American Power Conversion 120-160kW Warranty

Warranty

990-4036

APC warrants that the unit, when properly installed and commissioned by APC or APC

authorized service personnel, shall be free from defects in materials and workmanship for a

period of (1) year from the date of installation or maximum 18 months after manufacturing. In

the event that the unit fails to meet the foregoing warranty, APC shall for a period of one (1)

year repair or replace any defective parts, without charge for on-site labor and travel if trained

& authorized APC personnel has conducted start-up of the unit.

An APC Start-Up Service must be performed/completed by APC or APC authorized service

personnel or the on-site factory warranty will be voided and replacement of defective parts only

will be covered. APC shall have no liability and no obligation to repair the installed unit if non-

authorized APC personnel performed the start-up and such start-up caused the unit to be

defective.

APC SHALL NOT BE LIABLE UNDER THE WARRANTY IF ITS TESTING AND

EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES

NOT EXIST OR WAS CAUSED BY PURCHASER’S OR ANY THIRD PERSON’S MISUSE,

NEGLIGENCE, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS

TO REPAIR OR MODIFY, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE

INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR

OTHERWISE, OF PRODUCTS SOLD, SERVICED OR FURNISHED UNDER THIS

AGREEMENT OR IN CONNECTION HEREWITH. APC DISCLAIMS ALL IMPLIED

WARRANTIES OF MERCHANTABILITY, SATISFACTION AND FITNESS FOR A

PARTICULAR PURPOSE. APC’S EXPRESS WARRANTIES WILL NOT BE ENLARGED,

DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY WILL ARISE

OUT OF, APC’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN

CONNECTION WITH THE PRODUCTS. THE FOREGOING WARRANTIES AND

REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND

REMEDIES. THE WARRANTIES SET FORTH ABOVE, CONSTITUTE APC’S SOLE

LIABILITY AND PURCHASER’S EXCLUSIVE REMEDY FOR ANY BREACH OF SUCH

WARRANTIES. APC’S WARRANTIES RUN ONLY TO PURCHASER AND ARE NOT

EXTENDED TO ANY THIRD PARTIES.

IN NO EVENT SHALL APC, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES

BE LIABLE FOR ANY FORM OF INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE

DAMAGES, ARISING OUT OF THE USE, SERVICE OR INSTALLATION, OF THE

PRODUCTS, WHETHER SUCH DAMAGES ARISE IN CONTRACT OR TORT,

IRRESPECTIVE OF FAULT, NEGLIGENCE OR STRICT LIABILITY OR WHETHER APC

HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.