VENTERA WIND, INC. 5 YEAR LIMITED WARRANTY
Unless otherwise contracted Ventera Wind, Inc. (“Ventera”) by Ventera Dealers or customers of Ventera Dealers (“End Customers”) or provided for warranties provided by third party providers of equipment not directly manufactured by Ventera all Warranties on Ventera Products Cover Repair or Replacement of Parts found defective in workmanship or materials ONLY.
General Limitations on Factory Repair and Replacement
In the case of Ventera Authorized repair or replacement of parts or full turbine assemblies at Ventera’s manufacturing or service facilities Ventera will cover the following costs ONLY under this Warranty:
- The cost of replacement parts,
- Factory labor and equipment costs related to repair of equipment found defective in workmanship or materials, and
- Return freight for repaired or replaced parts and equipment.
General Limitations on Repair and Replacement in Field
In the case of Ventera Authorized repair or replacement of parts or full turbine assemblies in the Field Ventera will cover the following costs ONLY under this Warranty:
- The cost of replacement parts
- Limited dealer or authorized service technician costs for specific repair tasks strictly limited to hourly rates and maximum reimbursement for specific tasks listed on the attached Dealer Warranty Replacement Schedule
- The cost of shipping replacement parts to End Customer or Ventera Dealer
Ventera specifically refuses without restriction to cover the following costs under this Warranty:
- Cost of crane rental and mobilization
- Travel and mobilization time for Dealer’s or repair personnel other than mileage based compensation listed on the attached Dealer Warranty Replacement Schedule
- Diagnostic expense which does not result in a determination that warranty work is required
- Any work performed without first attaining the written approval of Ventera in the form of a Return Material Authorization (“RMA”) or Field Repair Authorization (“FRA”).
Ventera Dealers are obligated to inform their customers of these restrictions on Warranty coverage and are permitted to charge End Customers for their costs in excess of coverage by Ventera provided that Dealer provides End Customers with estimates for costs in excess of Warranty Coverage.
WARRANTY CLAIMS WILL ONLY BE ACCEPTED ON PRODUCTS THAT HAVE BEEN REGISTERED WITH VENTERA WIND, INC. AND MUST BE ACCOMPANIED BY PROOF OF RECOMMENDED MAINTENANCE RECORDS.
THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. VENTERA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER IMPOSED BY CONTRACT, STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF OTHERWISE. VENTERA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGE TO A PRODUCT, PROPERTY, OR PHYSICAL INJURY RESULTING IN WHOLE OR INPART FROM (1) IMPROPER OR CARELESS USE, (2) UNAUTHORIZED MODIFICATIONS OR (3) OTHER CAUSES BEYOND VENTERA’S CONTROL. IN NO EVENT WILL VENTERA BE LIABLE TO BUYER, END CUSTOMER OR ANY OTHER PERSON FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
VENTERA SHALL IN NO EVENT BE LIABLE FOR DELAYS IN DELIVERY OF THE PRODUCTS OR SERVICES OR OTHER FAILURES TO PERFORM CAUSED BY FIRES, ACTS OF GOD, STRIKES, LABOR DIFFICULTIES, TERROISM, ACTS OF GOVERNMENTAL OR MILITARY AUTHORITIES, DELAYS IN TRANSPORTATION OR PROCURING OF MATERIALS, OR OTHER CAUSES OUTSIDE OFAND BEYOND THE CONTROL OF VENTERA WIND, INC.
Warranty Coverage on Primary Components of Wind Turbine Generation Systems Manufactured by Third Parties, Purchased by Ventera and subsequently sold Ventera Dealers or End Customers/End Purchasers shall be limited to the warranties provided by those manufacturers unless otherwise stated in a written agreement between Ventera and either the Ventera Dealer or End Customer/End Purchaser.
Description of Warranty Coverage on Specific Primary System Components of Wind Turbine Generation Systems follow and include all limitations listed above:
WIND TURBINE GENERATORS
Ventera Wind, Inc. warrants to the End Customer/End Purchaser from the time of delivery for a period of five (5) years following the date of delivery of a Ventera 10kW Wind Generator, that this product shall be free from defects in workmanship and materials subject to General Limitations listed above and below.
Warranty claims will only be accepted on products that have been registered with Ventera Wind, Inc. and must be accompanied by proof of recommended maintenance records. WARRANTIES ARE NOT TRANSFERABLE.
This Warranty does not cover defects due to:
- inadequate or improper installation
- unsuitable physical, operating, or storage environment
- improper maintenance, service, repair or modification
- failure caused by product for which Ventera is not responsible
- Acts of God