Extended Ten-Year Pro-Rated Limited Warranty
LIMITATION OF LIABLITY: The remedies of the End-user set forth herein are exclusive and are the sole remedies for any failure of Company to comply with its obligations hereunder. In no event shall Company be liable in contract, in tort (including negligence or strict liability) or otherwise for damage to property or equipment other than the Products, including loss of profits or revenue, loss of use of Products, loss of data, cost of capital, claims of customers of the End-user or any special, indirect, incidental or consequential damages whatsoever. The total cumulative liability of Company hereunder whether the claims are based in contract (including indemnity), in tort (including negligence or strict liability) or otherwise, shall not exceed the price of the Product on which such liability is based.
Company shall not be responsible for failure to provide service or parts due to causes beyond Company’s reasonable control.
END-USER’S OBLIGATIONS: In order to receive the benefits of this Warranty, the End-user must use the Product in a normal way; follow the Product’s operation and maintenance manual; and protect against further damage to the Product if there is a covered defect.
OTHER LIMITATIONS: Company’s obligations under this Warranty are expressly conditioned upon receipt by Company of all payments due to it (including interest charges, if any). During such time as Company has not received payment of any amount due to it for the Product, in accordance with the contract terms under which the Product is sold, Company shall have no obligation under this Warranty. Also during such time, the period of this Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of any overdue or unpaid amounts.
COSTS NOT RELATED TO WARRANTY: The End-user shall be invoiced for, and shall pay for, all services not expressly provided for by the terms of this Warranty, including without limitation, site calls involving an inspection that determines no corrective maintenance is required. Any costs for replacement equipment, installation, materials, freight charges, travel expenses or labor of Company representatives outside the terms of this Warranty will be borne by the End-user.
OBTAINING WARRANTY SERVICE: In the USA, call the Customer Reliability Center 7x24 at 800-843-9433. Outside of the USA, contact your local Powerware product sales or service representative, or call the Customer Reliability Center in the USA at 919-870-3028. Company will not accept any product for return, credit or exchange unless expressly authorized by Company in writing and delivered FOB Company factory. For comments or questions about this Warranty, write to the Customer Quality Representative, 3301 Spring Forest Road, Raleigh, North Carolina 27616 USA.