WARRANTY

GENERAL PROVISIONS

FALCON® ELECTRIC INC., hereby warrants product shipped under this agreement to be free from defective workmanship for a period of two years following date of shipment. This Limited New Product Warranty Agreement only applies to covered repairs to the product occurring within the United States and Canada.

EXCLUSIONS:

The following are not covered by the Falcon Electric Limited New Product Warranty:

1.DAMAGE DUE TO ACCIDENTS, FRAUD, INTENTIONAL NEGLIGENCE, MISUSE, IMPROPER INSTALLATION, UNAUTHORIZED ADJUSTMENTS, MODIFICATIONS, ALTERATIONS, DISCONNECTION, TAMPERING: Accidents or acts of nature or other events beyond the control of Falcon Electric, damage from impact, contaminants, fire, or water, misuse of the product such as sustained overloading, improper installation or operation, operation in an uncontrolled environment.

2.DAMAGE DUE TO IMPROPER INSTALLATION OR LACK OF MAINTENANCE: Lack of proper maintenance as outlined in the owner's manual.

3.NORMAL MAINTENANCE: Cleaning, replacement of leaking or outdated batteries.

4.DAMAGE DUE TO ALTERATIONS: Alterations by changing or adding to the product by any unauthorized personnel or service organization.

5.DAMAGE CAUSED BY OTHER THAN ORIGINAL EQUIPMENT PARTS. Any malfunctions caused by the use of other than Falcon Electric original equipment parts such as batteries, line cords and plugs, output receptacles, or any other part.

6.BROKEN OR TAMPERED WARRANTY SEALS: Falcon Electric will deem all warranties null and void in the event warranty seals are broken or show signs of removal or tampering.

7.CONSEQUENTIAL DAMAGES: This Limited New Product Warranty does not cover any consequential or secondary damages that may be suffered as a result of usage of the product or the need to repair or replace a warranted part except to the extent coverage of such damage is required by the state whose law governs the Falcon Electric Limited New Product Warranty.

8.REPAIRS BY UNAUTHORIZED SERVICE ORGANIZATIONS OR PERSONNEL: Otherwise covered repairs when the prescribed repair is not performed by the Falcon Electric Service Center or by a Falcon Electric authorized third party service organization.

9.LIABILITY FROM USE OF THE PRODUCT: Liability for damage to property or injury or death of any person arising out of the operation, maintenance, or use of the product weather.

10.Warranty void if the battery is allowed to discharge below the minimum battery cutoff point. To prevent such discharge, remove the battery fuse, or switch the battery disconnect to the off position when the unit is to be stored without the AC power being supplied to the UPS for more than two days. The battery must be recharged every three to four months when not in use.

11.This product is not recommended, and Falcon Electric Inc. will not knowingly sell this product, for use with life support and other designated “critical devices". ANY SUCH USE BY A USER AUTOMATICALLY VOIDS AND DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND EXPRESS WARRANTIES THAT THIS PRODUCT WILL CONFORM TO ANY AFFIRMATION OR PROMISE, FOR THIS PRODUCT AND THE USER AGREES THAT IN NO EVENT SHALL FALCON ELECTRIC INC. BE LIABLE FOR CONSEQUENTIAL OR INDIRECT DAMAGES.

LIMITS OF LIABILITY:

LIMITATION OF LIABILITY: THERE IS NO LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE UNDER THESE WARRANTIES INCLUDING BUT NOT LIMITED TO, LIABILITY FOR INJURY, LOSS OF LIFE, PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF TIME, INCONVENIENCE OR COMMERCIAL LOSS, OR BREACH OF IMPLIED OR EXPRESSED WARRANTIES. ANY AND ALL SUCH LIABILITY IS EXPRESSLY EXCLUDED. IN NO EVENT SHALL FALCON ELECTRIC BE RESPONSIBLE FOR ANY AMOUNT EXCEEDING THE ACTUAL MARKET VALUE OF THE PRODUCT. Some states do not permit the exclusions of limitations of incIdental or consequential damages, so these limitations may not apply to you.

TRANSFER:

This Falcon Electric Limited New Product Warranty is not transferable in the event of the product ownership being transferred during the warranty coverage period.

ITEM COVERAGE:

Effective January 1, 2000, FALCON® ELECTRIC hereby warrants product shipped under this Agreement to be free from defective workman ship for a period of two years following date of shipment. Coverage under this Falcon Electric New Product Warranty Agreement commences with the date of shipment defined as the date on the Bill of Lading. If no Bill of Lading is issued, the date of shipment shall be shown on seller's shipping document. The Falcon Electric Limited New Product Warranties expire two years from the aforementioned commencement date. Falcon Electric Inc. reserves the right to make changes, additions, and/or other improvements in its products without incurring any obligation to install them on its products previously sold. This Warranty is valid for product as sold.

1.For product located in the continental United States and Canada deemed by Falcon Electric to be covered under this warranty, Falcon Electric will pay shipping costs associated with the return and repair of product under the following conditions only:

a.Falcon Electric will pay shipping costs both to and from our U.S. Service Center for the first 30 days from the original date of invoice. During this 30 day period, Falcon Electric may elect to ship a new unit to replace the defective product.

b.After the first 30 days and up to 90 days from the original date of invoice, the end-user is responsible for shipping costs associated with sending the defective unit to the Falcon Electric U.S. Service Center. Falcon Electric will pay shipping costs associated with returning the repaired product to the end-user. During this 60 day period Falcon Electric may elect to offer a loaner unit, providing the end-user agrees to pay for all shipping costs associated with transportation of the loaner unit both from and return to the Falcon Electric U.S. Service Center.

c.All shipping costs for product submitted beyond 90 days of the original date of invoice is the responsibility of the end- user.

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