Exclusion of damages:
OUR LIABILITY IS LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT. WE SHALL NOT BE LIABLE FOR:
1.DAMAGE TO OTHER PROPERTY CAUSED BY ANY DEFECTS IN THE PRODUCT*, DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF SOFTWARE, COSTS OF SUBSTITUTE EQUIPMENT, INTERFERENCE WITH BUSINESS RELATIONSHIPS, CLAIMS BY THIRD PARTIES, OR OTHER COMMERCIAL LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.ANY OTHER DAMAGES, WHETHER INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
3.ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY.
Effect of state law:
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on implied warranties and/or do not allow the exclusion of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Limitations of Warranty (for Australian States and Territories)
The Trade Practices Act 1974 and corresponding State and Territory Fair Trading Acts or legalization of another Government (“the relevant acts”) in certain circumstances imply mandatory conditions and warranties which cannot be excluded. This warranty is in addition to and not in replacement for such conditions and warranties. To the extent permitted by the Relevant Acts, in relation to your product and any other materials provided with the product (“the Goods”) the liability of Opti Australia under the Relevant Acts is limited, at the option of Opti Australia to:
•Replacement of the Goods; or
•Repair of the Goods; or
•Payment of the cost of replacing the Goods; or
•Payment of the cost of having the Goods repaired.
Opti Australia reserves the right to request proof of purchase upon any warranty claim.
Life Support:
We do not recommend the use of our UPS products for life support equipment or direct care where failure of a UPS product could cause failure of, or diminished effectiveness of the life support equipment or patient care.
EFFECTIVE October 1, 1997
