Product Manual A

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39 AIR Owner’s Manual
Exclusions and Limitations
Primus Wind Power does not warrant that the operation of the Wind Turbine will be
uninterrupted, nor does this Limited Warranty guarantee specic performance or
energy production under any conditions.
This Limited Warranty does not apply to claims arising from installation of your AIR
Breeze Wind Turbine at improper or decient site locations as described in the Wind
Turbine’s Owner’s Manual. This Limited Warranty does not cover any part that was
not manufactured by Primus Wind Power, nor does it cover the costs of any repairs
or adjustments to your Wind Turbine that might be needed because of the use of
non-Primus Wind Power parts, components, equipment, or materials. This Limited
Warranty does not apply to: (i) consumable parts; (ii) cosmetic damage, including
scratches or dents unless such damage compromises the product’s function; (iii)
damage caused by overload, surges, use with any unsuitable power source, voltage
irregularities or utility system failures that enter the Wind Turbine through the output
side; (iv) damage caused by acts of God (including ood, re, earthquake, lightning,
hail damage, ying debris, wind speeds in excess of 120 mph, tornadoes, hurricanes
or other cyclonic windstorms), misuse, negligence, accident, abuse, or vandalism; (v)
damage due to a failure to service and maintain, and/or operate the Wind Turbine in
accordance with its Owner’s Manual or provided instructions; (vi) a Wind Turbine or
any of its parts that has been modied to alter functionality or capability without the
written permission of Primus Wind Power; (vii) any Wind Turbine part whose serial
number has been removed or defaced; (viii) damage or loss to any items or products
not manufactured by Primus Wind Power that are connected to, powered by, or oth-
erwise attached to, the Wind Turbine; (ix) any expenses incurred from travel to and
from the repair location, troubleshooting, diagnostic and repair services, equipment
expenses, or; (x) damage due to improper installation of the Wind Turbine that is not
in accordance to the owner’ s manual or, (xi) use of the wind turbine in wind regimes
with an annual average of 18 mph (8 m/s) or greater.
Disclaimer of Warranty
This Limited Warranty gives you specic legal rights, and you may also have other
rights which vary from state to state. TO THE EXTENT PERMITTED BY LAW, THIS
EXPRESS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE 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. IF Primus Wind Power CANNOT LAWFULLY
DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN, TO THE EXTENT PERMITTED
BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION
OF THIS EXPRESS LIMITED WARRANTY. Primus Wind Power does not grant to any per-
son or entity (including its eld representatives, dealers or distributors) the authority
to create for it any obligation or liability in connection with your Wind Turbine.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM
EXTENT PERMITTED BY LAW, 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 CONSEQUENTIAL 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 GOOD-
WILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR
ANY INDIRECT ORCONSEQUENTIAL DAMAGES HOWEVER CAUSED, INCLUDING THE
REPLACEMENT OF EQUIPMENT AND PROPERTY, BODILY INJURY OR DEATH. (Note:
some states do not allow the exclusion or limitation of incidental or consequential
damages, so these limitations may not apply to you.) 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 Wind Turbine paid by Customer.
Product Changes
Primus Wind Power reserves the right to make changes, improvements or additions
to its products in the future without incurring obligations to make such changes,
improvements, or additions to its products previously manufactured. Occasionally, a
product change, improvement or addition 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 eld change order to correct this problem. Installation of the mandatory eld
change order must be done within thirty (30) days of eld change order issuance
or this Limited Warranty will be void should failure occur as a result of not installing
said parts. 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.
AIR Wind Turbine Limited Warranty (continued)
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