The Terms and Conditions presented here govern the sales conducted by Tara Electric Vehicle (“Company”) regarding the products, equipment, and parts as detailed in the relevant invoices or documents (collectively referred to as “Equipment”), unless an alternate agreement is confirmed in writing by the Company. The Company expressly rejects any different or additional terms proposed in any purchase order or other documents provided by the buyer of the Equipment (“Purchaser”), unless such terms are expressly agreed upon in writing by the Company.
The Company will initiate any work based on the terms and conditions specified in this document. The Company pledges to adhere to all relevant laws and regulations pertinent to the production of the Equipment. The Purchaser is required to observe all applicable laws, regulations, and orders that pertain to their use, distribution, or sale of the Equipment, ensuring at all times that the Equipment’s condition, features, and performance, as well as any other products authorized, supplied, or produced by the Company, are accurately represented. From this point forward, the Company and the Purchaser will be collectively referred to as “the Parties.”
Ownership and the risk of loss or damage to the Equipment will transfer to the Purchaser at the point of delivery FOB (Free On Board) at the Company’s facility, unless explicitly modified by written agreement between the Parties. Notwithstanding the transfer of title, a security interest in the Equipment will be retained by the Company, irrespective of how the Equipment is attached to real property or other assets, until the Purchaser completes all payment obligations. The Purchaser is required to undertake all necessary actions and formalities to establish and uphold this security interest upon the Company’s request. Furthermore, the Purchaser must safeguard the Company’s interest by sufficiently insuring the Equipment against any potential loss or damage, naming the Company as an additional insured on such policies.
Delivery dates are to be considered approximate. Under no circumstances should these dates be interpreted as “time is of the essence.” The Company will not be held liable for any losses or delays caused by events such as war, terrorism, riots, fires, floods, strikes or other labor issues, acts of civil or military authorities including but not limited to governmental laws, orders, priorities, or regulations, actions of the Purchaser, embargoes, shortages of cars, transportation disruptions or damages, or the inability to procure necessary labor or materials from standard sources, or any other circumstances beyond the Company’s reasonable control. Should there be any delay in performance attributable to any such reasons, the delivery date or completion time will be revised accordingly to compensate for the time lost due to such delays. Acceptance of the Equipment by the Purchaser will be deemed as a relinquishment of any claims related to delivery delays.
The listed price for the Equipment excludes all current or future federal, state, or local taxes or assessments, including but not limited to property, license, privilege, sales, use, excise, and gross receipts taxes, which may arise from or be related to this transaction or any associated services. These taxes will be itemized separately for the Purchaser, who is responsible for their prompt payment to the Company. The Company will recognize a valid tax exemption certificate provided by the Purchaser, if applicable. Should the relevant governmental tax authority not accept the exemption certificate, the Purchaser agrees to reimburse the Company for any resulting taxes paid, including any interest or penalties levied against the Company.
The Purchaser, any affiliated company, or permitted assignee is not entitled to claim compensation or to set off any amounts due to the Company under this agreement or any other dealings.
The Company will defend any lawsuit or proceeding against the Purchaser claiming that the use of the Equipment manufactured by the Company and supplied under this contract infringes any U.S. patent, on the condition that the Company is promptly notified in writing and given the authority, information, and assistance needed for the defense by the Purchaser. At its discretion, the Company may secure the right for the Purchaser to continue using the Equipment, modify the Equipment to make it non-infringing, replace it with non-infringing equipment, or remove the infringing Equipment and refund the purchase price. The Company is not liable for patent infringement claims involving more than the supplied Equipment or for patents covering methods and processes used with the Equipment. This provision describes the full extent of the Company’s liability for patent infringement.
While we strive to provide accurate and up-to-date information, the product listings on this website may not fully capture all precise details of our products. All inventory listed is subject to prior sale, and images displayed are primarily for illustrative purposes. For comprehensive product details, please contact the dealer directly.
Vehicles displayed may be in transit, under production, or shown with optional equipment. For a true representation of vehicle features, options, and pricing, please view the actual vehicle. Due to the vast range of possible combinations of models, styles, colors, and options, the images on this site may not exactly match the actual vehicle you receive, though they aim to closely represent it. Some images may not perfectly reflect your specific choice of vehicle, color, trim, and specifications. The Company is not responsible for errors in pricing or typography.
The vehicle configuration tool on this site includes options for models not yet manufactured, offering prospective examples of what may be available. The information provided about these vehicles—regarding pricing, options, colors, and other details—is intended solely for reference. All pertinent details about these vehicles should be confirmed independently with the dealer.
The Company guarantees that new Equipment manufactured by the Company and supplied under this contract will be free from defects in materials and workmanship for the duration specified in the applicable limited warranty statements for such Equipment, all of which are incorporated herein by reference. Unless expressly stated otherwise by the Company in writing, aftermarket accessories are warranted to be free from defects in materials and workmanship for six (6) months from the date of shipment. Service parts are sold on an “AS-IS” basis.
For Purchasers who are not the original owners of the Equipment, THE COMPANY EXPLICITLY REVOKES THE BATTERY PORTION OF THE ORIGINAL MANUFACTURER’S WARRANTY FOR ANY EQUIPMENT MODEL THAT IS MORE THAN ONE (1) YEAR OLDER THAN THE CURRENT MODEL YEAR. THIS REVOCATION APPLIES REGARDLESS OF ANY CONTRARY STATEMENTS IN THE ORIGINAL WARRANTY OR ELSEWHERE, RENDERING SUCH WARRANTY NULL AND VOID.
ALL USED EQUIPMENT IS SOLD “AS-IS, WHERE-IS, WITH ALL FAULTS.” IT IS THE PURCHASER’S RESPONSIBILITY TO INFORM THEIR CUSTOMERS OF THIS CANCELLATION OF THE ORIGINAL MANUFACTURER’S WARRANTY PRIOR TO THE SALE OF THE EQUIPMENT.
However, if the sales invoice explicitly states that the Equipment is under warranty, then the warranty provided will be the Company’s standard pre-printed limited Remanufactured warranty in effect at the time of the sale, the details of which are available upon request (referred to as the “Applicable Warranty Statement”). All such warranty statements, as they may be amended or updated by the Company, are incorporated herein by reference.
EXCEPT AS SPECIFICALLY PROVIDED IN SECTIONS 7, 8, OR 9 OF THIS DOCUMENT (IF APPLICABLE) AND EXCEPT FOR THE WARRANTY OF CLEAR AND MARKETABLE TITLE, THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS, OR WARRANTIES, BOTH EXPRESS AND IMPLIED. THIS INCLUDES DISCLAIMERS OF IMPLIED WARRANTIES RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Purchaser is required to promptly report any defects in conformity to the applicable warranty in writing to the Company within the warranty period. In response, the Company, at its discretion, will address such nonconformity by repairing the Equipment or by providing a replacement part FOB point of shipment, provided that the Purchaser has stored, installed, maintained, and operated the Equipment in accordance with industry best practices and has adhered to the specific recommendations and operator manual(s) provided by the Company. The Company will not be responsible for any repairs, replacements, or adjustments not previously approved in writing by the Company.
The warranty does not cover damage due to corrosion, erosion, and normal wear and tear. Any performance warranties are strictly limited to those explicitly stated in the Company’s proposal. Unless otherwise specified, the Company’s responsibility under such performance warranties is confined to specified shop or field tests.
The Company’s correction of any nonconformities, whether patent or latent, in the manner and within the period specified herein, shall fulfill all the Company’s liabilities concerning such nonconformities, whether arising from contract, warranty, negligence, indemnity, strict liability, or any other legal theory related to the Equipment.
The Purchaser must not operate any Equipment that is deemed defective without first providing written notification to the Company of their intention to do so. Any operation of defective Equipment will be solely at the Purchaser’s own risk and liability.
The Company strongly advises against making unauthorized modifications to the Equipment. Should the Purchaser choose to alter, modify, or change the Equipment regardless, it is imperative that the Purchaser informs their customers and potential customers about these modifications. This communication should include details about the nature of the modifications, their extent, and the associated risks.
Furthermore, the Purchaser is obligated to comply with all applicable laws, industry standards, rules, regulations, and orders that pertain to their activities under this agreement, including the use and/or sale of the Equipment. The Purchaser must at all times provide an accurate representation of the condition, features, and performance of the Equipment and any other products manufactured by the Company.
THE REMEDIES PROVIDED TO THE PURCHASER IN THIS CONTRACT ARE EXCLUSIVE AND CONSTITUTE THE SOLE REMEDIES AVAILABLE.
THE TOTAL LIABILITY OF THE COMPANY IN RELATION TO THIS CONTRACT OR THE EQUIPMENT (AND ANY ASSOCIATED SERVICES PROVIDED HEREUNDER), WHETHER ARISING FROM THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR, OR TECHNICAL GUIDANCE PROVIDED UNDER THIS CONTRACT, AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHER GROUNDS, SHALL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIC UNIT OF EQUIPMENT ON WHICH SUCH LIABILITY IS CLAIMED.
NEITHER THE COMPANY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS CONTRACT, ANY BREACH THEREOF, OR ANY DEFECT IN, FAILURE OF, OR MALFUNCTION OF THE EQUIPMENT PROVIDED UNDER THIS CONTRACT. THIS LIMITATION APPLIES TO DAMAGES BASED ON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, COSTS RESULTING FROM SHUTDOWN OR NON-OPERATION, INCREASED OPERATIONAL EXPENSES, OR ANY CLAIMS MADE BY THE PURCHASER (OR THE PURCHASER’S CUSTOMERS) FOR SERVICE INTERRUPTION, REGARDLESS OF WHETHER THESE DAMAGES ARE CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY.
The rights and obligations of the Parties under this contract shall be governed by the laws of the State of California, excluding its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Except for the Company’s right to receive payments due from the Purchaser under this contract, neither party may assign or transfer this agreement without the prior written consent of the other party.
The Company will not be bound by any agreement or any modifications to it unless approved in writing by a duly authorized officer of the Company. Once approved, this contract supersedes all previous communications, whether oral or written, concerning its subject matter. This contract constitutes the entire agreement between the parties regarding the subject matter herein. All prior negotiations and discussions not included in this agreement are considered merged into this contract and are void of any separate legal effect.
