Primus Wind Power AIR 40 Owner's Manual page 44

AIR Wind Turbine Five Year (5 Yr.) - Limited Warranty (continued)
The In-House Repair Service Limited Warranty provides a six-month limited warranty on parts and
labor quoted within the repair (warranty is only applicable with a full pre-qualification of repair needs,
parts required and labor outlined within a company quote process). The In-House Repair Service Lim-
ited Warranty does not include or cover other non-authorized repairs by third party repair services.
The six-month In- House Repair Service Limited Warranty starts from invoice date (completion of re-
pair). Notice of a claim under this In-House Repair Service Limited Warranty must be received by Pri-
mus Wind Power or an ASD within the six-month limited warranty period. To the extent applicable, the
In-House Repair Service Limited Warranty is subject to the exclusions, limitations, and procedures of
this Limited Warranty.
Disclaimer of Warranty
These Limited Warranties grant specific legal rights, and there may exist other rights that vary from
state to state.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS LIMITED WARRANTIES AND THE
REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES
AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY
APPLICABLE LAW, PRIMUS WIND POWER DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRAN-
TIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT
DEFECTS AND ALL SIMILAR WARRANTIES ESTABLISHED UNDER APPLICABLE LAWS. NO OTHER WAR-
RANTY, EXPRESS OR IMPLIED, WHETHER OR NOT SIMILAR IN NATURE TO ANY OTHER WARRANTY
PROVIDED HEREIN, SHALL EXIST WITH RESPECT TO THE PRODUCT SOLD UNDER THE PROVISION OF
THESE TERMS AND CONDITIONS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW PRIMUS WIND
POWER EXPRESSLY DISCLAIMS ALL LIABILITY FOR BODILY INJURIES OR DEATH THAT MAY OCCUR, DI-
RECTLY OR INDIRECTLY, BY USE OF THE PRODUCT BY ANY PERSON. ALL OTHER WARRANTIES ARE EX-
PRESSLY WAIVED BY THE CUSTOMER.
IF PURSUANT TO THE LAW OF A PARTICULAR JURISDICTION, PRIMUS WIND POWER CANNOT LAWFUL-
LY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN, TO THE FULL EXTENT PERMITTED BY LAW,
ALL SUCH LEGALLY REQUIRED WARRANTIES SHALL BE STRICTLY LIMITED AND APPLICABLE IN DURA-
TION AND SCOPE TO THE DURATION AND SCOPE OF THE APPLICABLE EXPRESS LIMITED WARRANTIES
HEREIN.
Primus Wind Power does not grant to any person or entity (including its field representatives, dealers,
or distributors, including the ASDs) the authority to create for Primus Wind Power any obligation or
liability in connection with any Wind Turbine.
AIR 40, AIR Breeze, AIR 30, AIR X MARINE and AIR SILENT-X are trademarks of Primus Wind Power 2013 Primus Wind Power Inc.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL PRIMUS WIND POWER, OR
ITS AFFILIATES, SUPPLIERS, DEALERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (THE
"RELEASED PARTIES") BE LIABLE OR RESPONSIBLE FOR, EVEN IF SUCH RELEASED PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ANY DIRECT, SPECIAL, INCIDENTAL OR CONSE-
QUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER
ANY OTHER LEGAL THEORY OR FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF
USE, INTERRUPTION OF OR LOSS OF BUSINESS, LOST OF ACTUAL OR ANTICIPATED PROFITS
(INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF REVENUE, LOSS OF THE USE OF MONEY,
LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTA-
TION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL
DAMAGES HOWEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY,
BODILY INJURY OR DEATH. (Note: some jurisdictions may not allow the exclusion or limitation of
incidental or consequential damages, so these limitations may not apply in such jurisdictions.) THE
TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES
OF LIABILITY OR FORM OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE), WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE
PRICE OF THE WIND TURBINE PAID BY CUSTOMER.
Product Changes
Primus Wind Power reserves the right to make changes, improvements or additions to its prod-
ucts in the future without incurring obligations to make such changes, improvements, or additions
to its products previously manufactured. Occasionally, a product change, improvement or addi-
tion will be made that either prevents future failure of a product or part or eliminates a safety
hazard. Primus Wind Power will then issue a mandatory field change order to correct this prob-
lem. Installation of the mandatory field change order must be done within thirty (30) days of field
change order issuance or this Limited Warranty will be void should failure of the product occurs as
a result of the Customer's failure to comply with, perform, or have performed the mandatory field
change order.
AIR Owner's Manual 3-CMLT-2020-A 44