ACKNOWLEDGEMENTS. Purchaser acknowledges that (i) SunSurfs Equipment is intended to be used and installed on Purchaser’s property(s), (ii) installation of the SunSurfs Solar equipment and any of the component parts and any other work performed on SunSurfs Equipment during installation of the equipment must be performed in accordance with local regulations and all other applicable regulations and may require further or other certification, and (iii) SunSurfs equipment should be installed by SunSurfs authorized licensed installer(s) or other authorized licensed installer(s) authorized by SunSurfs Solar and are intended to be handled and used solely in accordance with manufactures’ specification. All permits and applications file on behalf of the Purchaser for installation is the sole responsibility of the purchaser of SunSurfs Equipment(except for those specific Solar equipment obtained by SunSurfs as indicated by SunSurfs in writing only).
SUNSURFS GENERAL EQUIPMENT WARRANTY. SunSurfs Solar warrants the equipment shall be free from defects in materials and workmanship. This warranty (i) shall apply to purchaser (as named in Sales and Service Agreement) only and no other and (ii) shall not apply to any SunSurfs equipment which is not stored, handled, installed or used in strict accordance with SunSurfs specifications and instruction manuals, or which is altered without SunSurfs Solar express consent, or which has been subject to misuse, negligence or accident. SunSurfs Solar sole obligation shall be to replace or repair defective SunSurfs Solar equipment covered by the warranty provided that purchaser returns such defective equipment within the warranty period commencing from the date of the Sales Agreement, (warranty period ranges from 5 years to 25 years base on product type except for SunSurfs Solar batteries are lifetime free replacement). Purchaser hereby agrees that the replacement or repair of defective SunSurfs Solar equipment shall be Purchaser’s sole remedy in the event of a breach of warranty and shall be in lieu of any other remedy. SunSurfs Solar Warranty does not include shipping, labor cost for replacing defective SunSurfs Solar equipment and said shipping and labor cost is the sole expense of the Purchaser. SunSurfs Solar make no warranties relating to SunSurfs Equipment (see section on Warranty Disclaimer / Limitation of Liability).
EQUIPMENT/SOFTWARE. Purchaser shall be responsible for the installation, operation and maintenance of any equipment and software (including SunSurfs Solar Equipment) used in connection with SunSurfs Solar equipment and for ensuring that all equipment and software used in connection with SunSurfs Solar equipment are compatible with SunSurfs Solar Equipment.
GENERAL TERMS AND CONDITIONS
1. WARRANTY DISCLAIMER/LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN WITH RESPECT TO THE SUNSURFS EQUIPMENTS, NO WARRANTIES APPLIES (AND SUNSURFS SOLAR AND SUNSURFS SPECIFICALLY DISCLAIM ALL WARRANTIES), WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW (INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). IN NO EVENT, WHETHER DUE TO BREACH OF WARRANTY HEREUNDER OR ANY OTHER CAUSE WHATSOEVER, SHALL SUNSURFS SOLAR OR SUNSURFS BE LIABLE FOR OR OBLIGATED IN ANY MANNER TO PAY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, COST OF SUBSTITUTE EQUIPMENT AND PERSONAL INJURY OR EQUIPMENT DAMAGE, WHETHER SUCH CLAIM IS BASED ON CONTRACT OR TORT OR ANY OTHER THEORY OF LAW.
SunSurfs Solar only duties in connection with the equipment sale, shall be to honor the limited warranty for the SunSurfs equipments as set forth herein. To the extent assignable, any manufacturer warranty for equipment other than the SunSurfs equipment shall be assigned by SunSurfs Solar and passed through to the Purchaser.EXCEPT FOR THE FOREGOING, PURCHASER WAIVES ANY RIGHT OF RECOVERY AGAINST SUNSURFS SOLAR OR SUNSURFS FOR ANY CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LOSSES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES OR COSTS) (“CLAIMS”) BY OR DUE TO THIRD PARTIES AND SUFFERED BY PURCHASER, DIRECTLY OR INDIRECTLY RELATING TO OR ARISING FROM THE NEGLIGENCE OF SUNSURFS SOLAR OR SUNSURFS OR THE MANUFACTURE, DISTRIBUTION, SALE, USE OR INSTALLATION OF ANY EQUIPMENT OR THE PROVISION OF THE SERVICES. PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SUNSURFS SOLAR AND SUNSURFS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES RELATED TO OR ARISING FROM THE SALE OF THE EQUIPMENT OR PROVISION OF THE SERVICES DESCRIBED HEREIN. The provisions of this section shall survive termination of services. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH; THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS CONTRACT SETS FORTH SPECIFIC LEGAL RIGHTS AND PURCHASER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
2. INDEPENDENT ARBITRATION. PLEASE READ THIS PARAGRAPH CAREFULLY AS IT AFFECTS RIGHTS PURCHASER MIGHT OTHERWISE HAVE. The parties agree to arbitrate any and all disputes and claims arising out of or relating to the services, purchase or use of SunSurfs equipment or Contract. All such claims and disputes (including any tort or statutory claim) shall be arbitrated under the Commercial Arbitration Rules of the American Arbitration Association in New York before one arbitrator . The arbitrator may reward interim and final injunctive relief and other remedies. Purchaser acknowledges that arbitration is final and binding and subject to only very limited review by a court. Any award of the arbitrator (including awards of interim or final remedies) may be confirmed or enforced in any court having jurisdiction. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If for some reason this arbitration clause is at some point deemed inapplicable or invalid, the parties agree to waive, to the fullest extent allowed by law, any trial by jury. In such case, a judge shall decide the subject dispute or claim. The provisions of this section shall survive the termination of the services.
3. NOTICE. Any notice required hereunder shall be written and may be sent by fax or email at the contact information set forth for each party in the Sales and Service Agreement (unless such contact information is changed by notice as required hereunder).