APC VS 50 Limited Product Warranty, APC PRODUCTS COVERED Product or Products, Terms of Warranty

11 Limited Product Warranty

The limited warranty provided by American Power Conversion Corporation ("APC") in this Statement of Limited Factory Warranty applies only to Products Buyer purchases for your commercial or industrial use in the ordinary course of Buyer's business.

APC PRODUCTS COVERED ("Product or Products"):

Magnum VS 50

Magnum VS 100

Terms of Warranty:

APC warrants that the Product shall be free from defects in materials and workmanship, for a period of two (2) years from the date of shipment.

Warranty Procedure

If initial physical inspection results in identification of a material or workmanship flaw(s) that could impair Product performance as defined by APC’s electrical and physical specification in effect at the time of shipment, and if this flaw(s) is not due to transportation damage or installation abuse, contact APC or call the 24-hour emergency number, (800) 800 4APC, to request assistance.

You will be provided either a) an RMA number with instructions for return of the equipment or component(s) to the APC factory service center, FOB destination, freight pre-paid, for examination, or b) for non-returnable systems and equipment, notice to wait until an APC authorized service representative arrives at the site to inspect the equipment. Repaired or advance replacement modules or circuit components will normally be available within 24 to 48 hours of receipt of equipment or RMA.

Warranty Obligations - Repair or Replacement

If, during the warranty period, the Product is found to be physically or electrically faulty due to defective materials or workmanship, the defective Product(s) or component(s) will be repaired or replaced at the sole option of APC. If the procedure outlined above for contacting APC immediately after identifying a material or workmanship flaw(s) that could impair Product performance has been properly followed, such repair or replacement of Product(s) or component(s) shall include all charges for replacement materials or repair labor. Costs incurred for replacement installation including, but not limited to, installation equipment, travel expenses of an APC representative(s), and costs of installation material transportation expenses are not included as a part of this warranty. Any replacement components or materials furnished under this warranty may be new or factory remanufactured. THIS WARRANTY DOES NOT COVER CONSUMABLES OR PREVENTATIVE MAINTENANCE ITEMS. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR COMPONENT THEREOF DOES NOT EXTEND THE ORIGINAL WARRANTY PERIOD.

Exclusions and Limitations

This Warranty is extended to the first person, firm, association or corporation for whom the APC Product specified herein has been bought. This Warranty is not transferable or assignable without the prior written permission of APC.

This limited warranty does not cover damage due to external causes, including accident, abuse, misuse, servicing not authorized by APC, usage not in accordance with Product instructions, failure to perform preventative maintenance, and problems cause by use of parts and components not supplied by APC. This limited warranty does not apply to Products from which the serial numbers have been removed, or to conditions resulting from improper use, accidents, external causes, including installation, relocation of hardware, service or modifications not performed by APC or its authorized service providers, or operation outside the environmental parameters specified for the Product. APC does not warrant that the operation of any Product will be uninterrupted or error free. Warranty service may not be performed if APC or other suppliers reasonably believe conditions at the Buyer's site represent a safety or health risk.

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 YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF SUCH WARRANTIES. APC’S WARRANTIES RUN ONLY TO YOU 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.

Magnum VS –48 Vdc User’s Manual Page 60