Exclusions and Limitations
Primus Wind Power does not warrant that the operation of the Wind Turbine will be
energy production under any conditions.
This Limited Warranty does not apply to claims arising from installation of your AIR
Turbine’s Owner’s Manual. This Limited Warranty does not cover any part that was
not manufactured by Primus Wind Power, nor does it cover the costs of any repairs
or adjustments to your Wind Turbine that might be needed because of the use of
non-Primus Wind Power parts, components, equipment, or materials. This Limited
Warranty does not apply to: (i) consumable parts; (ii) cosmetic damage, including
scratches or dents unless such damage compromises the product’s function; (iii)
damage caused by overload, surges, use with any unsuitable power source, voltage
irregularities or utility system failures that enter the Wind Turbine through the output
or other cyclonic windstorms), misuse, negligence, accident, abuse, or vandalism; (v)
damage due to a failure to service and maintain, and/or operate the Wind Turbine
in accordance with its Owner’s Manual or provided instructions; (vi) a Wind Turbine
the written permission of Primus Wind Power; (vii) any Wind Turbine part whose
serial number has been removed or defaced; (viii) damage or loss to any items or
products not manufactured by Primus Wind Power that are connected to, powered
by, or otherwise attached to, the Wind Turbine; (ix) any expenses incurred from travel
to and from the repair location, troubleshooting, diagnostic and repair services,
equipment expenses, or; (x) damage due to improper installation of the Wind Turbine
that is not in accordance to the owner’ s manual or, (xi) use of the wind turbine in
wind regimes with an annual average of 18 mph (8 m/s) or greater.
Disclaimer of Warranty
rights which vary from state to state. TO THE EXTENT PERMITTED BY LAW, THIS
EXPRESS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER
ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE
LAW, Primus Wind Power DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND
WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF Primus Wind Power CANNOT
LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN, TO THE EXTENT
PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE
DURATION OF THIS EXPRESS LIMITED WARRANTY. Primus Wind Power does not grant
the authority to create for it any obligation or liability in connection with your Wind
Turbine.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM
EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL Primus Wind Power,
OR ITS AFFILIATES, SUPPLIERS, DEALERS, DIRECTORS, OFFICERS, EMPLOYEES, OR
AGENTS (THE “RELEASED PARTIES”) BE LIABLE OR RESPONSIBLE FOR, EVEN IF SUCH
RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ANY
DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM
ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY
OR FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF
USE, INTERRUPTION OF OR LOSS OF BUSINESS, LOST OF ACTUAL OR ANTICIPATED
PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF REVENUE, LOSS
OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY,
LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION
OF DATA, OR ANY INDIRECT ORCONSEQUENTIAL DAMAGES HOWEVER CAUSED,
INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, BODILY INJURY
OR DEATH. (Note: some states do not allow the exclusion or limitation of incidental
or consequential damages, so these limitations may not apply to you.) The total
cumulative liability to Customer, from all causes of action and all theories of liability,
will be limited to and will not exceed the purchase price of the Wind Turbine paid by
Customer.
Product Changes
Primus Wind Power reserves the right to make changes, improvements or additions
to its products in the future without incurring obligations to make such changes,
improvements, or additions to its products previously manufactured. Occasionally, a
product change, improvement or addition will be made that either prevents future
failure of a product or part or eliminates a safety hazard. Primus Wind Power will then
or this Limited Warranty will be void should failure occur as a result of not installing
said parts. Primus Wind Power reserves the right to change the terms of this Limited
Warranty in the future without incurring any obligations to make the changed terms
applicable to products previously manufactured.
AIR Wind Turbine Limited Warranty (continued)
(continued)
Air X Owner’s Manual
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