Warranty
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Indemnification
Purchaser shall defend, indemnify and hold harmless SunModo and its Related Persons (as defined below)
(each, an “Indemnified Party”), with counsel reasonably acceptable to the Indemnified Party, from and
against any and all Claims (as defined below) which may be suffered or incurred by the Indemnified Party
or imposed or asserted against the Indemnified Party: (a) resulting from any cause on or about the premises
where any Product is installed; (b) resulting from the use of the Product; (c) arising out of any actual or
threatened damage to property, or injuries to or death of persons for any reason, including but not limited
to, product performance or malfunction, negligence, or improper installation. “Claims” shall mean any
and all claims, actions, demands, proceedings, losses, damages, liabilities, losses, costs and expenses,
including attorneys’, investigators’ and consulting fees, court costs and litigation expenses; “Related
Person” shall mean any member, partner, principal, officer, director, shareholder, employee, agent,
contractor, consultant, representative, affiliate, assign, successor-in-interest of a specified Party, or any
other person that has obtained or hereafter obtains rights or interests from such party.
This Warranty constitutes the entire integrated agreement between SunModo and Purchaser concerning
the Product warranties and supersedes all prior agreements and discussions and the terms or any purchaser
orders, order acknowledgements or similar documents. No agreement or understanding in any way
purporting to modify this Warranty, oral or written, shall be binding on SunModo unless made in writing
and signed by its authorized representative.
This Warranty and the parties’ rights herein are exclusively governed by and construed in accordance with
the laws of the State of Washington, United States of America, without regard to the laws of any other
state or country. The State and federal courts located in Clark County, Washington shall be the exclusive
venue for any legal action relating to this Warranty and Purchaser hereby agrees to the jurisdiction of such
courts.
All claims made under this warranty must be submitted to SunModo in writing to the address below within
30 days after Purchaser’s discovery the subject defect or problem or the warranty claim will be barred.
Inquiries to:
SunModo Corporation
1905 E 5th St., Suite A
Vancouver, WA 98661
Ph: 360-844-0048
Web: www.sunmodo.com