General Warranty

LIMITED WARRANTY

By purchasing or using a product manufactured by Sun West Engineering, Inc. (“Sun West”), or by entering into any agreement with Sun West incorporating this document by reference, you agree to be bound by the following terms and conditions of Sun West’s limited warranty (the “Warranty”).

What Is Covered: For a period of three (3) years after the date your product is shipped from our factory, Sun West warrants its product to be free from defects in materials and workmanship when used normally and in accordance with all applicable laws and regulations, and in accordance with any guidelines, specifications, user manuals, and warnings published or communicated by Sun West to you.  This warranty is subject to the exclusions, disclaimers, and other limitations set forth below.

What Is Not Covered: This Warranty does not cover the following:

(a)    third-party products or components, such as trucks, HVAC units, generators, pneumatic mast and satellite equipment, which are sold by Sun West or integrated into Sun West products  (Such third-party components or products may be subject to their own manufacturer’s warranty);

(b)   damage caused by fire, earthquake, extreme weather (e.g. hurricanes, tornadoes), or environmental conditions (e.g. salt corrosion in coastal areas);

(c)    damage caused by accident, abuse, misuse, or other use of Sun West’s products in violation of any federal, state, or local law or regulation, or outside of any guidelines, specifications, user manuals, and warnings published or communicated by Sun West to you;

(d)   damage caused by service, repair, or modification of the product or its components, which are not performed or expressly authorized by Sun West;

(e)   damage caused by normal wear and tear or otherwise due to normal aging of the product or its components.

Your Responsibilities: To submit a valid claim under this Warranty, you must provide Sun West written notice and sufficient evidence of the alleged defect in materials or workmanship, within thirty (30) days after you first knew or should have known of such defect.  You also agree to provide any details and answer any questions to assist Sun West in identifying and diagnosing any defect, and in fulfilling any obligations under this Warranty.  In the event that you submit a claim under this Warranty, and upon further investigation, Sun West determines that your claim is not covered by the Warranty, Sun West reserves the right to invoice you on a time and materials basis, at our then current rates, for any work performed in responding to and investigating the claim.   Payment on any such invoice will be due and paid in accordance with the agreed upon payment terms under the contract.

Sun West’s Responsibilities: If you submit a valid and timely claim under this Warranty, at Sun West’s option, Sun West will (i) repair the product using new or previously used components that provide substantially the same performance and reliability as the original components; (ii) replace the defective product or component with the same product or component (or with your permission, one that has similar functionality and/or use); or (iii) exchange the product for a refund of your purchase price.

Disclaimers: To the extent authorized by law, Sun West disclaims all warranties and other remedies not expressly covered by this WARRANTY, whether oral, written, statutory, express, or implied, including without limitation any warranties of merchantability and fitness for a particular purpose AND warranties against hidden or latent defects.  TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, THEY ARE LIMITED TO THE DURATION AND REMEDIES AFFORDED IN THIS WARRANTY, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW.

Limitation of Liability: ANY LIABILITY OR DAMAGES ON THE PART OF Sun West ARE limited to the purchase price of the product.  To the extent authorized by law, you agree that Sun West is not responsible, and has no liability, for any damages (whether direct, special, incidental, or consequential) resulting from a breach of any warranty or condition, or under any other legal theory, with respect to any products purchased from Sun West, beyond those expressly covered by this WARRANTY.

General Terms: This Warranty shall be governed by and construed under the laws of the State of Arizona.  Any dispute arising out of or related to this Warranty, if unresolved, shall be litigated in the state or federal courts in Phoenix, Arizona, and each party waives any objection to the jurisdiction of or venue in such courts.