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5.3 WARRANTY REPAIR OR REPLACEMENT
If, during the warranty period, the supplied equipment is physically or electrically unsound due to defective materials or workmanship on the part of APC DC Network Solutions Inc., the defective product or component(s) will be repaired or replaced at the sole option of APC DC Network Solutions Inc. without charge to the purchaser (user) for replacement materials or factory repair labor. The procedures outlined above are likewise applicable. However, costs of replacement installation including, but not limited to, installation equipment, travel expenses of APC DC Network Solutions Inc. Representative(s), and costs of material transportation expenses will be born by the purchaser (user). The replacement product or component(s) shall only complete the remaining unused portion of the original warranty of the replaced product or component(s).
5.4 EXCLUSIONS AND LIMITATIONS
1.This warranty applies only to the original US domestic purchaser (user) and is not transferable internationally, except with expressed written consent from APC DC Network Solutions Inc. headquarters in Dallas, Texas.
2.APC DC Network Solutions Inc. reserves the right to void the warranty if identification marks or serial numbers have been removed or tampered with, or defect is determined to have been caused by misuse, neglect, improper installation, environmental condition,
3.This warranty does not cover physical damage due to the acts of nature or man, which stress the equipment or component(s) beyond design limits and exert undesirable influence aside from normal wear and tear.
4.APC DC Network Solutions Inc. assumes no responsibility for any work accomplished or expenses incurred except with expressed written consent from APC DC Network Solutions Inc., Dallas TX.
5.APC DC Network Solutions Inc. shall not be liable to the purchaser (user) or any other third party, for indirect, incidental, or consequential damages such as, but not limited to, loss of use, loss of profits, costs associated with removal/installation of defective product or component(s) arising out of the sale or relating to the use of this product, and the purchaser (user) assumes responsibility for all personal injury and property damage resulting from the handling, possession or use of the product. In no event shall the liability of APC DC Network Solutions Inc. for any and all claims, including claims for breach of warranty or negligence, exceed the purchase price of the product giving rise to the claim.
THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER REMEDIES, INCLUDING ACTIONS FOR CONTRACT OR NEGLIGENCE. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
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