1、GENERAL
These Terms and Conditions govern all sales by TARA Electric Vehicles (“Company”) of products, equipment, and parts (collectively “Equipment”), as referenced in related invoices or documents, unless otherwise agreed in writing by the Company. Any additional or differing terms proposed by the buyer (“Purchaser”) in purchase orders or other documents are expressly rejected unless accepted in writing by the Company.
The Company will proceed with work based solely on these terms. The Company commits to complying with all relevant laws concerning Equipment manufacturing. The Purchaser must likewise follow all applicable laws and accurately represent the Equipment’s features and performance. Hereafter, “the Parties” refers to both the Company and the Purchaser.
2、TITLE AND RISK OF LOSS
Ownership and risk of loss pass to the Purchaser upon delivery FOB at the Company’s facility, unless otherwise agreed in writing. The Company retains a security interest in the Equipment until full payment is received. Purchasers must take all necessary steps to perfect this interest and maintain insurance coverage naming the Company as an additional insured.
3、DELIVERY TIMELINES AND FORCE MAJEURE
Delivery dates are estimates and not guaranteed. The Company is not liable for delays caused by events beyond its control, including but not limited to natural disasters, labor disputes, supply shortages, government actions, or transportation issues. In such cases, delivery dates will be adjusted. Acceptance of Equipment implies waiver of delay-related claims.
4、TAXES AND FEES
Equipment prices exclude applicable federal, state, and local taxes. Purchasers are responsible for paying these taxes unless a valid exemption certificate is provided. If the exemption is denied, the Purchaser agrees to reimburse the Company for any taxes, penalties, or interest incurred.
5、PROHIBITION OF SET OFFS
The Purchaser and affiliates are not permitted to offset any amounts owed to the Company under this or any other agreement.
6、PATENT INFRINGEMENT
The Company will defend against claims of U.S. patent infringement related solely to the use of its Equipment, provided it receives timely notice and cooperation. Remedies may include securing usage rights, modifying or replacing the Equipment, or refunding the purchase price. This clause outlines the Company’s full liability in such matters.
7、PRODUCT INFORMATION
Product listings are for reference and may not represent exact details. Vehicles shown may be in transit or display optional features. For exact specifications and availability, contact the dealer. The Company is not responsible for typographical or pricing errors.
8、WARRANTY FOR NEW EQUIPMENT
New Equipment is warranted to be free from defects in materials and workmanship for the period outlined in the applicable warranty documents. Unless otherwise stated, aftermarket accessories are covered for six months. Service parts are sold “as-is.”
9、WARRANTY FOR USED EQUIPMENT
Used Equipment older than one model year does not include the original battery warranty. All used Equipment is sold “as-is, where-is, with all faults.” If the invoice specifies a warranty, it is the Company’s standard remanufactured warranty. Purchasers must inform their customers accordingly.
10、GENERAL WARRANTY PROVISIONS
Except as stated in Sections 7, 8, and 9, and excluding title warranty, all other warranties are disclaimed. Purchasers must report warranty issues within the applicable period. The Company will, at its discretion, repair or replace defective Equipment, provided it was used per provided guidelines. Warranties exclude damage from corrosion, wear, and unauthorized repairs.
11、OPERATION OF EQUIPMENT
Purchasers must not operate defective Equipment without first notifying the Company in writing. Operating such Equipment is done at the Purchaser’s own risk.
12、COMPLIANCE AND MODIFICATIONS
Unauthorized modifications to Equipment are discouraged. If made, Purchasers must inform customers of all changes and associated risks. Purchasers must comply with all applicable laws and accurately represent the Equipment.
13、LIMITATION OF LIABILITY
The remedies provided in this agreement are exclusive. The Company’s total liability is limited to the purchase price of the affected Equipment. The Company is not liable for indirect, incidental, or consequential damages, including lost profits or operational disruptions, regardless of legal theory.
14、MISCELLANEOUS
This agreement is governed by California law, excluding conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. No assignment is valid without written consent, except for payment obligations. This document contains the entire agreement and supersedes all prior communications.