Dynex DX-NBKIT20 User Manual page 17

DX-NBKIT20-combo.fm Page 17 Friday, May 6, 2005 4:46 PM
LIMITED WARRANTY 17
available to the Initial Customer and the name of the power utility supplier for the
location of the Connected Equipment. Dynex will then send you additional
instructions and the appropriate claim forms.
D ' D .
YNEX S UTIES
Dynex will inspect and examine the Surge Suppressor and the item(s) of Con-
nected Equipment (or at Dynex's election, your written statement and repair cost
estimate for those item(s)). You must return the Surge Suppressor for inspection.
If the damage to Connected Equipment is covered by the Connected Equipment
Guarantee, Dynex's sole obligation and the Initial Customer's exclusive remedy is:
repair (or pay the cost of repair) or replacement of the Connected Equipment by
Dynex; or at the option of Dynex, as permitted by law, payment by Dynex to the
Initial Customer the Agreed Damage Amount for the Connected Equipment. The
"Agreed Damage Amount" for all items of the Initial Customer's Connected Equip-
ment 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 Orion Blue Book (or if such price list is no longer published, a pub-
lished or announced price list reasonably selected by Dynex), or (c) the lowest
price the same or similar items can be purchased for in the United States; or
2. The Aggregate Limit for all Connected Equipment of $75,000, minus:
3. The amount(s) of all payment you have or are entitled to receive from insur-
ance, other warranties, extended warranties, or from other sources or persons for
the Connected Equipment or damage to such equipment so that Dynex's maxi-
mum liability shall be reduced to reflect all such other payments or sources of
recovery.
If Dynex replaces the connected equipment or pays the Agreed Damage Amount
to the Initial Customer, the Initial Customer shall transfer all item(s) to Dynex
without warranty by the Initial Customer, but free of lien or other interest.
Dynex reserves the right to inspect the Surge Suppressor, the Connected Equip-
ment, and the site where the event occurred. All costs of shipping the Surge Sup-
pressor and the Connected Equipment to and from Dynex for inspection shall be
borne solely by the Initial Customer. Dynex reserves the right to negotiate the cost
and choose the facility at which any repairs will take place, and Dynex must be
notified and approve any repair facility before any Connected Equipment is ser-
viced. Any repair or modification of the Connected Equipment or Surge Suppressor
by a facility or entity not approved by Dynex voids this Connected Equipment