If 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
Blue Book 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 same or similar items can be purchased for in the United States; or
2.The aggregate ceiling amount for all Connected Equipment: CyberPower UP1200 - $100,000.00
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
If CyberPower replaces the connected equipment or pays to the Initial Customer the Agreed Damage Amount, the Initial Customer shall transfer all 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.
LIMITATION: THE LIMITED WARRANTY AND THE POWER CONTROL GUARANTEE DO NOT COVER
The Limited Warranty and the Power Control Guarantee are intended to exclusive rights and remedies and replace any other rights, to the extent allowed by law.
1.As to the CyberPower Product, the limited warranty does not cover or apply to: misuse, modification, operation or storage outside environmental limits for the Products, in transit, in shipment, or in storage, damage or deterioration, improper operation or maintenance, or use with items or equipment not designed or intended for use with the product.
2.As to Connected Equipment, the Power Control Guarantee covers only damage within the specific terms of the Power Control Guarantee to Connected Equipment (and only up to the applicable aggregate ceiling amount).
3.The Power Control Guarantee does not cover damage to Connected Equipment or apply if the Product has been operated in a failure mode or not in compliance with CyberPower operating instructions and manuals, or if the Connected Equipment has been operated in a failure mode or not in compliance with the instructions and manuals of its manufacturer/vendor.
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