Terms and Conditions of Sale, Warranty and Replacement

These Terms and Conditions of Sale, Warranty and Replacement (“Terms”) are issued by a business under the trade name “Rebel Power” and shall apply to and be binding upon every customer that purchases, orders, or accepts delivery of a generator or allied equipment manufactured, assembled, distributed or supplied by the Company.

By placing an order, signing a quotation or invoice, accepting delivery of the Product, or making payment of any advance, deposit or consideration towards the Product, the Customer acknowledges that the Customer has read, understood and unconditionally accepted these Terms in their entirety.

Part A: General Terms of Sale

1. Definitions and Interpretation

• 1.1 “Product” or “Generator” means any generator, generating set, alternator, engine or associated accessory manufactured, branded, assembled or supplied by Rebel Power and identified by its unique model and serial number on the invoice or warranty registration record.
• 1.2 “Order” means a purchase order, quotation acceptance, invoice or online order confirming the Customer’s intention to purchase a Product from the Company.
• 1.3 “Authorised Dealer” or “Authorised Service Centre” means a dealer, distributor or service outlet expressly appointed and authorised in writing by Rebel Power to sell, install or service its Products.
• 1.4 “Warranty Period” means the period of twelve (12) months described in Part B of these Terms.
• 1.5 “Replacement Window” means the period of ten (10) days described in Part C of these Terms.

2. Acceptance of Order

• 2.1 No Order shall be deemed accepted by the Company until the Company issues a written order confirmation, invoice or dispatch advice. Marketing material, price lists, brochures, website content and verbal representations made by sales personnel or dealers do not constitute an offer capable of acceptance and are illustrative only.
• 2.2 The Company reserves the right, at its sole discretion and without incurring any liability, to decline or cancel any Order prior to dispatch, including where the Product ordered is unavailable, where the price or specification was published in error, or where the Company reasonably suspects fraud, misuse or non-payment risk. In the event of cancellation by the Company for reasons not attributable to the Customer, any amount already paid by the Customer shall be refunded in full within a reasonable time.
• 2.3 Specifications, dimensions, weights, fuel consumption figures, noise levels and output ratings published by the Company are approximate and provided for general guidance. Minor variations arising from manufacturing tolerances or ongoing product improvement shall not entitle the Customer to reject the Product, provided the Product remains fit for its intended purpose.

3. Delivery

• 3.1 Delivery timelines communicated by the Company or its dealers are estimates only. The Company shall not be liable for any loss, damage or expense, whether direct or consequential, arising from delay in delivery caused by circumstances beyond its reasonable control.
• 3.2 Unless the Order expressly states otherwise, delivery is deemed complete when the Product is handed over to the Customer.
• 3.3 The Customer shall inspect the Product at the time of delivery and shall record any visible shortage, transit damage or discrepancy on the delivery challan before signing acceptance. A claim for shortage or transit damage raised after unconditional acceptance of delivery shall not bind the Company unless the Company otherwise agrees in writing.

4. Customer Obligations, Correct Use and Safety

• 4.1 The Customer shall install, operate and maintain the Product strictly in accordance with the owner’s manual, and safety instructions supplied with the Product, and in compliance with applicable electrical safety codes and local regulations.
• 4.2 The Customer shall ensure that the Product is operated only within its rated capacity and under the environmental conditions for which it is designed, and shall not connect the Product to any electrical installation otherwise than through a properly rated changeover switch or isolator installed by a competent, licensed electrician.
• 4.3 The Customer is solely responsible for the safe siting, housing, exhaust ventilation, fuel storage and electrical connection of the Product. The Company shall bear no responsibility for injury, death, fire, electrocution, carbon monoxide exposure or property damage arising from installation or connection work not carried out, verified or approved by an Authorised Dealer or a licensed electrician.
• 4.4 Routine and periodic maintenance, including oil changes, filter replacement, spark plug or injector servicing and battery upkeep, shall be carried out at the Customer’s cost, at the intervals prescribed in the owner’s manual, and the Customer shall retain proof of such servicing, as this proof may be required to support any warranty claim.
• 4.5 Due to the use of ethanol blended petrol, fuel may deteriorate during storage and cause gum deposits, corrosion or damage to the engine and fuel system. Where the Product is not used regularly, the Customer must drain the petrol from the fuel tank and carburettor using the provided drain mechanism at least once every seven (7) days, or before any prolonged period of non usage. Any damage or malfunction arising from stale fuel, contaminated fuel, or the Customer's failure to comply with the fuel maintenance requirement shall constitute improper maintenance and shall not be covered under the warranty provided in Part B of these Terms.

5. Limitation of Liability

• 5.1 Save as expressly stated in Part B of these Terms and to the extent permitted by applicable law, all conditions, warranties or representations, whether express or implied by statute, common law, trade usage or otherwise, concerning the quality, fitness for purpose, durability or performance of the Product are excluded.
• 5.2 In no event shall the Company’s aggregate liability arising out of or in connection with the sale of a Product, breach of statutory duty or otherwise, exceed the invoice price actually paid by the Customer for the Product giving rise to the claim.
• 5.3 The Company shall not, under any circumstances, be liable for any indirect, incidental, special or consequential loss or damage, including but not limited to loss of profit, loss of business, loss of production, spoilage of stock or goods, loss of data, or cost of alternative power arrangements, arising from any defect in, failure of, or downtime of the Product, whether or not the Company was advised of the possibility of such loss.

6. Force Majeure

• 6.1 The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, strike, lock-out, civil commotion, war, act of government, import or export restriction, shortage of raw material, component or shipping capacity, or failure of a third party supplier or carrier. Performance shall be suspended for the duration of such event, and the time for performance shall be extended accordingly.

Part B: Product Warranty

7. Warranty Coverage

• 7.1 Subject to the conditions, exclusions and procedures set out in this Part B, the Company warrants each new Rebel Power generator, identified by its unique serial number, to be free from defects in material and workmanship under normal use, for a period of twelve (12) months from the date of original purchase by the first retail Customer as recorded on the tax invoice (“Warranty Period”).
• 7.2 During the Warranty Period, the Company will, at its sole option and free of charge for parts and labour, repair or replace any component found on inspection by the Company or an Authorised Service Centre to be defective in material or workmanship. The decision to repair or replace, and the choice of replacement part or unit, shall rest exclusively with the Company.
• 7.3 Any part repaired or replaced under this warranty shall be warranted only for the unexpired balance of the original Warranty Period applicable to the Product and shall not restart or extend the Warranty Period. Parts replaced under warranty become the property of the Company.
• 7.4 This warranty is extended to the original purchasing Customer named on the invoice and is not transferable to a subsequent owner unless the Company expressly agrees to transfer it in writing upon request and verification.

8. Warranty Registration and Claim Procedure

• 8.1 To avail of warranty service, the Customer must retain the warranty card along with the original tax invoice bearing the Product serial number.
• 8.2 A warranty claim shall be raised by the Customer directly with an Authorised Service Centre, or through the platform from whom the Product was purchased.
• 8.3 The Company or its Authorised Service Centre shall inspect the Product and determine, in its reasonable technical judgment, whether the defect complained of falls within the scope of this warranty. The Customer shall provide reasonable access to the Product and reasonable cooperation to enable such inspection.
• 8.4 Transportation of the Product to and from the nearest Authorised Service Centre for warranty inspection or repair, and any incidental expense such as loading, unloading, boarding, lodging, towing or communication expense, shall be borne by the Customer unless the Company, at its discretion, agrees otherwise in a specific case.

9. Warranty Exclusions

This warranty does not cover, and the Company shall bear no liability whatsoever in respect of, any defect, failure, damage or loss arising from or connected with any of the following:

• Normal wear and tear, including wear of piston rings, cylinder bores, bearings, brushes, belts, gaskets and similar wearing components;
• Consumable items, including engine oil, coolant, fuel filters, air filters, spark plugs, fuses and batteries, unless the item itself is proved defective at the time of first use;
• Failure to carry out periodic maintenance and servicing in accordance with the owner’s manual, or failure to produce proof of such servicing when reasonably requested;
• Use of fuel, lubricant, coolant or spare parts not conforming to the specification prescribed by the Company, or use of parts, accessories or attachments not approved by the Company;
• Repair, adjustment, modification, dismantling or attempted repair carried out by any person or workshop other than an Authorised Service Centre, or damage resulting therefrom;
• Operation of the Product beyond its rated load or in a manner inconsistent with the owner’s manual, including overloading, incorrect voltage connection, improper earthing, or back feeding into the electrical grid without an approved changeover switch;
• Improper installation, siting, storage or transport of the Product, including exposure to water, flooding, corrosive atmosphere, excessive dust, or inadequate ventilation;
• Damage caused by accident, misuse, abuse, negligence, tampering with safety devices, unauthorised alteration of governed speed or output settings, or use of the Product for a purpose other than that for which it is designed;
• Cosmetic deterioration such as fading of paint, corrosion of plated surfaces, or discolouration arising from ordinary exposure to the elements;
• Any Product on which the serial number has been altered, defaced or removed, or in respect of which the original invoice cannot be produced;
• Any Product used for rental, competitive, racing or similar purposes, unless the Product was expressly sold and invoiced by the Company for such use;
• Damage, corrosion, gum deposits, clogging or any other malfunction caused by stale fuel, ethanol blended fuel left in the fuel tank, engine or carburettor for an extended period, contaminated fuel, or the Customer's failure to drain the fuel tank and carburettor at the intervals prescribed by the Company.

9.2 Where the Company’s inspection determines that a claimed defect arises from any of the circumstances listed above, the Company shall be entitled to decline the warranty claim and to charge the Customer its standard rates for inspection, transportation, parts and labour actually incurred, prior to release of the Product.

10. General Warranty Conditions

• 10.1 This warranty is the sole and exclusive warranty given by the Company in respect of the Product and is given in place of, and to the maximum extent permitted by law excludes, all other warranties and conditions, whether express or implied, save for those rights that cannot lawfully be excluded under the Consumer Protection Act, 2019 or other applicable Indian law.
• 10.2 The Company’s obligation under this warranty is limited, at the Company’s option, to the repair or replacement of defective parts, or replacement of the Product, and does not extend to any incidental or consequential loss of the kind described above.

Part C: Replacement Policy

11. Eligibility for Replacement

11.1 Independently of, and in addition to, the warranty described in Part B, the Company offers a replacement facility under which a Customer may request replacement of a Product within ten (10) calendar days of the date of delivery (“Replacement Window”), provided that all of the following conditions are satisfied:

• The Product exhibits a genuine manufacturing defect that materially impairs its intended function, as verified on inspection by the Company or an Authorised Service Centre;
• The Product is returned in its original packaging, together with all accessories, manuals, warranty card and standard accompaniments originally supplied with it;
• The Product has not been installed, connected to a load, altered, tampered with, or subjected to any use, damage or condition inconsistent with new, unused equipment, other than the minimal handling reasonably necessary to test and identify the defect;
• The original tax invoice is produced, and the serial number on the Product matches the serial number recorded on that invoice.

11.2 The Replacement Window of ten (10) days runs from the date of actual delivery to the Customer and is not extended by any period during which the Product remained uninstalled, uninspected or unused by the Customer.

12. Replacement Procedure

• 12.1 On receipt of a replacement request, the Company or its Authorised Service Centre shall inspect the Product, ordinarily within a reasonable time of receiving the request, to verify the existence of the defect and the Customer’s compliance with Clause 11.
• 12.2 Where the Company confirms that the Product qualifies for replacement, the Company shall replace the Product with a new unit of the same model, or where that model is unavailable, a model of equivalent specification and value as reasonably determined by the Company, within a reasonable time of such confirmation. The Company shall not be obliged to issue a cash refund in place of replacement, save where required by applicable law or where the Company, in its discretion, elects to do so.
• 12.3 Where inspection establishes that the claimed defect does not exist, or from misuse, mishandling or unauthorised interference by the Customer, the replacement request shall stand rejected, and the Product shall instead be dealt with, if eligible, under the warranty provisions of Part B, or returned to the Customer as it stands, at the Customer’s cost of transportation.
• 12.4 Once the Replacement Window of ten (10) days has expired, or once the Product has been installed and put into use, no claim for replacement shall lie, and the Customer’s sole recourse thereafter shall be under the warranty provisions of Part B.
• 12.5 Freight, packing and transportation charges for a Product returned for replacement shall be borne by the Customer, save where the Company confirms the defect to be a genuine manufacturing defect, in which case the Company shall bear reasonable, pre approved return freight charges.

Part D: Customer Indemnity and Misuse

13. Indemnity for Customer Fault, Misuse or Negligence

13.1 The Customer shall indemnify, defend and hold harmless the Company, its officers, employees, dealers and Authorised Service Centres from and against any and all claims, losses, damages, costs, expenses (including reasonable legal costs) and liabilities of any nature whatsoever arising out of or in connection with:

• Damage to, or destruction of, the Product caused by the Customer’s own act, omission, negligence, misuse, overloading, improper installation, unauthorised repair or modification, or failure to maintain the Product as required under these Terms;
• Injury to, or death of, any person, or damage to any property, arising from the Customer’s failure to install, earth, ventilate, house or operate the Product in accordance with the owner’s manual and applicable safety codes;
• Any breach by the Customer of these Terms or of any applicable law in connection with the Customer’s possession, installation or use of the Product;
• Any claim brought by a third party arising from the Customer’s use, resale, sub-letting or sub-hire of the Product.

• 13.2 Where the Company or an Authorised Service Centre determines, on reasonable technical inspection, that damage to or destruction of the Product has resulted from a cause described in Clause 13.1 rather than from a defect in material or workmanship, the Company shall have no liability whatsoever in respect of that damage or destruction, whether under the warranty in Part B, the replacement facility in Part C, or otherwise, and any repair, replacement, inspection, collection or delivery undertaken in connection with such damage shall be chargeable to, and payable in full by, the Customer at the Company’s prevailing rates before the Product is released.
• 13.3 For the avoidance of doubt, this Clause 13 applies regardless of whether the Customer’s act or omission was intentional, careless or inadvertent, and regardless of whether the resulting damage manifests immediately or only becomes apparent at a later date.
• 13.4 This indemnity shall survive the expiry or termination of these Terms, the expiry of the Warranty Period, and the completion of any replacement under Part C, and shall continue to bind the Customer in respect of any claim arising at any time.

Part E: General Provisions

14. Intellectual Property

14.1 All trademarks, trade names, logos, designs, drawings, manuals and other materials associated with the Product and with the name “Rebel Power” remain the exclusive property of the Company. Nothing in these Terms grants the Customer any licence or right to use such intellectual property save for the ordinary use, maintenance and resale of the physical Product itself.

15. Amendment

15.1 The Company reserves the right to revise these Terms from time to time, with the revised version taking effect for Orders placed after the date of revision. The Terms in force on the date of the Customer’s Order shall govern that particular sale, unless a subsequent revision is required to comply with a change in applicable law, in which case the revised Terms shall apply to the extent legally required.

16. Severability

16.1 If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect, and the parties shall in good faith negotiate a replacement provision that most closely reflects the original commercial intent.

17. Governing Law and Dispute Resolution

17.1 These Terms and any dispute or claim arising out of or in connection with them, including any non-contractual dispute or claim, shall be governed by and construed in accordance with the laws of India.

18. Acknowledgement

18.1 The Customer confirms that the Customer has had the opportunity to read these Terms in full prior to placing the Order, that the Customer understands the exclusions, limitations and indemnity contained in Parts A, B, C and D above, and that the Customer accepts these Terms as a condition of the sale.