International Limited Warranty, Force Majeure

Appendix

International Limited Warranty

Powerware Corporation warrants the electronics modules manufactured by Powerware Corporation (“Unit”) and batteries originally packaged in the Unit or in battery packs manufactured by Powerware Corporation against defect in material or workmanship until the earlier of: (1) 18 months from date of shipment or (2) 12 months from date of initial start-up is performed by Powerware Corporation field personnel or field personnel authorized by Powerware Corporation to carry out such service efforts on its behalf and provided that, startup occurs no later that 6 months after shipment. If the unit does not function in accordance with its published specification, the user should give Powerware Corporation prompt notice thereof and if requested by Powerware Corporation, the user shall return the warranted Unit or parts thereof to the plant or service station designated by Powerware Corporation for inspection by Powerware Corporation. Any Unit which may require repair and/or replacement of parts as the result of defects in workmanship or material within the stated warranty period, will be replaced or repaired at Powerware Corporation’s option without charge for replacement parts. The cost of shipment, duties or all other expenses associated with shipment of repaired or replaced items is for the account of the user.

Powerware Corporation will not be responsible or liable for work done or expense incurred in connection with repair or replacement except as expressly authorized by Powerware Corporation, Raleigh, NC, USA in writing. If a service engineer is required, labor, at current published rates, and all travel and living expenses are for the account of the user.

Powerware Corporation does not warrant equipment not manufactured by Powerware Corporation including any battery not originally packaged with the Unit or in battery packs manufactured by Powerware Corporation. The manufacturer of all such equipment shall solely warrant that equipment and Powerware Corporation shall have no responsibility or liability thereof.

IT IS AGREED THAT Powerware Corporation, ITS PARENT COMPANY, OR ANY OF THEIR AFFILIATES, SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, AND THAT THERE IS NO WARRANTY, EITHER EXPRESSED OR IMPLIED BY LAW OR THE PARTIES HERETO, OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. THIS WARRANTY DOES NOT COVER DAMAGE TO THE UNIT CAUSED BY MISUSE, ABUSE, NEGLECT, UNAUTHORIZED MODIFICATIONS, IMPROPER MAINTENANCE, ACCIDENTS OR OTHER ABNORMAL CONDITIONS.

Force Majeure

Powerware Corporation shall not be liable for any delays or defaults hereunder by reason of fire, floods, acts of God, labor troubles, accidents to machinery, delays of carriers or suppliers, inability of suppliers to supply, the impositions of priorities, restrictions or other acts of government, or other causes beyond its reasonable control.

This Warranty shall be governed by the laws of the State of North Carolina, USA in all respects.

BestLink SNMP/WEB Adapter User’s Guide : LTM-1343 B Draft 10/03/2001