Xtreme Turbines One Year Limited Warranty Statement



This Warranty Statement sets forth the limited warranty offered by Xtreme Turbines Inc., a Florida corporation, for the Miniature Turbine (“Engine”), which is as follows:

 

            Limited Warranty: Xtreme Turbines hereby warrants that the Engine accompanying this Warranty Statement is free from defects in materials and workmanship during normal usage, according to the following terms and conditions:

 

            1.         Limited Warranty Period: The Limited Warranty shall be effective for one (1) year or twenty-five (25) hours of measured use by the Electronic Control Unit, whichever comes first. The Limited Warranty Period begins on the day you buy the Engine. The warranty on any and all repaired and replaced parts expires when the Limited Warranty Period expires. At Xtreme Turbines request, you must prove the date of the original purchase of the Engine by a dated bill of sale or itemized receipt and such other documentation as Xtreme Turbines deems reasonably necessary to confirm the date of original purchase of the Engine.

 

            2.         Scope of Limited Warranty: The Limited Warranty covers all parts, except for batteries, electric motors, low plug and frictional materials will be repaired or replaced free of charge. All parts, including repaired and replaced parts are covered for the Limited Warranty Period. During the Limited Warranty Period, Xtreme Turbines will repair or replace, at its sole discretion and option, any defective parts with new or factory-rebuilt replacement items, if such repair or replacement is needed, due to any defects in materials or workmanship arising during and as a result of normal usage. Xtreme Turbines will assume the costs of any such new or factory-rebuilt replacement items, as well as any labor charges incurred by Xtreme Turbines in repairing or replacing any defective parts. The Limited Warranty does not extend to any defects in appearance.

 

            3.         Shipping: You must bear the risk and cost of shipping the Engine to Xtreme Turbines at the address listed below. Xtreme Turbines shall bear the cost of shipping the Engine to you, within the continental United States, after the completion of service under this Limited Warranty. You shall bear any risks associated with such shipment and must pay any other shipping costs or related charges. If the Engine is lost, damaged, or destroyed in shipment, including at any point before arriving at or after leaving Xtreme Turbines address listed below, you are solely responsible for any such loss, damage, or destruction.

 

            4.         Exclusions from Coverage: The Limited Warranty does not cover or extend to and is void in the event of any of the following conditions:

 

  1. A.

 

B.         The Engine has been damaged from external causes such as crash damage, foreign object damage, weather, Act of God, improper electric connections, or connections to other products not recommended for interconnection by Xtreme Turbines.

 

                        C.         The Engine is operated for commercial or institutional use.

 

                        D.        The Engine serial number has been removed, defaced or altered.

 

            5.         Assignment/Purchases Covered: The Limited Warranty extends only to the original purchaser of the Engine and is not assignable or transferable to any subsequent purchaser of the Engine. Moreover, the Limited Warranty extends only to purchasers who purchased the Engine in the United States or Canada and to purchases that include this Limited Warranty Statement and the accompanying Purchase Agreement.

             6.   WARRANTY DISCLAIMER: THERE SHALL BE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER OBLIGATION ON THE PART OF XTREME TURBINES WITH RESPECT TO ANY OF THE PRODUCTS, EXCEPT ANY WARRANTY OR WARRANTIES EXTENDED PURSUANT TO THIS WARRANTY STATEMENT. ANY DESCRIPTIONS OF THE PRODUCTS MADE OR PROVIDED BY XTREME TURBINES ARE FOR IDENTIFICATION AND DESCRIPTION PURPOSES ONLY AND DO NOT CONSTITUTE AND SHALL NOT CREATE ANY WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. THE WARRANTY DISCLAIMERS CONTAINED HEREIN SHALL CONTROL OVER ANY INCONSISTENT TERMS OR CONDITIONS OF THIS LIMITED WARRANTY STATEMENT, THE PURCHASE AGREEMENT, OR OF ANY OTHER DOCUMENTATION ACCOMPANYING THE SALE. THE PROVISIONS OF THIS LIMITED WARRANTY STATEMENT, THE PURCHASE AGREEMENT, OR ANY OTHER DOCUMENTATION ACCOMPANYING THE SALE SHALL NOT BE CONSTRUED AS CREATING ANY EXPRESS OR IMPLIED WARRANTIES, UNLESS THOSE PROVISIONS EXPRESSLY STATE THAT THEY CREATE AND ARE INTENDED TO CREATE EXPRESS OR IMPLIED WARRANTIES.

 

             7.        Limitation of Liability: In no event shall Xtreme Turbines be liable to you or any third party for any incidental, consequential, or special damages of any kind, including lost profits or loss of use, and Xtreme Turbines’s sole and exclusive liability shall be the repair or replacement set forth in Paragraph 2, above. Xtreme Turbines shall not be liable for any delay in commencing, completing or otherwise rendering any service under the Limited Warranty and shall not be liable for any loss of use during the period that the Engine is undergoing any repair pursuant to this Limited Warranty. If the Engine is lost, stolen, damaged, destroyed while at Xtreme Turbines’s facility, Xtreme Turbines’s liability shall be limited solely to the replacement of the Engine with a replacement engine of similar characteristics, as determined in the sole discretion of Xtreme Turbines and Xtreme Turbines shall not be liable for any lost profits or loss of use damages in that or any event.

 

             8.        Adoption of Purchase Agreement: By seeking any repair, replacement, or any other benefit provided by or pursuant to this Limited Warranty, you hereby adopt and accept in full all of the terms, conditions, and provisions of the Purchase Agreement, effective from the date of original purchase of the Engine.

 

             9.        Your Acceptance of Liability: If you are not prepared to fully accept all liability associated with the use of the Engine, you immediately should return the Engine in new and unused condition to the place of its purchase. The Limited Warranty, as well as the Purchase Agreement and other documents accompanying this sale, allocates the risk of failure of the Engine and liability arising from its use between you and Xtreme Turbines. You recognize the allocation of risk any understand and agree that the allocation is reflected in the purchase price of the Engine. You understand that you are or may be able to protect against the risks and liability that you assume by securing insurance coverage to protect you and those for whose actions and omissions you are or may be responsible from any such risks and liability.

 

             10.      Warranty Procedure: If it becomes necessary for you to seek service for warranted repairs on the Engine during the Limited Warranty Period, you should contact Xtreme Turbines for appropriate instructions. You shall be instructed to ship the Engine, at your risk and expense, to Xtreme Turbines, along with a description of the problem and proof of purchase, complete with details regarding the purchase location, purchase date, and purchase price. You will be billed for any parts or labor charges that are not covered by the Limited Warranty. If the repairs are not covered by the Limited Warranty, Xtreme Turbines shall provide you with an estimate of repair and return shipping charges prior to commencing any work. If you reject the estimate or fail to authorize the necessary repair work, Xtreme Turbines shall return the Engine to you, at your risk and expense.

             11.      Used Components: The Engine consists of newly assembled equipment that may contain used components that have been reprocessed to allow machine compliance with Engine performance and reliability specifications.

 

             12.      Heading: The titles to the paragraphs of this Limited Warranty Statement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Limited Warranty Statement or any accompanying agreement or documents.

 

             13.      Invalidity: The invalidity of any provision of this Limited Warranty Statement will not and shall not be deemed to affect the validity of any other provision of it. In the event that any provision of this Limited Warranty Statement is held to be illegal, unenforceable or otherwise invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. Moreover, to the extent that any provision of this Limited Warranty Statement is held to be illegal, unenforceable, or otherwise invalid, it shall be interpreted and rewritten by any court or arbitration panel with jurisdiction so as to provide the maximum permissible protection to Xtreme Turbines consistent with and in order to effectuate the purposes expressed in this Limited Warranty Statement.

 

 

 

             14.      Governing Law: This Limited Warranty Statement shall be construed and interpreted in accordance with Florida law, without reference to conflict of law principles. The Governing Law and Dispute Resolution provisions of the Purchase Agreement are incorporated in this Limited Warranty Statement, as if fully set forth herein.

 

             15.      Entire Warranty: This is the entire warranty between Xtreme Turbines and you and, except for the Purchase Agreement and documents accompanying this sale, supercedes all prior and contemporaneous agreements, verbal or written, and all communications relating to the Engine, and no representation, promise, or condition not contained herein shall modify these terms. Xtreme Turbines does not assume and has not authorized any other person or entity to assume for it any other obligation or liability beyond that which is expressly set forth in this Limited Warranty.

 

             16.      Questions concerning and shipments in accordance with the provisions of this Limited Warranty Statement may be directed to:

 

Xtreme Turbines, Inc.

15186 NE 21st Ave.

N. Miami Beach, Florida 33162

Telephone: 305 849 2904

E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it