Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NexEV ("Company," "we," "us," or "our") governing your use of our products, services, website, and related offerings for electric vehicles, batteries, motors, controllers, and associated components.

By purchasing products, using our services, or accessing our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please discontinue use immediately.

2. Definitions

• "Products" means electric vehicles, e-scooters, e-bikes, three-wheelers, batteries, BMS, motors, controllers, chargers, inverters, wiring harnesses, electronic modules, spare parts, and accessories
• "Services" means trading, distribution, manufacturing, assembly, installation, maintenance, repair, warranty support, technical assistance, training, and consultancy
• "Customer" means individual consumers, businesses, dealers, distributors, service centers, and fleet operators
• "Warranty Period" means the duration specified in product documentation or purchase invoice

3. Product Sales and Orders

3.1 Order Acceptance

• All orders are subject to acceptance and product availability
• We reserve the right to refuse or cancel any order
• Order confirmation does not guarantee product availability
• Prices are subject to change without notice until order confirmation

3.2 Pricing and Payment

• All prices are in Indian Rupees (INR) and exclusive of GST unless stated otherwise
• Payment methods: UPI, Credit/Debit Cards, Net Banking, RTGS/NEFT, Cash (subject to limits)
• For B2B customers: Credit terms subject to approval and credit limit
• Prices for batteries and components may vary based on commodity prices
• Any government subsidies or incentives are customer's responsibility to claim

3.3 Delivery and Shipping

• Delivery timelines are estimates and not guaranteed
• Risk of loss transfers to customer upon delivery
• Customers must inspect products upon delivery and report damages within 48 hours
• Delivery to remote locations may incur additional charges
• Batteries are classified as dangerous goods and subject to special handling

4. Warranty Terms

4.1 Standard Warranty Coverage

• Batteries: 2-3 years or specified charge cycles, whichever comes first
• Motors: 3 years from date of purchase
• Controllers: 2 years from date of purchase
• Chargers: 1 year from date of purchase
• Complete Vehicles: As per manufacturer specifications (typically 2-3 years)
• Other Components: As specified in product documentation

4.2 Warranty Conditions

The warranty covers manufacturing defects and workmanship under normal use. Warranty is VOID if:

• Product used for purposes other than intended (e.g., racing, off-road abuse)
• Unauthorized modifications or repairs performed
• Damaged due to accident, misuse, negligence, or force majeure
• Exposed to water damage (unless IP-rated and within specifications)
• Tampered serial numbers or warranty seals
• Battery subjected to overcharging, deep discharge, or improper storage
• Failure to follow operating instructions and maintenance guidelines
• Normal wear and tear items (brake pads, tires, consumables)

4.3 Warranty Claims Process

• Register product within 7 days of purchase for warranty activation
• Submit claims through authorized service centers only
• Provide original invoice, warranty card, and product serial number
• Claims processed within 7-15 working days subject to inspection
• Company's decision on warranty claims is final
• Replacement parts carry remainder of original warranty or 90 days, whichever is longer

4.4 Limitations

• Warranty is limited to repair or replacement at our discretion
• No warranty for consequential damages, lost profits, or downtime
• Transportation costs for warranty service may be borne by customer
• Warranty does not cover software updates or upgrades

5. Returns and Refunds

5.1 Return Policy

• Defective Products: 7-day return window from delivery
• Wrong Product Delivered: 7-day return window with proof
• Damaged in Transit: Must be reported within 48 hours with photos
• Change of Mind: Not accepted for electric vehicles and batteries due to safety regulations

5.2 Refund Process

• Refunds processed within 7-14 business days after product receipt and inspection
• Refund amount credited to original payment method
• Shipping charges are non-refundable unless error was ours
• Products must be returned in original packaging with all accessories
• Restocking fee of 10% may apply for certain products

5.3 Non-Returnable Items

• Batteries and BMS (due to safety and regulatory reasons)
• Custom-built or modified products
• Items marked as "Final Sale" or "Non-Returnable"
• Downloaded software or training materials

6. Safety and Compliance

6.1 Product Safety

• All products comply with BIS, CE, and applicable safety standards
• Customers must follow all safety instructions and warnings
• Lithium-ion batteries must be handled per guidelines to prevent fire/explosion
• Installation must be performed by qualified technicians
• We reserve the right to issue safety recalls and mandatory service campaigns

6.2 Regulatory Compliance

• Electric vehicles must be registered per Motor Vehicles Act, 1988
• Customers responsible for obtaining necessary permits and licenses
• Vehicle modifications must comply with CMVR (Central Motor Vehicle Rules)
• Battery disposal must follow E-Waste Management Rules, 2016

7. Service and Maintenance

7.1 Service Centers

• Service available only through authorized service centers
• Service charges as per published rate card
• Original spare parts recommended; use of third-party parts voids warranty
• Service appointments subject to availability

7.2 Maintenance Requirements

• Regular maintenance as per schedule is mandatory for warranty validity
• Battery health checks every 6 months recommended
• Failure to maintain properly may void warranty
• Maintenance records must be maintained by customer

8. Training and Certification

• Training programs subject to enrollment and payment
• Certificates issued only upon successful completion and assessment
• Training materials are copyrighted and for personal use only
• Company reserves right to modify training curriculum
• Certification validity as specified in certificate (typically 2-3 years)
• Refresher courses may be required for recertification

9. Intellectual Property

• All trademarks, logos, and content are property of NexEV or licensors
• Product designs, technical documentation, and training materials are protected by copyright
• Reverse engineering, copying, or unauthorized use is prohibited
• Software embedded in products licensed, not sold
• Firmware updates remain property of respective manufacturers

10. Limitation of Liability

10.1 To Maximum Extent Permitted by Law:

• Total liability limited to purchase price of product
• Not liable for indirect, consequential, or punitive damages
• Not liable for loss of profits, data, or business interruption
• Not liable for damages from product misuse or unauthorized modifications
• Not liable for third-party products or services

10.2 Exclusions

Nothing in these Terms excludes liability for:

• Death or personal injury caused by negligence
• Fraudulent misrepresentation
• Consumer rights under Consumer Protection Act, 2019
• Any liability that cannot be excluded by law

11. Data and Privacy

• Your privacy is governed by our Privacy Policy
• Vehicle diagnostic data may be collected for service and safety
• Telemetry data helps in product improvement and recalls
• You consent to data collection as outlined in Privacy Policy
• Data shared with service centers for maintenance purposes

12. Dispute Resolution

12.1 Grievance Redressal

• First contact: Customer service at support@nexev.com
• Escalation: Grievance Officer at grievance@nexev.com
• Response time: Within 7-15 business days

12.2 Arbitration

• Disputes resolved through arbitration under Arbitration and Conciliation Act, 1996
• Seat of arbitration: [City], India
• Language: English
• Single arbitrator mutually appointed by parties
• Arbitration costs borne as per arbitrator's decision

12.3 Consumer Forum

Consumers may approach Consumer Forums under Consumer Protection Act, 2019 for disputes within jurisdiction limits.

13. Governing Law and Jurisdiction

• These Terms governed by laws of India
• Subject to exclusive jurisdiction of courts in [City], India
• Compliance with Motor Vehicles Act, Consumer Protection Act, and other applicable laws

14. Force Majeure

We are not liable for delays or failures due to:

• Acts of God, natural disasters, pandemics
• War, terrorism, civil unrest
• Government actions, regulatory changes
• Supply chain disruptions beyond our control
• Power failures, internet outages
• Strikes, labor disputes

15. Modifications to Terms

• We may modify these Terms at any time
• Changes effective upon posting on website
• Continued use constitutes acceptance of modified Terms
• Material changes will be notified via email to registered customers

16. Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

17. Entire Agreement

These Terms, along with Privacy Policy, constitute the entire agreement between you and NexEV, superseding all prior agreements.

18. Contact Information