Liebert AccuVar Installation, Operation And Maintenance Manual page 28

Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or
connection, negligence, inappropriate on site operating conditions, corrosive atmosphere, repair by non-Liebert designated personnel, accident
in transit, tampering, alterations, a change in location or operating use, exposure to the elements, Acts of God, theft or installation contrary to
Liebert's recommendations or specifi cations, or in any event if the Liebert serial number has been altered, defaced or removed. Notwithstanding
the foregoing, the following Acts of God are covered: lightning-induced surges, which are transients, spikes or other sub-cycle, discontinuous
events impinging on normally applied voltage as defi ned by reference data in the latest version of IEEE C62.41 and the Liebert product performance
specifi cations.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, circuit breaker resetting or maintenance or service items and further, except
as provided herein, does NOT include labor costs or transportation charges arising from the replacement of the Liebert product or any part thereof
or charges to remove or reinstall same at any premises of the User.
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY use of the Liebert product in combination with any electrical or electronic
components, circuits, systems, assemblies, or other materials not furnished by Liebert. Liebert does NOT warrant the suitability for use or the
results of the Liebert product in combination with the products of others.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT DESIGNED FOR USE IN THE FOLLOWING APPLICATIONS: (i) ANY NUCLEAR OR RELATED
APPLICATIONS; AND (ii) LIFE SUPPORT AND PATIENT-CONNECTED AND APPLIED MEDICAL AND DENTAL APPLICATIONS.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL WARRANTY PERIOD.
Limitations:
• THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
• USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE LIEBERT PRODUCT AS SET FORTH HEREIN.
• IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, LIEBERT'S RESPONSIBILITY FOR
PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE.
• IN NO EVENT SHALL LIEBERT ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED
UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.
Miscellaneous:
• NO SALESPERSON, EMPLOYEE OR AGENT OF LIEBERT IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS WARRANTY. Warranty terms may
be modifi ed, if at all, only in a writing signed by a Liebert offi cer.
• Liebert obligations under this warranty are conditioned upon Liebert timely receipt of full payment of the product purchase price and any other
amounts due. Liebert reserves the right to supplement or change the terms of this Warranty in any subsequent warranty offering to User or
others.
• In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period, the remaining
terms and provisions shall continue in full force and effect.
• This Warranty shall be governed by, and construed under, the laws of the State of Ohio, without reference to the confl ict of laws principles
thereof.
• This Warranty represents the entire agreement between Liebert and User with respect to the subject matter herein and supersedes all prior or
contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.
Installation, Operation and Maintenance Manual 26 Liebert TVSS Units SL-22085 Rev 2, 11/2006