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3 disclaimer, 4 limitation of liability, Disclaimer – Windy Nation VertaMax Power Inverter User Manual

Page 15: Limitation of liability

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VertaMax User Manual

Revision 1.0

serial number, and the original purchase date in addition to the name, address, and telephone number of the
Customer. Within five (5) business days of the date of notification, Windy Nation will provide the Customer
with an RMA number and the location to which the Customer must return the defective Product. Any Product
returned for warranty service shall be shipped at the expense and risk of the Customer. The Customer must
return the entire Product kit (or, if authorized by Windy Nation, the defective component parts), within fifteen
(15) days after issuance of the RMA number. Windy Nation will be under no obligation to accept any returned
Product that does not have a valid RMA number. Customer’s failure to return the Product within fifteen (15)
days of its receipt of an RMA number may result in cancellation of the RMA. All parts that Windy Nation
replaces shall become Windy 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.

5.5.3

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.

5.5.4

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

windy

nation

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