Agreement Terms for the Sale and Purchase of Diesel Generators
1. Parties Involved
- Seller: TRACKSONHIRE LTD, referred to as the "Seller".
- Buyer: The undersigned party, referred to as the "Buyer".
2. Sale of Diesel Generators
- 2.1 Description: The Seller agrees to sell, and the Buyer agrees to purchase, ASHITA Diesel Generators.
- 2.2 Condition: Generators are sold "as seen." The Buyer acknowledges satisfaction with the generators’ condition upon inspection and accepts them as is. The Seller is not liable for conditions or defects not observable during the inspection.
3. Warranty
- 3.1 Parts-Only Warranty: The Seller offers a 12-month warranty on parts, covering defects during normal use, exclusive of labor costs for repair or replacement.
- 3.2 Warranty Claim Process: The Buyer must provide proof of purchase and notify the Seller of any defects within the warranty period. The Buyer is responsible for shipping the defective parts to the Seller for service.
4. Liability and Indemnification
- 4.1 Limitation of Liability: The Seller is not liable for indirect, incidental, special, or consequential damages arising from the use of the generators.
- 4.2 Indemnification: The Buyer will indemnify the Seller against claims, losses, damages, or expenses arising from the generators' use, except in cases of the Seller’s willful misconduct or gross negligence.
- 4.3 Exclusion for Personal Injury or Death: The Seller is not liable for personal injury or death resulting from generator use, except due to willful misconduct or gross negligence by the Seller. The Buyer assumes all risks associated with the generators' operation.
5. Governing Law and Jurisdiction
- 5.1 Applicable Law: This agreement is governed by the laws of England and Wales.
- 5.2 Dispute Resolution: Disputes will first undergo mediation according to local regulations. If unresolved, disputes will proceed to binding arbitration in England and Wales.
6. Entire Agreement
- 6.1 Final Agreement: This document is the final and complete agreement between the Buyer and Seller regarding the purchase of diesel generators, superseding all prior discussions.
7. Acceptance of Terms
- 7.1 Acknowledgment: By purchasing, the Buyer acknowledges understanding and agreement to these terms.
- 7.2 Inspection and Acceptance: The Buyer is encouraged to inspect the generator before purchase fully. All conditions should be agreed upon in writing before the purchase.
- 7.3 Release of Claims: The Buyer agrees not to pursue legal action against TRACKSONHIRE LTD for generator-related claims except in cases of fraud, willful misconduct, or gross negligence by the Seller.
Disclaimer - Liability and Indemnification Clause By purchasing a diesel generator from Tracksonhire Ltd, the Buyer agrees to:
- Assume all risks associated with its operation.
- Indemnify the Seller against any damages arising from its use.
- Accept the limitation of the Seller’s liability to the purchase price of the generator.
- Confirm understanding and agreement to these terms by completing the purchase.
Buyer and Installer Responsibilities
- Buyer: Must verify the generator meets safety standards, select a qualified installer, and ensure installation according to terms agreed with the Seller.
- Installer: Must comply with safety regulations and installation standards, ensuring all safety features are properly installed.
Disclaimer - Installation of Safety Features The installation of safety features is the responsibility of the Buyer or their installer. These features are crucial for safe operation and must comply with applicable safety standards.
Note: Only trained professionals should operate generators sold by Tracksonhire Ltd.