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Western Weather Group, Inc. Limited Warranty

1. Scope of Coverage

This limited warranty applies only to new weather station assemblies (“Stations”), including station components, such as sensors, dataloggers or other components (“Components”) provided by WWG, where Stations are assembled by WWG and installed by an authorized WWG contractor.

2. Twelve-month Limited Repair Warranty

WWG warrants only to the original end-user purchaser (“Customer”) of a Station that the assembly will be free from defects in materials and workmanship for a period of up to twelve (12) months from the completion of its initial installation when used under normal application and service conditions for monitoring weather and installed in strict accordance with WWG’s installation instructions, subject to the terms, conditions, and limitations described below. If a Station fails to conform to this limited warranty, then during the warranty period, WWG will provide to the original Customer the necessary replacement parts or at WWG’s option will replace the defective Station with a new Station of at least materially the same quality, within a reasonable time. Replacement Stations will be subject to the same limited warranty provisions and original term as the original Station. All replaced Stations will become the property of WWG. This limited warranty does not include the costs of installation, removal, transportation or any other related labor costs, the costs of shipping or any other related costs resulting from the lack of operation of the Station, the costs of which are the sole responsibility of the Customer. This limited warranty is not assignable and applies only to the original Customer while at the location of original installation. This limited warranty terminates upon the first to occur of a change in ownership (as reasonably determined by WWG) of the premises at which the Station was originally installed, or the removal of the Station from its original location of installation, or as otherwise described herein.

3. Limitations and Exclusions to Warranty Coverage

  1. IMPROPER INSTALLATION, TRANSPORTATION OR HANDLING. Installation, transportation and handling must be performed with care and in strict compliance with WWG’s instructions. The WWG limited warranties do not apply to any Station that has been damaged through or as a result of improper installation, application, transportation or handling.
  2. MAINTENANCE AND REPAIR. The Station must be properly and routinely maintained in a reasonable manner and in accordance with WWG’s maintenance instructions. Improper or incorrectly performed maintenance or repair voids all WWG warranties. If it appears to you that any warranted component or part is not functioning properly, promptly notify WWG.
  3. NEGLIGENCE, ABUSE, MISUSE, ALTERATIONS OR ACCIDENT. The Station must be operated in accordance with WWG’s operating instructions. Damage due to negligent use or storage, or abuse, accident, vandalism or misuse of a Station will void warranty coverage. WWG Stations are not warranted for any use other than their intended use in accordance with WWG’s operating instructions. Any failure to use the Station for its intended use and in accordance with WWG’s operating instructions will void the warranty. This limited warranty does not cover damage due to alterations, vandalism, accidents, lightning, flood, fire or other abnormal weather conditions or acts of God.
  4. ORDINARY WEAR AND TEAR. WWG warranty coverage does not apply to conditions arising from ordinary wear and tear or that may occur in normal operations over time or to the normal effects of exposure to weather conditions over time. Normal fading and minor deterioration of exterior surfaces resulting from exposure to the elements are specifically not covered unless the fading is the result of a defect in materials or workmanship.

4. Warranty Repair and Service

  1. WARRANTY SERVICE. Warranty repair and service will be provided by a WWG authorized contractor. This will ordinarily be the contractor from whom installed your Station. If the installing contractor is not available, you may contact WWG to arrange for warranty service. To verify that your limited warranties are still in effect, you must furnish proof of purchase, the date and location of installation, and verify that the installation was performed in strict compliance with WWG’s installation instructions.
  2. IF REPLACEMENT IS REQUIRED. Warranty replacement will be made by WWG directly. Contact WWG to obtain a return materials authorization (RMA). Once you have an RMA, you can return the Station or Component for warranty service to WWG at its facility with proof of warranty coverage. WWG then will promptly repair or replace the defective Station or Component and will return it to you.

5. No Other Express Warranties; Severable Terms; General Limitation

Unless otherwise explicitly agreed to in writing by WWG, it is understood that the WWG limited warranties described above are the only written warranties given by WWG and WWG expressly disclaims all other warranties. WWG neither allows nor authorizes any person or company (including WWG authorized contractors) to extend any warranties, obligations or liabilities on behalf of WWG or in connection with WWG products other than as described in the above express written warranty. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WWG SHALL NOT BE LIABLE, IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS OF 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, INSTALLATION, SERVICING, USE OR LOSS OF USE OF ANY STATION OR COMPONENT, OR FOR ANY LIABILITY OF CUSTOMER TO ANY THIRD PARTY WITH RESPECT THERETO, ANY BREACH OF THE ABOVE EXPRESS WARRANTIES, OR FOR ANY NEGLIGENCE BY IT OR ITS CONTRACTORS. If any provision or part of the WWG limited warranties are held to be invalid, void or unenforceable, such holding will not affect any other portion or provisions of the WWG limited warranties and all other terms and conditions shall remain in effect to the fullest extent permitted by law. All terms and conditions of these WWG limited warranties are severable. WWG is not responsible for any delay or non-performance due to war, riot, strikes, or other events beyond its reasonable control, including but not limited to events or conditions not reasonably known or understood at the time of sale.

6. No Implied Warranties or Warranties as to Performance Levels

Except as expressly set forth herein, and to the fullest extent permitted by applicable law, the Stations are provided on an “as is” basis and “with all faults;” there are no warranties of any kind, express or implied, including but not limited to, any warranty of title, of merchantability or fitness for any particular purpose, compatibility, security or accuracy; and there are no warranties as to the specific level of performance of the Stations, any resulting down-time, or any accuracy to which the weather data is measured, collected, transmitted or delivered. In any case where an implied warranty cannot be disclaimed by law or is otherwise found to have been made, the expiration of such implied warranty shall occur simultaneously with the expiration of the express limited warranty granted herein. Your rights hereunder and/or limited hereby may vary according to applicable law.