Terms & Conditions
Documentation. Your Motor Vehicle Order Agreement (the “Agreement”) is made up of the following documents:
- Vehicle Configuration: The Vehicle Configuration describes the vehicle that you configured and ordered, including pricing (excluding taxes and official or government fees).
- Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your final Vehicle Configuration and will include taxes and official or governmental fees.
- Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “Order Date”).
You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Tau Lotus, Inc., or its affiliate (“we,” “us” or “our”), or its brands such as Wolfhound Motors® pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Tau Lotus’s representative. Options, features, or hardware released or changed after you place your order may not be included in or available for your Vehicle. If you are purchasing a used Vehicle, it may exhibit signs of normal wear and tear in line with its respective age and mileage.
The purchase price of the Vehicle is indicated in your Vehicle Configuration. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the Vehicle purchase price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If Tau Lotus is registering your Vehicle, this will be due when you pay the purchase price. If you are registering your Vehicle in a self-registration state, the sales tax and state-applicable registration fees may be due at time of registration. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer. If you are purchasing a used Vehicle, your Order Deposit will be applied to your Purchase Price.
After you submit your completed order, we will begin the process of preparing and coordinating your Vehicle delivery. At this point, you agree that any paid Order Fee, Order Deposit and Transportation fee have been earned. If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as liquidated damages the Order Fee, Order Deposit and Transportation Fee, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee, Order Deposit and Transportation Fee are a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Vehicle, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration that will form part of this Agreement. The Order Fee, Order Deposit, Transportation Fee, and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at your local Tau Lotus Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within five (5) days of this date. If you do not respond to our notification or are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers. For new vehicles, if you do not take delivery within fourteen (14) days of our first attempt to notify you, Tau Lotus may cancel your order and keep your Order Fee.
If you wish to pick up your Vehicle in a state where we are not licensed to sell the Vehicle, or if you and Tau Lotus otherwise agree, Tau Lotus will, on your behalf and at your cost, coordinate the shipment of your Vehicle to you, generally from our factory in Karnataka, India or another country or another state where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Tau Lotus will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the transport (i.e., FOB shipping point). During such transit, your Vehicle will be required to be insured at your own cost to you, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled.
If you choose to pick up your Vehicle in a country or state in which we are not licensed to sell the Vehicles, the Vehicle may be delivered or shipped to you from a state in which Tau Lotus likewise does not have a license to sell the Vehicles. In such a case, you agree that the sale is transacted, and legal title to the Vehicle transfers to you, in the State of Karnataka, India, at the later of the time that (i) you make your final payment to Tau Lotus in India or (ii) Tau Lotus approves your purchase from a sales or delivery location in India (if applicable).
The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will actually be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration and manufacturing availability.
Tau Lotus makes no promises, warranties, or guarantees regarding fund availability or your eligibility for any incentives, rebates, and tax credits (the “Incentives”) related to the Vehicle. If Tau Lotus has credited your Purchase Price for the amount of an Incentive, but you do not qualify for the Incentive, you shall reimburse Tau Lotus for the amount of the credit.
Please carefully read this provision, which applies to any dispute between you and Tau Lotus, Inc., and its affiliates, and or brands such as Wolfhound Motors® (together “Tau Lotus”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to firstname.lastname@example.org with a subject and reference of Resolutions and description.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tau Lotus will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) or a relevant equal arbitrator in India under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
You will share 50% of all arbitration fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org or www.indianarbitrationforum.com
The arbitrator may only resolve disputes between you and Tau Lotus and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Tau Lotus vehicles. In other words, you and Tau Lotus may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to:
Tau Lotus, Inc., or Tau Lotus Motors India Pvt Ltd. Address is available in website for location, stating your name, Vehicle Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
Standard Connectivity is included in your Vehicle, at no additional cost, for five (5) years beginning on the first day your Vehicle was delivered as new by Tau Lotus, or the first day it is put into service (for example used as a demonstrator or company vehicle), whichever comes first. A trial of Premium Connectivity will be included following delivery of the Vehicle. Once this trial is over as detailed at www.tauLotus.com, you may subscribe to Premium Connectivity, or your Vehicle will return to Standard Connectivity. Features included in Premium Connectivity are subject to change and may be limited or unavailable due to Obsolete Hardware. You understand and agree that the cellular or other network needed for any Connectivity is provided by your local telecommunications company and other external providers, and that we are not liable for any parts, software, upgrades or any other costs (including labor) needed to use or maintain network connectivity or compatibility with any features or services externally supplied to the Vehicle. Any connectivity issues (including for quality, functionality or coverage) or gaps in service unrelated to a hardware fault or failure are not covered by Tau Lotus warranties.
The Vehicle will regularly receive over-the-air software updates that add new features and enhance existing ones over Wi-Fi. Future software updates may not be provided for your Vehicle or may not include all existing or new features or functionality, due to your Vehicle’s age, configuration, data storage capacity or parts, after the expiration of your Warranty. We are not liable for any parts or labor, or any other cost needed to update or retrofit the Vehicle so that it may receive these updates, or any Vehicle issues occurring after the installation of any software updates due to obsolete, malfunctioning (except as covered by your Warranty) or damaged hardware.
You will receive access to the Tau Lotus New Vehicle Limited Warranty or the Tau Lotus Used Vehicle Limited Warranty, as applicable, at or prior to the time of Vehicle delivery or pickup. The warranty version applicable to your Vehicle is that which was in effect when the Vehicle was first delivered or
picked up from Tau Lotus directly, including by any previous owners. You may also obtain a written copy of your warranty from us upon request and view the current version at our website.
We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee, Order Deposit and Transportation Fee.
Tau Lotus and its affiliates sell cars directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith, and we’ll keep your Order Fee, Order Deposit and Transportation Fee. This includes orders for which a third-party is facilitating or brokering the sale, or if the vehicles are to be exported to somewhere other than where you tell us you will be registering the Vehicle. We may also cancel your order and refund your Order Fee, Order Deposit and Transportation Fee if we discontinue a product, feature, or option after the time you place your order. We work to fulfill your order as quickly as we can. If you become unresponsive to us or fail to complete a requested action to progress towards delivery of your Vehicle, we may cancel your order and keep your Order Fee, Order Deposit and Transportation Fee. Alternatively, Tau Lotus may give you the option to reconfigure your Vehicle at the current pricing.
Except as provided below, the terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell motor vehicles that is nearest to your address indicated on your Vehicle Configuration. Prior agreements, oral statements, negotiations, communications, or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions available with respect to this Agreement by consulting your legal counsel.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.