
Exclusions and Limitations
Primus Wind Power does not warrant that the operation of the Wind Turbine will be
energy productionunder any conditions.
This Limited Warranty does not apply to claims arising from installation of your AIR
Turbine’s Owner’s Manual. ThisLimited Warranty does not cover any part that was
notmanufactured by Primus Wind Power, nor doesit 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, ormaterials. This Limited
Warranty does not apply to: (i) consumable parts; (ii) cosmeticdamage, including
scratchesor dents unless such damage compromisesthe 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
or other cyclonic windstorms), misuse, negligence, accident, abuse, or vandalism; (v)
damage due to afailure to service and maintain, and/or operate the Wind Turbine
in accordance with its Owner’s Manual or provided instructions; (vi)a Wind Turbine
the written permission of Primus Wind Power; (vii) any Wind Turbine part whose
serial numberhas 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 otherwise attached to, the Wind Turbine; (ix)any expensesincurred from travel
to andfrom the repair location, troubleshooting, diagnostic and repair services,
equipment expenses, or; (x)damage due to improper installation of the Wind Turbine
that is not inaccordance to the owner’ s manual or, (xi) use of the wind turbine in
wind regimes withan annual average of 18 mph (8 m/s) or greater.
Disclaimer of Warranty
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, EXPRESSOR IMPLIED. AS PERMITTED BY APPLICABLE
LAW, Primus Wind Power DISCLAIMSANY AND ALL STATUTORY ORIMPLIED
WARRANTIES, INCLUDING, WITHOUTLIMITATION, 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 THISEXPRESS LIMITED WARRANTY. Primus Wind Power does not grant
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
EXTENTPERMITTED 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 HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ANY
DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM
ANY BREACH OF WARRANTY OR CONDITION, ORUNDER ANY OTHER LEGAL THEORY
OR FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE), INCLUDING, BUTNOT LIMITED TO, ANY LOSS OF
USE, INTERRUPTION OF OR LOSSOF BUSINESS, LOST OF ACTUAL ORANTICIPATED
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, LOSSOF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION
OF DATA, OR ANY INDIRECT ORCONSEQUENTIAL DAMAGES HOWEVER CAUSED,
INCLUDING THE REPLACEMENT OFEQUIPMENT AND PROPERTY, BODILY INJURY
OR DEATH. (Note: some states do not allow the exclusion orlimitation of incidental
or consequential damages, so these limitationsmay notapply to you.) The total
cumulative liability to Customer, from allcauses of actionandall 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 suchchanges,
improvements, or additions to its products previouslymanufactured. Occasionally, a
product change, improvement or addition will be made that eitherprevents future
failure of a product orpart oreliminates a safety hazard. Primus Wind Power willthen
or thisLimited Warranty will be void should failure occuras 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)
(continued)
Air X Owner’s Manual 7