LIMITED FACTORY WARRANTY FOR THREE-PHASE POWERWARE PRODUCTS
This Warranty applies only to units installed in the Fifty (50) United States of America. Subject to the conditions herein, Powerware Corporation (Powerware) warrants solely to the initial
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 the repairs or replacement installation, and travel costs incurred by Powerware’s representatives, is not included under the terms of this Limited Warranty, except for labor required during the first 90 days after the date of delivery, provided that startup, of the unit onsite, has been performed by Powerware. Equipment sold, but not manufactured, by Powerware, e.g., batteries and only the manufacturer of such equipment shall warrant battery racks. 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 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, 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 which 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.
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 to Powerware, 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
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.
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.
Powerware 9315 Parallel Capacity/Redundant System with PHP SSBM | |
164201373 Rev. A 092402 |
|
