Wild Energy Inc. (“Wild Energy”), warrants that upon deliver or the equipment to the customer, and continuing for a period of 48 months thereafter (the "Warranty Period"), the major components of that equipment, which are the Electric Meter and Access Point (the “Warranted Components”), shall be free from material defects in materials and workmanship and capable of performing to Wild Energy’s written specifications ("Good Working Order") (collectively the "Warranty"). Customer shall remove and return at its expense and risk of loss (unless otherwise directed by Wild Energy) anyWarranted Component which is not in Good Working Order, to Wild Energy, and Wild Energy shall inspect the equipment and return a replacement unit (or component) free of charge to Customer during the Warranty Period, if the failure was due to a breach of this Warranty.
Wild Energy may, at their discretion, upon request of the Customer, ship advance replacement components to the Customer prior to receipt of the damaged or allegedly defective Warranted Components. If Customer fails to return the Warranted Components in a timely manner, or if the failure was not due to a breach of this Warranty, the Customer shall be billed for the replacement equipment and shall pay such bill within thirty (30) days of delivery by Wild Energy.
Wild Energy’s warranty obligation is limited to repair or replacement of defective Warranted Component as required to restore the Warranted Component to Good Working Order. The Warranty is provided for the benefit of the original Customer only, and is not transferable by Customer without the express, written consent, in advance, by Wild Energy. All other goods not included as Warranted Components, including but not limited to any goods not manufactured by Wild Energy (such as cables and mounting brackets) are expressly excluded from the Warranty. Any such goods not manufactured by Wild Energy shall be covered by the applicable manufacturer's warranty, if any, and Wild Energy’s sole obligation in connection therewith shall be to use reasonable efforts to assist Customer in obtaining such warranty service, at Customer's expense.
Wild Energy shall not be responsible for failure of Warranted Components due to improper storage, improper installation by the customer or their contractors, electrical failures which occur due to lightning, storm damage, mis-use, damage, vandalism, modifications or alterations, damaged caused by non-warranted components, improper maintenance, or overload from the Customer or end consumer’s electrical system(s). Wild Energy makes no representations or warranties with respect to the Warranted Components and the related equipment’s compliance with local building codes and standard.
THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY WILD ENERGY IN CONNECTION WITH WARRANTED COMPONENTS AND OTHER ITEMS MENTIONED HEREIN. WILD ENERGY DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED AND EXPRESSLY DISCLAIMS AND IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSED. WILD ENERGY’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE TO REPAIR OR REPLACE THE NON-CONFORMING WARRANTED COMPONENTS AS PROVIDED ABOVE, OR AT ITS OPTION, REFUND THE PURCHASE PRICE FOR THE NON-CONFORMING WARRANTED COMPONENT.
LIMITATION OF LIABILITY. No claim by the customer of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Warranted Components which are claimed to be non-conforming. IN NO EVENT SHALL WILD ENERGY BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY IN TORT, CONTRACT OR OTHERWISE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OF EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF , OR AS A RESULT OF THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF BUYER TO ANY THIRD PARTY WITH RESPECT THERETO.