3 disclaimer, 4 limitation of liability, Disclaimer – Windy Nation P30L LCD 30A Solar Charge Controller User Manual

Page 16: Limitation of liability

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P30L User Manual

Revision 1.0


serial number (if applicable), and the original purchase date in addition to the name, address, and telephone
number of the Customer. Within five (5) business days of the date of notification, Windy Nation will provide
the Customer with an RMA number and the location to which the Customer must return the defective
Product. Any Product returned for warranty service shall be shipped at the expense and risk of the
Customer. The Customer must return the entire Product kit (or, if authorized by Windy Nation, the defective
component parts), within fifteen (15) days after issuance of the RMA number. Windy Nation will be under no
obligation to accept any returned Product that does not have a valid RMA number. Customer’s failure to
return the Product within fifteen (15) days of its receipt of an RMA number may result in cancellation of the
RMA. All parts that Windy Nation replaces shall become Windy Nation’s property on the date Windy Nation
ships the repaired Product or part back to the Customer. Windy Nation will use all reasonable efforts within
thirty (30) days of receipt of the defective Product to repair or replace such Product. If a warranty claim is
invalid for any reason, the Customer will be charged at Windy Nation’s then-current rates for services
performed and will be charged for all necessary repairs and expense incurred by Windy Nation. If Windy
Nation determines that a warranty claim is valid, it will ship the repaired or replaced Product to Customer at
Windy Nation’s cost.

5.4.3

Disclaimer

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THE PREVIOUS PARAGRAPH,
WINDY NATION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS PROVIDED BY WINDY NATION. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WINDY NATION, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. WINDY NATION DOES NOT WARRANT THAT THE QUALITY OR PERFORMANCE OF THE
PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL BE ABLE TO ACHIEVE ANY
PARTICULAR RESULTS FROM USE OR MODIFICATION OF THE PRODUCTS.
Some jurisdictions do not allow the limitation or exclusion of implied warranties or how long an implied
warranty may last, so the above limitations may not apply to you. In any such jurisdiction, the warranty shall
be limited to the minimum warranty and period required by law.

WINDY NATION EXPRESSLY DISCLAIMS ALL LIABILITY FOR BODILY INJURIES OR DEATH THAT MAY
OCCUR, DIRECTLY OR INDIRECTLY, BY USE OF THE PRODUCT BY ANY PERSON.

5.4.4

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WINDY NATION OR ITS AFFILIATES OR SUPPLIERS BE LIABLE
OR RESPONSIBLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST
DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WINDY NATION OR ITS AFFILIATE OR
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so these
limitations may not apply to you. Neither Windy Nation nor its affiliates or suppliers will be held liable or
responsible for any damage or loss to any items or products connected to, powered by or otherwise attached
to the Product. 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 Product paid by Customer. This warranty gives
the Customer specific legal rights and the Customer may also have other legal rights that vary from state to
state.

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01/20/2014


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