The liability of MGE UPS SYSTEMS, INC. hereunder is limited to replacing or repairing at MGE UPS SYSTEMS, INC.’s factory or on the job site at MGE UPS SYSTEMS, INC.’s option, any part or parts which are defective, including labor, for a period of 12 months from the date of purchase. The MGE UPS SYSTEMS, INC. shall have the sole right to determine if the parts are to be repaired at the job site or whether they are to be returned to the factory for repair or replacement. All items returned to MGE UPS SYSTEMS, INC. for repair or replacement must be sent freight prepaid to its factory. Purchaser must obtain MGE UPS SYSTEMS, INC.’s Return Materials Authorization prior to returning items. The above conditions must be met if warranty is to be valid. MGE UPS SYSTEMS, INC. will not be liable for any damage done by unauthorized repair work, unauthorized replacement parts, from any misapplication of the item, or for damage due to accident, abuse, or Act of God.
In no event shall the MGE UPS SYSTEMS, INC. be liable for loss, damage, or expense directly or indirectly arising from the use of the units, or from any other cause, except as expressly stated in this warranty. MGE UPS SYSTEMS, INC. makes no warranties, express or implied, including any warranty as to merchantability or fitness for a particular purpose or use. MGE UPS SYSTEMS, INC. is not liable for and Purchaser waives any right of action it has or may have against MGE UPS SYSTEMS, INC. for any consequential or special damages arising out of any breach of warranty, and for any damages Purchaser may claim for damage to any property or injury or death to any person arising out of its purchase of the use, operation or maintenance of the product. MGE UPS SYSTEMS, INC. will not be liable for any labor subcontracted or performed by Purchaser for preparation of warranted item for return to MGE UPS SYSTEMS, INC.’s factory or for preparation work for field repair or replacement. Invoicing of MGE UPS SYSTEMS, INC. for labor either performed or subcontracted by Purchaser will not be considered as a liability by the
MGE UPS SYSTEMS, INC.
This warranty shall be exclusive of any and all other warranties express or implied and may be modified only by a writing signed by an officer of the MGE UPS SYSTEMS, INC. This warranty shall extend to the Purchaser but to no one else. Accessories supplied by MGE UPS SYSTEMS, INC., but manufactured by others, carry any warranty the manufacturers have made to MGE UPS SYSTEMS, INC.. and which can be passed on to Purchaser.
MGE UPS SYSTEMS, INC. makes no warranty with respect to whether the products sold hereunder infringe any patent, U.S. or foreign, and Purchaser represents that any specially ordered products do not infringe any patent. Purchaser agrees to indemnify and hold MGE UPS SYSTEMS, INC. harmless from any liability by virtue of any patent claims where Purchaser has ordered a product conforming to Purchaser’s specifications, or conforming to Purchaser’s specific design.
Purchaser has not relied and shall not rely on any oral representation regarding the Product sold hereunder and any oral representation shall not bind MGE UPS SYSTEMS, INC. and shall not be part of any warranty.
There are no warranties which extend beyond the description on the face hereof. In no event shall MGE UPS SYSTEMS, INC. be responsible for consequential damages or for any damages except as expressly stated herein.
Proprietary Rights StatementThe information in this manual is the property of MGE UPS SYSTEMS, INC., and represents a proprietary article in which MGE UPS SYSTEMS, INC., retains any and all patent rights, including exclusive rights of use and/or manufacture and/or sale. Possession of this information does not convey any permission to reproduce, print, or manufacture the article or articles shown herein. Such permission may be granted only by specific written authorization, signed by an officer of MGE UPS SYSTEMS, INC.
IBM,
June 2004 Rev A01