Chapter 8 | Warranty |
Limited Factory Warranty
Powerware Energy Management System (EMS) Upgrade Kit
WARRANTOR: The warrantor for the limited warranties set forth herein is Eaton Electrical Inc., a Delaware Corporation (
LIMITED WARRANTY: This limited warranty ( Powerware EMS Upgrade Kit (
the Product is initially sold by Eaton for resale to an End−User.
LIMITED WARRANTY PERIOD: The period covered by this Warranty for Product installed [and currently located] in the fifty (50) United States and the District of Columbia is twelve (12) months from the date of Product shipment for parts replacement. The period covered by this Warranty for Product installed [and currently located] outside of the fifty (50) United States and the District of Columbia is twelve (12) months from the date of Product shipment for parts replacement.
WHAT THIS LIMITED WARRANTY COVERS: The warrantor warrants that the Powerware EMS Upgrade Kit and Eaton−provided accessories (individually and collectively, "Warranted Items") are free from defects in material and workmanship. If, in the opinion of Eaton, a Warranted Item is defective and the defect is within the terms of this Warranty, Eaton’s sole obligation will be to repair or replace such defective item (including by providing service, parts, and labor, as applicable), at the option of Eaton. Any parts that are replaced may be new or reconditioned. All parts replaced by Eaton shall become the property of Eaton. The End−User shall return the defective part or parts to a location specified by Eaton.
WHAT THIS LIMITED WARRANTY DOES NOT COVER: This Warranty does not cover any defects or damages
caused by: (a) failure to properly store the Product before installation; (b) shipping and delivery of the Product if shipping is FOB Factory; (c) neglect, accident, fire, flood, lightning, vandalism, acts of God, End−User’s neglect, abuse, misuse, misapplication, incorrect installation; (d) repair or alteration not authorized in writing by Eaton personnel or performed by an authorized Eaton Customer Service Engineer or Agent; or (e) improper testing, operation, maintenance, adjustment, or any modification of any kind not authorized in writing by Eaton personnel or performed by an authorized Eaton Customer Service Engineer or Agent.
This Warranty is not valid: (a) if the Product is moved to a new location by someone other than an authorized Eaton Customer Service Engineer (in the USA) or Agent (outside of the USA); or (b) if the Product’s serial numbers have been removed or are illegible. Any Warranted Items repaired or replaced pursuant to this Warranty will be warranted for the remaining portion of the original Warranty subject to all the terms thereof. Labor warranty is not provided.
Any equipment, parts, or materials included in the Product and not manufactured by Eaton are warranted solely by the manufacturer of such equipment, parts, or materials and are not included as part of this Warranty.
THIS WARRANTY IS THE END−USER’S SOLE REMEDY AND IS EXPRESSLY IN LIEU OF, AND THERE ARE NO OTHER EXPRESSED OR IMPLIED GUARANTEES OR WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED).
LIMITATION OF LIABILITY: In no event shall Eaton be liable for any indirect, incidental, special, or consequential damages of any kind or type whatsoever, or based on any claim or cause of action, however denominated. Eaton shall not be responsible for failure to provide service or parts due to causes beyond Eaton’s reasonable control. In no case will Eaton’s liability under this Warranty exceed the replacement value of the Warranted Items.
EATON Powerware® Energy Management System (EMS) Upgrade Kit User’s Guide S 164201724 Rev 1 www.powerware.com | 63 |
