12 Limited Warranty
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper
application, wrong or inadequate electrical current or connection, inadequate water or drain ser-
vices, negligence, inappropriate on site operating conditions, corrosive atmosphere, repair by non-
Liebert designated personnel, accident in transit, tampering, alterations, a change in location or
operating use, exposure to the elements, Acts of God, theft or installation contrary to Liebert' rec-
ommendations or specifications, or in any event if the Liebert serial number has been altered,
defaced or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, circuit breaker reset-
ting or maintenance or service items and further, except as provided herein, does NOT include
labor costs or transportation charges arising from the replacement of the Liebert product or any
part thereof or charges to remove same from any premises of the User.
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY use of the Liebert
product in combination with any electrical or electronic components, circuits, systems, assem-
blies, or other materials not furnished by Liebert. Liebert does NOT warrant the suitability for
use or the results of the Liebert product in combination with the products of others.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT
EXTEND THE ORIGINAL WARRANTY PERIOD.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE LIE-
BERT PRODUCT AS SET FORTH HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF
COMPETENT JURISDICTION, LIEBERT' RESPONSIBILITY FOR PROPERTY LOSS OR
DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE.
IN NO EVENT SHALL LIEBERT ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCI-
DENTAL, OR ECONOMIC CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS IN TERRUPTION OR
LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEG-
LIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.
Miscellaneous:
NO SALESPERSON, EMPLOYEE OR AGENT OF LIEBERT IS AUTHORIZED TO ADD TO OR
VARY THE TERMS OF THIS WARRANTY. Warranty terms may be modified, if at all, only in a
writing signed by a Liebert' officer.
This Warranty is effective as of the date of Liebert receipt of payment and supersedes all previous
warranties. Liebert reserves the right to supplement or change the terms of this Warranty in any
subsequent warranty offering to User or others.
In the event that any provision of this Warranty should be or becomes invalid and/or unenforce-
able during the warranty period, the remaining terms and provisions shall continue in full force
and effect.
This Warranty is given in and is intended to be construed under the laws of the State of Ohio.
This Warranty represents the entire agreement between Liebert and User with respect to the
subject matter herein and supersedes all prior or contemporaneous oral or written communica-
tions, representations, understandings or agreements relating to this subject.