LIMITED FACTORY WARRANTY FOR THREE-PHASE POWERWARE PRODUCTS

Subject to the conditions herein, Powerware (Powerware) warrants solely, to the original end-user, the electronics (the “Unit”), and Powerware built battery cabinets, against defects in material and workmanship for the warranty period of 12 months, from the date of equipment start up, or 18 months from date of shipment, whichever occurs first. Should service be necessary, this warranty covers:

USA only:

The Powerware 9315, 9320, 9330, 9335, BPIII, and BPIV three-phase UPS products are sold with a

 

standard factory warranty (described below), start up, and extended labor service.

 

All three-phase UPS installations will have an authorized Powerware Service Engineer perform startup or

 

the factory warranty and extended labor service will be void. The included first year extended labor service

 

provides for a complete 12 months of onsite labor for your UPS purchase.

Worldwide:

All parts requiring replacement for the Factory Warranty period.

If, in the opinion of Powerware, the Unit fails to meet published specifications and the defect is within the terms of this warranty, the Unit will be repaired or replaced at the option of Powerware with no charge for replacement parts. Labor required, to make upgrades, repairs or replacement installation, is not included under the terms of this Limited Warranty, except for labor and travel costs required during the first 90 days of this warranty (USA only), provided that startup of the unit onsite, has been performed by Powerware (in USA) or its agent (outside of USA). Equipment sold, but not manufactured by Powerware, and only the manufacturer of such equipment shall warrant this equipment and is not included as part of this warranty agreement. Equipment repaired or replaced pursuant to this warranty will be warranted for the remaining portion of the original warranty subject to all the terms thereof.

This warranty is not valid unless an authorized Powerware Service Engineer (in USA) or Agent (outside USA) performs startup and commissioning. This warranty does not apply to any Unit that has been subject to neglect, accident, abuse, misuse, misapplication, incorrect installation, or that has been subject to repair or alteration, not authorized in writing by Powerware personnel or performed by an authorized Powerware Service Engineer or Agent. Purchaser shall be invoiced for, and shall pay for, all services not expressly provided for by the terms hereof, including, without limitation, site calls involving an inspection that determines no corrective maintenance is required. THIS WARRANTY IS THE PURCHASER’S (USER’S) SOLE REMEDY AND IS EXPRESSLY IN LIEU OF, AND THERE ARE NOT OTHER, EXPRESSED OR IMPLIED GUARANTEES OR WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED). In no case will Powerware’s liability under this Warranty exceed the replacement value of the Unit warranted.

Invensys Powerware’s obligation, under said warranty, is expressly conditioned upon receipt by Powerware of all payments due it (including interest charges, if any). During such time as Powerware has not received payment of any amount due it, in accordance with the Contract terms under which the equipment is sold, Powerware shall have no obligation, under said warranty; also during this time, the period of said warranty shall continue to run and the expiration of said warranty shall not be extended upon payment of the overdue amount. These limitations, to said warranty, apply even in the event that the equipment is sold initially by Powerware for resale to an ultimate end-user.

In no event shall Powerware 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. Powerware shall not be responsible for failure to provide service or parts due to causes beyond Powerware’s reasonable control. This limited warranty applies only to the original end user of the unit.

This factory warranty will not be in effect if the End-User does not properly store the equipment, including the “trickle charge” of batteries no later than the date indicated on the packaging, before installation and does not cover shipping damages if FOB Factory. Cost for replacement equipment, installation, material freight charges travel expenses and labor of Powerware representatives will be borne by the Purchaser (user). Any advice furnished the Purchaser before or after delivery in regard to use or application of Powerware equipment is furnished without charge and on the basis that it represents Powerware’s best judgment under the circumstances. The use of any such advice by the Purchaser is solely and entirely at its own risk. Any other agreements, such as Service contracts or Sales Concessions are not means to annul this Factory Warranty.

For comment or questions, about this Limited Factory Warranty, write to the Customer Quality Representative, 3301 Spring Forest Road, Raleigh, NC 27601, or call (919) 872---3020

Powerware BPIII Harsh Environment UPS 50--75 kVA

W--1

Installation and Operation

 

164201261 Rev. F 111503

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Powerware 5075 kVA operation manual Limited Factory Warranty for THREE-PHASE Powerware Products