CPS1250AVR
Guaranteed Uninterruptible Power System
The Power Control Guarantee is not “first dollar” coverage. CyberPower’s obligation is reduced by any amounts that Initial Customer is entitled to recover from other sources regarding the Connected Equipment, including insurance, other warranty, or extended warranty coverage, whether or not the Initial Customer makes a claim for recovery, including but not limited to a claim under any applicable insurance, other warranty, or extended warranty.
The Power Control Guarantee is separate from the Limited Warranty, but they are related. The Limited Warranty does not cover Connected Equipment, but as is explained below, to be covered under the Power Control Guarantee, the Connected Equipment must have been damaged due to a failure of the Product that is covered by the Limited Warranty. The Connected Equipment must have been damaged due to a defect in materials or workmanship of the Product, and the Product must still be covered by the Limited Warranty and the Initial Customer has made a valid claim for the Product under the Limited Warranty.
In the event of damage to the Connected Equipment, your exclusive remedy, and CyberPower’s sole obligations, are as follows for Connected Equipment. If (a) the Product purchased and owned by you is defective in material or workmanship under the Limited Warranty or any applicable Implied Warranty; (b) the Limited Warranty requirements have been met, and; (c) none of the limitations or exclusions on warranty coverage apply, CyberPower will (as CyberPower elects, as permitted by law), repair, replace, or pay the Agreed Damage Amount (defined below) for, the item(s) of your electronic equipment directly and properly connected to the product (the “Connected Equipment”) if that Connected Equipment is (x) damaged by AC power line transients, spikes, or surges on properly installed, grounded, and
To make a Warranty claim for damage to Connected Equipment under the Power Control Guarantee, you must do the following:
1.Complete and return the CyberPower Warranty Registration Card or provide reasonable proof (for example, a sales receipt) that establishes you as the Initial Customer (the original consumer purchaser of the Product) within ten (10) days of the event for which you want to make a claim for warranty service.
2.Call CyberPower at (952)
3.When you call, write or
4.Pack and ship the Product to CyberPower and, if requested by CyberPower the item(s) of Connected Equipment, a repair cost estimate for the damage to the Connected Equipment and/or a written statement of how the damage occurred, as instructed in your Return Material Authorization. Show the Return Material Authorization code on the shipping label or include it with the Product. Initial Customer shall prepay all shipping costs and is responsible for packaging and shipment.
CyberPower will inspect and examine the Product and the item(s) of Connected Equipment (or at CyberPower’s election, your written statement and repair cost estimate for those item(s)). You must return the product for inspection.
If the Product is warranted under the Limited Warranty and the damage to Connected Equipment is covered by the Power Control Guarantee, CyberPower will (in addition to Limited Warranty remedies for the CyberPower Product itself) repair (or pay the costs of repair) or replace the Connected Equipment or, at the option of CyberPower, as permitted by law, pay to the Initial Customer the “Agreed Damage Amount” (up to the aggregate limits stated below) for all item(s) of Initial Customer’s Connected Equipment. The “Agreed Damage Amount” for all items of Initial Customer’s Connected Equipment shall be the lesser of the amount determined under Clause (1) or (2) below, reduced by any amounts described in Clause (3) below:
1.The fair market value of the Connected Equipment as established by the lower of (a) the average price the same or similar items are being sold for on eBay, (b) the price list of the Boston Computer Exchange on the date of occurrence (or if such price list is no longer published, a published or announced price list reasonably selected by CyberPower), or (c) the lowest price the Connected Equipment can be purchased for in the United States; or
2.The aggregate ceiling amount for all Connected Equipment as set forth below, minus:
3.The amount(s) of all payment you have or are entitled to receive from insurance, other warranties, extended warranties, or from other sources or persons for the Connected Equipment or damage to such equipment so that CyberPower’s maximum liability shall be reduced to reflect all such other payments or sources of recovery:
CyberPower
4.If CyberPower replaces the Connected Equipment or pays to the Initial Customer the Agreed Damage Amount, the Initial Customer shall transfer such item(s) to CyberPower without warranty by the Initial Customer, but free of lien or other interest.
CONDITIONS COMMON TO THE LIMITED
WARRANTY AND THE POWER CONTROL GUARANTEE
The Limited Warranty and the Power Control Guarantee are the only and the exclusive express warranty of CyberPower with respect to the Product. This exclusion of other express warranties applies to written and oral express warranties. Any Implied Warranty of Merchantability or for Fitness for a
Particular Purpose, if applicable to the Product, is limited in duration to the period of ownership by the Initial Customer. This provision shall NOT create any Implied Warranty or Merchantability or of Fitness for a Particular Purpose that would not Otherwise apply to the Product. NOTE:
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
11
