For products and software that are sold or licensed by Power Measurement Ltd. ("Power Measurement")
during the period from the date of receipt by you until the present, Power Measurement warrants only
to the original purchaser who acquired the products or software, or a purchaser through an authorized
representative (the "Purchaser"):
1.
that the purchased products other than software shall be substantially free from material defects
in material and workmanship by Power Measurement for thirty-six (36) months from the date of
receipt by you; and
2.
that the medium on which any purchased software ("Software") is provided shall be substantially
free from material defects in material and workmanship for twelve (12) months from the date of
receipt by you of any purchased Software.
The Software itself is provided "as is" without any warranty of any kind.
In order for the Purchaser to make a claim under the warranties described in items 1 and 2 above
("Warranties") the Purchaser must promptly (but in any event before the Warranties period ends)
contact Power Measurement, 2195 Keating Cross Road, Saanichton, British Columbia, Canada V8M
2A5 at telephone number 1-250-652-7100. After receiving such notice, Power Measurement may
either in Power Measurement's sole discretion, examine the product at the Purchaser's site or issue
shipping instructions to the Purchaser to return the relevant product to Power Measurement for
examination at the Purchaser's expense, transportation charges prepaid.
If after examining the product Power Measurement reasonably confirms that such examined product
does not meet the Warranties, then the Purchaser's sole remedy and Power Measurement's sole
obligation or liability shall be, at Power Measurement's option, to repair, replace or refund the price
paid for the product.
Regardless of whether any remedy set forth herein fails of its essential purpose, except to the extent the
following limitation is prohibited by applicable law, Power Measurement shall not, in any event or under
any legal claim or theory (whether based on contract, indemnity, warranty, tort (including negligence
and strict liability) or otherwise), be liable to the Purchaser or any other person or entity for special,
indirect, incidental, punitive, liquidated, special or consequential damages whatsoever with respect to
any purchased product, including, without limitation, business interruption, loss of use, profit or
revenue, even if Power Measurement has been advised of the possibility of such damages. To the extent
that a limitation or exclusion of consequential damages are prohibited by applicable law, then Power
Measurement's liability shall be limited to twice the amount of the relevant purchased product.
Not to limit the foregoing, a) Power Measurement shall not be liable for any claim (other than a claim
solely for the breach of one of the above Warranties that is made in accordance with the above
described procedures) made by the Purchaser, its employees, agents, or contractors for any loss,
damage, or expense incurred due to, caused by, or related to any purchased product; and b) the above
Warranties are the Purchaser's exclusive remedy and Power Measurement hereby expressly disclaims
all other warranties, express or implied, including, without limitation, warranties of non-infringement
and the implied warranties of merchantability and fitness for a particular purpose.
These limited Warranties shall not apply to any product that has been subject to alteration, accident,
misuse, abuse, neglect or failure to exactly follow Power Measurement's instructions for operation and
maintenance. Any technical assistance provided by Power Measurement's personnel or representatives
in system design shall be deemed to be a proposal and not a recommendation. The responsibility for
determining the feasibility of such proposals rests with the Purchaser and should be tested by the
Purchaser.
It is the original Purchaser's responsibility to determine the suitability of any product and associated
documentation for its purposes. The original Purchaser acknowledges that 100% "up" time is not
realizable because of possible hardware or software defects. The original Purchaser recognizes that
such defects and failures may cause inaccuracies or malfunctions.
Only the terms expressed in these limited Warranties shall apply and no distributor, corporation or
other entity, individual or employee of Power Measurement or any other entity is authorized to amend,
modify or extend the Warranties in any way.
PRODUCT WARRANTY
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