MGE UPS Systems 40-150kVA user manual Applicable within the United States, Canada and Mexico

MGE Warranty & Proprietary Rights Statement for Three Phase Products

(Applicable within the United States, Canada and Mexico)

MGE Standard Three Phase Warranty

MGE UPS SYSTEMS, INC. (“MGE”) warrants three phase products it manufactures to be free from defects in materials and workmanship for a period of three hundred sixty five (365) days counting from the date of purchase by or for the first end user (“Purchaser”), or, if applicable, the date of MGE’s completion of initial startup of the subject product, provided however said warranty shall not exceed eighteen (18) months from the date of delivery of the subject product to Purchaser (the “Warranty Period”). MGE’s liability hereunder is limited to replacing or repairing at MGE’s factory or on the job site, at MGE’s option, any part or parts that are defective and reported to MGE during the Warranty Period. MGE 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 for repair or replacement must be sent freight prepaid to its factory. Purchaser must obtain MGE’s Return Goods Authorization (“RGA”) prior to returning items. The conditions stated herein must be met for MGE’s warranty to be valid. MGE will not be liable for any damage done by unauthorized repair work, unauthorized replacement parts, from any misappli- cation of the subject product, for damage due to accident, abuse, or act of God (such as earthquake, flood, inclement weather, rain or fire), or relating to Purchaser’s failure to follow proper environmental conditions for the product.

In no event shall MGE be liable for loss, damage, or expense directly or indirectly arising from the use of or any defects in the subject product, or from any other cause, except as expressly stated in this warranty. 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 OR NON-INFRINGEMENT. MGE is not liable for and Purchaser waives any right of action it has or may have against MGE 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 or the use, operation or maintenance of the subject product. The warranty stated herein includes parts and labor; however, MGE will not be liable for any labor subcontracted or performed by Purchaser for preparation of the warranted item for return to MGE’s factory or for preparation work for field repair or replacement, and MGE will not be responsible to pay any invoice therefore.

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 authorized officer of MGE UPS SYSTEMS, INC. This warranty shall extend to the Purchaser but to no one else. Accessories supplied by MGE, but manufactured by others, carry any warranty the manufactur- ers have made to MGE, 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 any products 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 other damages except as expressly stated herein.

Proprietary Rights Statement

The 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 intellectual property rights, including exclusive rights of use and/or manufacture and/or sale. Possession of this information does not convey any permission to reproduce, print, manufacture or have made the article or articles shown herein. Such permission may be granted only by specific written authorization signed by an authorized officer of MGE UPS SYSTEMS, INC.

IBM, PC-AT, ES/9000, and AS/400 are trademarks of International Business Machines Corporation. MGE and MGE UPS SYSTEMS are trademarks of MGE UPS SYSTEMS, INC. Other trademarks that may be used herein are owned by their respective companies and are referred to in an editorial fashion only.

For Three Phase Warranty outside of the United States, Canada and Mexico, refer to Three Phase International Warranty.

January 2005 Rev C00