1. Parties Involved
1.1 Seller: Tracksonhire Ltd, hereinafter referred to as the "Seller".
1.2 Buyer: The undersigned party, hereinafter 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: The generators are sold "as seen." The Buyer acknowledges that they have inspected the generators and are satisfied with their condition, accepting them in their current state. The Seller is not liable for any defects or conditions that were not observable during the inspection.
3. Warranty
3.1 Parts-Only Warranty: The Seller provides a 12-month warranty covering parts only, applicable to defects that occur under normal use. This warranty does not cover labor costs associated with the repair or replacement of parts.
3.2 Warranty Claim Process: To make a warranty claim, 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 assessment and service.
4. Liability and Indemnification
4.1 Limitation of Liability: The Seller shall not be held liable for any indirect, incidental, special, or consequential damages resulting from the use of the generators.
4.2 Indemnification: The Buyer agrees to indemnify and hold harmless the Seller from any claims, losses, damages, or expenses arising from the use of the generators, except in cases where such claims are due to 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 the use of the generators, except where it is due to the Seller’s willful misconduct or gross negligence. The Buyer assumes all risks associated with operating the generators.
5. Governing Law and Jurisdiction
5.1 Applicable Law: This agreement is governed by and construed in accordance with the laws of England and Wales.
5.2 Dispute Resolution: Any disputes arising under this agreement shall first be referred to mediation in accordance with local regulations. If mediation fails to resolve the dispute, the matter will be submitted to binding arbitration within England and Wales.
6. Entire Agreement
6.1 Final Agreement: This document constitutes the entire agreement between the Buyer and Seller regarding the purchase of diesel generators and supersedes all prior agreements, understandings, and discussions.
6.2 Amendments: Any amendments or modifications to this agreement must be in writing and signed by both parties.
7. Acceptance of Terms
7.1 Acknowledgment: By completing the purchase, the Buyer acknowledges that they have read, understood, and agreed to these terms.
7.2 Inspection and Acceptance: The Buyer is strongly encouraged to thoroughly inspect the generator before finalizing the purchase. Any conditions or terms not covered in this agreement should be agreed upon in writing before the purchase is completed.
7.3 Release of Claims: The Buyer agrees not to pursue any legal action against Tracksonhire Ltd regarding the generators, except in cases involving fraud, willful misconduct, or gross negligence by the Seller.
8. Buyer and Installer Responsibilities
8.1 Buyer Responsibilities: The Buyer is responsible for ensuring that the generator meets all applicable safety standards, selecting a qualified installer, and ensuring that installation is carried out in accordance with the terms agreed upon with the Seller.
8.2 Installer Responsibilities: The installer is responsible for complying with all relevant safety regulations and installation standards and ensuring that all safety features are properly installed.
9. Disclaimer - Installation of Safety Features
The installation of safety features is the sole responsibility of the Buyer or their designated installer. These features are essential for the safe operation of the generator and must comply with all applicable safety standards. Only trained professionals should operate generators purchased from Tracksonhire Ltd.
Export-Only Sales Agreement
1. Export-Only Sales
1.1 Export Restriction: All diesel generators sold by Tracksonhire Ltd are exclusively intended for export outside of the United Kingdom ("the UK"). The Buyer agrees that these products shall not be resold, distributed, or otherwise used within the domestic market of the UK.
1.2 Compliance: The Buyer acknowledges and agrees that they are expressly prohibited from reselling, leasing, or distributing the diesel generators within the UK and shall ensure that the products are exported to a destination outside of the UK in accordance with this agreement.
2. Compliance with Export Control Laws
2.1 Export Laws: The Buyer is responsible for complying with all applicable export control laws and regulations, including obtaining any necessary export licenses or permits required by UK law and the laws of the destination country.
2.2 Documentation: The Buyer agrees to provide the Seller with any documentation necessary to demonstrate compliance with these export control requirements, including but not limited to export declarations, shipping documents, and end-user certificates.
3. Indemnification
3.1 Indemnity Clause: The Buyer agrees to indemnify, defend, and hold harmless Tracksonhire Ltd from any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with the Buyer’s failure to comply with the export-only restriction or any applicable export control laws.
4. Breach of Agreement
4.1 Legal Action: In the event that the Buyer breaches the export-only condition set forth in this agreement, Tracksonhire Ltd reserves the right to take appropriate legal action, including but not limited to seeking damages, termination of the contract, and pursuing any other remedies available under UK law.
5. Governing Law and Jurisdiction
5.1 Applicable Law: This agreement shall be governed by and construed in accordance with the laws of England and Wales.
5.2 Jurisdiction: Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
6. Severability
6.1 Severability Clause: If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.