4 disclaimer, 5 limitation of liability, Disclaimer – Windy Nation Complete Off-Grid Solar Kit User Manual

Page 21: Limitation of liability

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Complete Off-Grid Solar Kit Manual

Revision 2.0

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.

7.4 D

ISCLAIMER

Windy Nation Inc. (“Windy Nation”) is not assembling the Complete Solar Panel Off-Grid Kit, or any other
product offered by Windy Nation. Windy Nation, and its directors, officers, and employees disclaim, and by
purchasing a Windy Nation product you accept all liability and responsibility for damage to property, injury, or
death arising out of or related to the use or misuse of any product offered by Windy Nation.

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.

7.5 L

IMITATION OF

L

IABILITY

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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03/31/2014

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