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The Power Control Guarantee is not "first dollar" coverage. CyberPower's obligation is reduced by any amounts that Initial Customer is entitled to recover
from other sources regarding the Connected Equipment, including insurance, other warranty, or extended warranty coverage, whether or not the Initial
Customer makes a claim for recovery, including but not limited to a claim under any applicable insurance, other warranty, or extended warranty.
The Power Control Guarantee is separate from the Limited Warranty, but they are related. The Limited Warranty does not cover Connected Equipment, but
as is explained below, to be covered under the Power Control Guarantee, the Connected Equipment must have been damaged due to a failure of the
Product that is covered by the Limited Warranty.
Product, and the Product must still be covered by the Limited Warranty and the Initial Customer has made a valid claim for the Product under the Limited
Warranty.
In the event of damage to the Connected Equipment, your exclusive remedy, and CyberPower's sole obligations, are as follows for Connected Equipment.
If (a) the Product purchased and owned by you is defective in material or workmanship under the Limited Warranty or any applicable Implied Warranty; (b)
the Limited Warranty requirements have been met, and; (c) none of the limitations or exclusions on warranty coverage apply, CyberPower will (as
CyberPower elects, as permitted by law), repair, replace, or pay the Agreed Damage Amount (defined below) for, the item(s) of your electronic equipment
directly and properly connected to the product (the "Connected Equipment") if that Connected Equipment is (x) damaged by AC power line transients,
spikes, or surges on properly installed, grounded, and code-compliant 120 volt power lines in the United States and Canada, or by transients, surges or
spikes on standard telephone equipment lines, or Base 10/100T Ethernet lines that are properly installed and connected (a "Power Disturbance") and (y) is
directly plugged into and properly connected to a CyberPower Product in its original condition which is properly operated when a Power Disturbance passes
through the CyberPower Product and (y.1) exhausts the protection capacity of the CyberPower Product or (y.2) damages the CyberPower Product. This
provision sets out the only liability of any character of CyberPower for direct, indirect, special, consequential, and/or incidental damages under our Limited
Warranty, applies only to Connected Equipment, and all such Liability is limited to the Agreed Damage Amount.
To make a Warranty claim for damage to Connected Equipment under the Power Control Guarantee, you must do the following:
1.
Complete and return the CyberPower Warranty Registration Card or provide reasonable proof (for example, a sales receipt) that establishes you
as the Initial Customer (the original consumer purchaser of the Product) within ten (10) days of the event for which you want to make a claim for
warranty service.
2.
Call CyberPower at (952) 403-9500, or write to CyberPower at 5555 12
tech@cyberpowersystems.com, within ten (10) days of the event for which you want to make a claim for warranty service.
3.
When you call, write or E-Mail, identify the Product, the Purchase Date and the item(s) of Connected Equipment. Have information on all
applicable insurance or other resources of recovery/payment that are available to the Initial Customer for the Connected Equipment and the name
of the power utility supplier for the location of the Connected Equipment and request Return Material Authorization information from CyberPower.
4.
Pack and ship the Product to CyberPower and, if requested by CyberPower the item(s) of Connected Equipment, a repair cost estimate for the
damage to the Connected Equipment and/or a written statement of how the damage occurred, as instructed in your Return Material Authorization.
Show the Return Material Authorization code on the shipping label or include it with the Product. Initial Customer shall prepay all shipping
costs and is responsible for packaging and shipment.
CyberPower will inspect and examine the Product and the item(s) of Connected Equipment (or at CyberPower's election, your written statement and repair
cost estimate for those item(s)). You must return the product for inspection.
If the Product is warranted under the Limited Warranty and the damage to Connected Equipment is covered by the Power Control Guarantee,
CyberPower will (in addition to Limited Warranty remedies for the CyberPower Product itself) repair (or pay the costs of repair) or replace the
Connected Equipment or, at the option of CyberPower, as permitted by law, pay to the Initial Customer the "Agreed Damage Amount" (up to the
aggregate limits stated below) for all item(s) of Initial Customer's Connected Equipment. The "Agreed Damage Amount" for all items of Initial
Customer's Connected Equipment shall be the lesser of the amount determined under Clause (1) or (2) below, reduced by any amounts described in
Clause (3) below:
1.
The fair market value of the Connected Equipment as established by the lower of (a) the average price the same or similar items are being sold for
on eBay, (b) the price list of the Boston Computer Exchange on the date of occurrence (or if such price list is no longer published, a published or
announced price list reasonably selected by CyberPower), or (c) the lowest price the Connected Equipment can be purchased for in the United
States; or
2.
The aggregate ceiling amount for all Connected Equipment as set forth below, minus:
3.
The amount(s) of all payment you have or are entitled to receive from insurance, other warranties, extended warranties, or from other sources or
persons for the Connected Equipment or damage to such equipment so that CyberPower's maximum liability shall be reduced to reflect all such
other payments or sources of recovery:
4.
If CyberPower replaces the Connected Equipment or pays to the Initial Customer the Agreed Damage Amount, the Initial Customer shall transfer
such item(s) to CyberPower without warranty by the Initial Customer, but free of lien or other interest.
The Limited Warranty and the Power Control Guarantee are the only and the exclusive express warranty of CyberPower with respect to the Product. This
exclusion of other express warranties applies to written and oral express warranties. Any Implied Warranty of Merchantability or for Fitness for a
Particular Purpose, if applicable to the Product, is limited in duration to the period of ownership by the Initial Customer. This provision shall NOT
create any Implied Warranty or Merchantability or of Fitness for a Particular Purpose that would not Otherwise apply to the Product. NOTE:
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
The Connected Equipment must have been damaged due to a defect in materials or workmanship of the
CyberPower CPS1250AVR-$400,000.00
CONDITIONS COMMON TO THE LIMITED
WARRANTY AND THE POWER CONTROL GUARANTEE
th
Avenue East, Suite 110, Shakopee, MN 55379, or E-Mail CyberPower at
11
CPS1250AVR
Guaranteed Uninterruptible Power System
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