This Rider incorporates by reference the Terms and Conditions in GE Industrial Systems (herein called GE) GETC2003, and includes the following additional provisions contained herein.
In the event of conflict between this Rider and GETC2003, the Rider shall take precedence.
Limitation on use with life support equipment:
Customer understands and agrees that the products sold hereunder are not intended for application or use, and shall not be used: (i) in conjunction with or for life support equipment when failure of any product can be reasonably be expected to cause failure of or diminish the effectiveness of such life support Customer represents and warrants that it shall NOT USE THE PRODUCTS FOR ANY SUCH PURPOSES, OR PERMIT OTHERS TO USE THE PRODUCTS FOR ANY SUCH PURPOSES.
If, in breach of the foregoing, any such use occurs, Seller shall have no liability for any resulting damage or injury, in addition to any other legal or equitable rights of Seller, Customer shall indemnify Seller against any such liability, whether arising as a result of breach of contract, warranty, indemnity, tort (including negligence),
strict liability or otherwise.
WARRANTY: Seller warrants to Customer that during the “Warranty Period” applicable for its SitePro, Digital EnergyTM SG Series and LP Series UPS Product furnished hereunder (the “Product”) will be free from defects in material, workmanship and title.
The warranty period (“Warranty Period”) for the specified Product begins on the earlier of three (3) months after the delivery date or upon commissioning of the Product (if applicable) and ends at the end of the period as set forth below:
The Warranty Period for the specified Product is as follows:
SitePro / Digital EnergyTM SG Series UPS | 12 Months |
LP Series UPS | 24 Months |
In no case does this warranty apply to any failure or nonconformance with specifications caused by or attributable to any associated or complementary products not supplied under these Terms and Conditions, nor shall it in any case apply to the quantity or quality of the product of Customer or the process of manufacture on which any products are used.
The warranties and remedies set forth herein are conditioned upon
(a)proper transportation, handling, storage, installation, commissioning, operation, use and maintenance in conformance with the operation instruction manuals (including revisions thereto) provided by Seller, any applicable recommendations of Seller and any applicable laws, regulations or codes (b) repair or modification pursuant to Seller’s instructions or approval and (c) Customer promptly notifying Seller of any defects and, if required, promptly making the Product available for correction at Customer’s expense. This warranty shall not apply (a) if Customer or any other unauthorized person has made any modifications, alterations or repairs to the Product not authorized by Seller, including Customer’s use of parts in conjunction with the Product (excluding batteries) not admitted or delivered by Seller, (b) to a Product with removed or altered serial numbers, (c) to a Product damaged by acts of God, sources external to the Product, misuse, accident, abuse, neglect, negligence, or use beyond rated capacity, and (d) if GE authorized field service technician does not commission Digital Energyæ SG Series UPS and SitePro UPS.
If any Product or service fails to meet the foregoing warranties (except title), Seller shall thereupon correct any such failure either, at its option, by (i) repairing any defective or damaged part or Product and/or reperforming any defective service or (ii) making available, F.O.B. at Seller’s facility, place of manufacture or other mutually agreed upon point of shipment, any necessary repaired or replacement parts; provided, however, that prior to repairing any defective or damaged part or Product, Seller shall have received, at Customer’s cost, such part or Product in need of repair or replacement.
If reperformance is not practicable, Seller will furnish without charge services in an amount essentially equal to those that, in the sole judgment of Seller, would have been required for reperformance.
Where a failure cannot be corrected by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price.
In providing a replacement Product or parts, Seller reserves the right to use refurbished circuit boards, which shall be warranted in accordance with this Warranty Provision.
The correction of any failure or the supply of repaired or replacement parts or Products pursuant to this Warranty Provision shall not extend the duration of the applicable Warranty Period.
Seller does not warrant the following items: (i) computer hardware, (ii) any computer software, including software provided by Seller with any Product, (iii) products or services obtained from others or (iv) any batteries used in conjunction with the products, including those provided by Seller, and in regard to these items, only the warranty of the manufacturer, if any, shall apply.
Seller's obligation under this Provision entitled “Warranty” shall terminate immediately upon any modification of the Product by Customer unless made with the approval of Seller.
The Warranty Period applicable to each Product can be extended, if Customer purchases an extended warranty from Seller. If Customer purchases an extended warranty from Seller, the terms of such extended warranty shall supersede these warranty provisions.
THE PRECEDING PARAGRAPHS OF THIS WARRANTY PROVISION SET FORTH THE EXCLUSIVE CLAIMS (EXCEPT AS TO TITLE) BASED ON DEFECT IN OR FAILURE OF A PRODUCT, WHETHER THE CLAIM IS IN CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Upon the expiration of the applicable Warranty Period, all such liability shall terminate and Customer shall have a reasonable time, not to exceed thirty (30) days after the applicable Warranty Period, to give written notice of any defects that appeared during the Warranty Period.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY.
NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
INSTALLATION AND COMMISSIONING OF INSTALLABLE SYSTEMS: If the Products cannot be installed immediately after delivery, Customer is responsible for maintaining proper storage conditions according to operating manuals and any other instructions provided by Seller.
Installable Products may only be installed by certified electrical installers and must be installed according to Seller’s specifications, appropriate national electrical codes and accepted standards of workmanship.
For purposes of these GE Terms and Conditions, “Installable Products” shall mean Products that require the services of a certified electrical installer to be connected to the power grid.
The commissioning of installable Products may only be done by a technician authorized by Seller and must be done according to Seller’s specifications.
For purposes of these GE Terms and Conditions, “commissioning” shall mean the start-up of the installable Products and the testing of the installable Products in connection with the load.
If commissioning is to be performed by Seller, Seller may refuse to commission the installable Products, if the operating conditions at Customer’s site do not allow safe commissioning and operation of the installable Products.
Any costs resulting from a delay in commissioning will be charged to Customer.
