropriately and is not exhaustive of what may later be required.
5. Investment, Fees and ROI
Any investment ranges referenced on this website are illustrative planning information only, drawn from a sample/draft template. See "Illustrative Financial Information" below, where enabled. No representation is made regarding return on investment, profitability, payback period, or sales volume, and no fee is confirmed as official unless communicated separately in writing.
6. Proposed Business Location, Land and Infrastructure
General planning considerations for a proposed site may include location, site area, road frontage, parking, workshop/service bays, and power capacity, as described on the Infrastructure section of this website. Actual requirements are subject to Category, location, assessment, and final approved terms.
7. Manpower, Training and Service Operations
Categories involving customer-facing sales or service (Dealership, Service Center) are generally expected to maintain trained staff and, where applicable, certified technicians. Training or certification support, if any, would be addressed as part of onboarding under a Definitive Agreement.
8. Territory and Exclusivity
Any territory considered for an Applicant is subject to company discretion and network planning, and is not guaranteed. Exclusivity, where granted under a Definitive Agreement, is conditional and subject to performance and other terms set out in that agreement. No exclusivity is granted or implied at the enquiry stage.
9. Trade / Bank References and Due Diligence
Applicants may be asked to provide trade references, bank solvency confirmation, or other due-diligence information during evaluation. Failure or refusal to provide requested information may affect the outcome of an enquiry.
10. Documentation and Compliance
Additional documents (for example, business registration, tax clearance, or other regulatory filings applicable in Nepal) may be requested from shortlisted Applicants. Applicants are responsible for the accuracy of all documentation and information they submit.
11. Branding, Trademark and Intellectual Property
This draft template does not grant any trademark, branding, or intellectual-property rights. Any use of brand names, logos, or trademarks by an Applicant is subject to separate written authorisation and, where applicable, a Definitive Agreement.
12. Confidentiality
Information exchanged during evaluation should be treated as confidential by both the Applicant and the reviewing team, pending any Definitive Agreement that may set out further confidentiality obligations.
13. Term, Renewal, Suspension and Termination
This draft template does not establish any term, renewal, suspension, or termination rights. Any such terms, if applicable, will be set out only in a Definitive Agreement.
14. Indemnity, Liability and Insurance
An Applicant, if appointed, would be expected to comply with applicable law and to maintain insurance and liability arrangements appropriate to their operations. Specific indemnity and liability terms, if any, would be defined only in a Definitive Agreement.
15. Force Majeure
Neither an Applicant nor any reviewing party is expected to be liable for delay or failure caused by events reasonably beyond their control. Any force-majeure clause applicable to an appointment would be set out in a Definitive Agreement.
16. Governing Law and Dispute Resolution
[REQUIRES CONFIGURATION — the governing law and dispute-resolution forum applicable to this website and any resulting agreement should be confirmed by admin/legal counsel before go-live, and updated here.]
17. Applicant Declaration and No-Guarantee Clause
By submitting an enquiry, an Applicant acknowledges that: (a) submission is an expression of interest only; (b) it does not guarantee approval, territory, exclusivity, investment return, or appointment; (c) any figures shown are illustrative only; and (d) final commercial terms, if any, are established only through a Definitive Agreement.
18. General / Miscellaneous
This draft template may be updated from time to time. Where a Definitive Agreement is executed, it supersedes this draft in the event of any conflict. No provision of this draft should be read as a waiver of any right, and if any provision is found unenforceable, the remaining provisions continue to apply.
19. Acknowledgement / Informational Notice
This is a SAMPLE / DRAFT TEMPLATE — NOT AN OFFICIAL BYD OR CIMEX DOCUMENT. It will be replaced with finalised terms once confirmed by the appropriate authorised party.
Illustrative Financial Information
This is an Official Quotation. The ranges below are drawn from a sample/draft template for general planning purposes only. They are not an official fee, guaranteed investment, guaranteed return, guaranteed payback, or guaranteed profit. Confirmed figures, if any, are communicated separately and in writing during evaluation.