SunTura Solar Tracker Kit Manual
Revision 1.0
Page 4 of 10
Windy
Nation
08/09/2012
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
C
ustomer 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.
1.4
D
ISCLAIMER
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.
1.5
L
IMITATION OF
L
IABILITY
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.
