Powerware 9155 User Manual page 101

Two-Year Limited Warranty
In any case, Company will provide shipping instructions and will pay its designated carrier for all
shipping charges for return of defective equipment and replacement of Warranted Items. Any returned
Warranted Item or parts that are replaced may be new or reconditioned. All Warranted Items returned to
Company and all parts replaced by Company shall become the property of Company.
WHAT THIS LIMITED WARRANTY DOES NOT COVER: This Warranty does not cover any defects or damages
caused by: (a) failure to properly store the Product before installation, including the charge of batteries
no later than the date indicated on the packaging; (b) shipping and delivery of the Product if shipping is
FOB Factory; (c) neglect, accident, abuse, misuse, misapplication, or incorrect installation; (d) repair or
alteration not authorized in writing by Company personnel or performed by an authorized Company
Customer Service Engineer or Agent; (e) improper testing, operation, maintenance, adjustment, or
modification of any kind not authorized in writing by Company personnel or performed by an authorized
Company Customer Service Engineer or Agent; or (f) use of the Product under other than normal
operating conditions or in a manner inconsistent with the Product's labels or instructions.
This Warranty is not valid if the Product's serial numbers have been removed or are illegible. Any
Warranted Items repaired or replaced pursuant to this Warranty will be warranted for the remaining
portion of the original Warranty subject to all the terms thereof.
Company shall not be responsible for any charges for testing, checking, removal or installation of
Warranted Items.
COMPANY DOES NOT WARRANT EQUIPMENT NOT MANUFACTURED BY COMPANY. IF PERMITTED BY THE
APPLICABLE MANUFACTURER, COMPANY SHALL PASS THROUGH SUCH MANUFACTURER'S WARRANTIES TO
END-USER.
COMPANY DOES NOT WARRANT SOFTWARE, INCLUDING SOFTWARE EMBEDDED IN PRODUCTS, THAT IS
NOT CREATED BY COMPANY. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DOES NOT
WARRANT SOFTWARE (SUCH AS LINUX) THAT WAS CREATED USING AN "OPEN SOURCE" MODEL OR IS
DISTRIBUTED PURSUANT TO AN OPEN SOURCE LICENSE.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY COMPANY WITH RESPECT TO THE
PRODUCTS AND SERVICES AND, EXCEPT FOR SUCH FOREGOING WARRANTY COMPANY DISCLAIMS ALL
OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF
NON-CONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE
COMPANY'S SOLE LIABILITY AND END-USER'S EXCLUSIVE REMEDY FOR FAILURE OF COMPANY TO MEET ITS
WARRANTY OBLIGATIONS, WHETHER CLAIMS OF THE END-USER ARE BASED IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
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.
95
Powerware 9155 UPS (8–15 kVA) User's Guide 164201553 Rev D www.powerware.com
® S