Diesel Generator Sales Agreement / Warranty

1. Parties Involved

This agreement ("Agreement") is entered into between TRACKSONHIRE LTD, hereinafter referred to as the “Seller,” and the undersigned "Buyer."

2. Sale of Diesel Generators

2.1. Description: The Seller agrees to sell, and the Buyer agrees to purchase, diesel generators of the following specifications: ASHITA Diesel Generators.

2.2. “As Seen” Clause: The diesel generators are sold “as seen.” The Buyer acknowledges that they have had the opportunity to inspect the generators and are satisfied with their condition and suitability for their intended use. Any visible defects or conditions not explicitly disclosed by the Seller do not render the Seller liable beyond what was reasonably observable at the time of inspection.

3. Warranty

3.1. Parts-Only Warranty: The Seller provides a 12-month parts-only warranty for defects in the generators’ parts that occur during normal use. This warranty covers repair or replacement of defective parts, excluding labor costs for repairs or replacements.

3.2. Warranty Claim: To claim warranty service, the Buyer must provide proof of purchase and notify the Seller of the defect within the warranty period. The Buyer shall bear the responsibility of shipping or transporting the defective generators to the Seller’s designated location for inspection and repair.

4. Liability and Indemnification

4.1. Limitation of Liability: The Seller shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the diesel generators. This limitation of liability extends to any third-party claims arising from the Buyer’s use or ownership of the generators.

4.2. Indemnification: The Buyer agrees to indemnify and hold the Seller harmless against any claims, losses, damages, or expenses, including but not limited to legal fees, resulting from the use or ownership of the diesel generators by the Buyer or any third party, except to the extent caused by the Seller's willful misconduct or gross negligence.

4.3. Exclusion of Liability for Personal Injury or Death

The Seller shall not be liable for any personal injury, including fatal accidents, arising from the use or operation of the diesel generators, except to the extent caused by the Seller's willful misconduct or gross negligence. The Buyer assumes all risks associated with the use of the generators and agrees to indemnify and hold the Seller harmless against any claims, losses, damages, or expenses, including legal fees, arising from personal injury or death resulting from the Buyer's use or operation of the generators.

5. Governing Law and Jurisdiction

5.1. Governing Law: This agreement is governed by the laws of England and Wales.

5.2. Dispute Resolution: Any disputes arising from this agreement shall first be subject to mediation in accordance with the rules and regulations of England and Wales. If mediation fails to resolve the dispute, it shall be referred to binding arbitration in England and Wales, with each party bearing its own costs.

6. Entire Agreement

6.1. Entire Agreement: This agreement constitutes the entire understanding between the Buyer and the Seller regarding the diesel generators and supersedes any prior agreements or understandings, whether written or oral.

7. Acceptance of Terms

7.1. Acknowledgment: By purchasing the diesel generators, the Buyer acknowledges that they have read, understood, and agreed to these terms and conditions.

7.2. Inspection and Acceptance: Buyers are encouraged to thoroughly inspect the generator before purchase. Upon payment, buyers accept full responsibility for its condition and performance. Any disputes regarding the condition of the generators must be raised before purchase and acknowledged by both parties in writing.

7.3. Release of Claims: TRACKSONHIRE LTD is not liable for any damages, and buyers agree not to pursue legal action for generator-related claims, except in cases of fraud, willful misconduct, or gross negligence by the Seller.