Windy Nation Windtura 750 Wind Turbine Generator User Manual

Page 4

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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.

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.

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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