Eaton Powerware 9130 User Manual page 116

WARRANTY
WHAT THIS LIMITED WARRANTY DOES NOT COVER:
This Warranty does not cover any defects or damages
caused by: (a) failure to properly store the Product before installation, including the charge of batteries no later than
the date indicated on the packaging; (b) shipping and delivery of the Product if shipping is FOB Factory; (c) neglect,
accident, abuse, misuse, misapplication, or incorrect installation; (d) repair or alteration not authorized in writing by
Company personnel or performed by an authorized Company Customer Service Engineer or Agent; (e) improper
testing, operation, maintenance, adjustment, or modification of any kind not authorized in writing by Company
personnel or performed by an authorized Company Customer Service Engineer or Agent; or (f) use of the Product
under other than normal operating conditions or in a manner inconsistent with the Product's labels or instructions.
This Warranty is not valid if the Product's serial numbers have been removed or are illegible. Any Warranted Items
repaired or replaced pursuant to this Warranty will be warranted for the remaining portion of the original Warranty
subject to all the terms thereof.
Company shall not be responsible for any charges for testing, checking, removal or installation of Warranted Items.
COMPANY DOES NOT WARRANT EQUIPMENT NOT MANUFACTURED BY COMPANY. IF PERMITTED BY THE
APPLICABLE MANUFACTURER, COMPANY SHALL PASS THROUGH SUCH MANUFACTURER'S WARRANTIES TO
END-USER.
COMPANY DOES NOT WARRANT SOFTWARE, INCLUDING SOFTWARE EMBEDDED IN PRODUCTS, THAT IS NOT
CREATED BY COMPANY. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DOES NOT WARRANT
SOFTWARE (SUCH AS LINUX) THAT WAS CREATED USING AN "OPEN SOURCE" MODEL OR IS DISTRIBUTED
PURSUANT TO AN OPEN SOURCE LICENSE.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY COMPANY WITH RESPECT TO THE
PRODUCTS AND SERVICES AND, EXCEPT FOR SUCH FOREGOING WARRANTY COMPANY DISCLAIMS ALL OTHER
WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON-CONFORMITIES IN
THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE COMPANY'S SOLE
LIABILITY AND END-USER'S EXCLUSIVE REMEDY FOR FAILURE OF COMPANY TO MEET ITS WARRANTY
OBLIGATIONS, WHETHER CLAIMS OF THE END-USER ARE BASED IN CONTRACT, IN TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
LIMITATION OF LIABILITY:
The remedies of the End-User set forth herein are exclusive and are the sole remedies
for any failure of Company to comply with its obligations hereunder. In no event shall Company be liable in contract,
in tort (including negligence or strict liability) or otherwise for damage to property or equipment other than the
Products, including loss of profits or revenue, loss of use of Products, loss of data, cost of capital, claims of
customers of the End-User or any special, indirect, incidental or consequential damages whatsoever. The total
cumulative liability of Company hereunder whether the claims are based in contract (including indemnity), in tort
(including negligence or strict liability) or otherwise, shall not exceed the price of the Product on which such liability
is based.
Company shall not be responsible for failure to provide service or parts due to causes beyond Company's
reasonable control.
END-USER'S OBLIGATIONS:
In order to receive the benefits of this Warranty, the End-User must use the Product
in a normal way; follow the Product's user's guide; and protect against further damage to the Product if there is a
covered defect.
OTHER LIMITATIONS:
Company's obligations under this Warranty are expressly conditioned upon receipt by
Company of all payments due to it (including interest charges, if any). During such time as Company has not
received payment of any amount due to it for the Product, in accordance with the contract terms under which the
Product is sold, Company shall have no obligation under this Warranty. Also during such time, the period of this
Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of any
overdue or unpaid amounts.
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Eaton ® 9130 UPS (700–3000 VA) User's Guide