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Warranty
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 LIABILITY: 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.
OTHER LIMITATIONS: Company's obligations under this Warranty are expressly conditioned upon receipt by
Company of all payments due to it (including interest charges, if any). During such time as Company has not
received payment of any amount due to it for the Product, in accordance with the contract terms under which
the Product is sold, Company shall have no obligation under this Warranty. Also during such time, the period of
this Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of
any overdue or unpaid amounts.
COSTS NOT RELATED TO WARRANTY: The End-user shall be invoiced for, and shall pay for, all services not
expressly provided for by the terms of this Warranty, including without limitation, site calls involving an
inspection that determines no corrective maintenance is required. Any costs for replacement equipment,
installation, materials, freight charges, travel expenses or labor of Company representatives outside the terms
of this Warranty will be borne by the End-user.
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Eaton 9PXM UPS (4-20 kVA) User's Guide P-164000669—Rev 05
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