AIR 40, AIR Breeze, AIR 30, AIR X MARINE and AIR SILENT-X are trademarks of Primus Wind Power 2013 Primus Wind Power Inc.
AIR Owner’s Manual
3-CMLT-2020-A
45
AIR Wind Turbine Five Year (5 Yr.) - Limited Warranty (continued)
Additional Terms that Govern this Limited Warranty
Primus Wind Power and Customer (i) agree that all actions and proceedings relating directly or indirectly
to this Limited Warranty shall be litigated only in state or federal courts located in Jefferson County, Colo-
rado, USA; (ii) consent to the jurisdiction and venue of any such court and consents to service of process
in any such action or proceeding by personal delivery or any other method permitted by law; and (iii)
waive any and all rights either may have to (x) object to the jurisdiction of any such court, or (y) transfer
or change the venue of any such action or proceeding. The forum selection provisions set forth above are
intended to be mandatory. PRIMUS WIND POWER AND CUSTOMER FURTHER EACH WAIVE THE RIGHT TO
TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELAT-
ING TO THE SALE OF PRIMUS WIND POWER PRODUCTS OR THIS LIMITED WARRANTY. This Limited War-
ranty may not be extended, altered or waived except in writing signed by an authorized officer of Primus
Wind Power. ANY ACTION FOR BREACH OF THIS LIMITED WARRANTY MUST BE COMMENCED WITHIN
ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED OR SUCH ACTION SHALL BE FOREVER BARRED.
Primus Wind Power shall be entitled to recover its reasonable attorneys' fees, costs, and expenses in
defending or enforcing or defending this Limited Warranty against Customer and others. This Limited
Warranty shall be construed and enforced in accordance with the laws of the State of Colorado without
regard to conflicts of laws principles. 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.
