Powerware 9330 - Manual (Page 245)

W--1 Powerware 9330 (10 kVA--40 kVA) Installation and Operation
164201300 REV. G 061502
LIMITED FACTORY WARRANTY FOR THREE-PHASE POWERWARE PRODUCTS
This Warranty applies only to units installed in the Fifty (50) United States of America. Subject
to the conditions herein, Powerware Corporation (Powerware) warrants solely to the initial
end---user the electronics (the ”Unit”) against defects in material and workmanship for a period
of 12 months from the date of equipment start up or 18 months from date of receipt by end user,
whichever occurs first.
If, in the opinion of Powerware, the Unit fails to meet published specifications and the defect is
within the terms of this warranty, the Unit will be repaired or replaced at the option of Powerware
with no charge for replacement parts. Labor required, to make the repairs or replacement
installation, and travel costs incurred by Powerware’s representatives, is not included under the
terms of this Limited Warranty, except for labor required during the first 90 days after the date
of delivery, provided that start---up, of the unit on---site, has been performed by Powerware.
Equipment sold, but not manufactured, by Powerware, e.g., batteries and only the manufacturer
of such equipment shall warrant battery racks. Equipment repaired or replaced pursuant to this
warranty will be warranted for the remaining portion of the original warranty subject to all the
terms thereof.
This warranty does not apply to any Unit that has been subject to neglect, accident, abuse,
misuse, misapplication, incorrect installation, or that has been subject to repair or alteration, not
authorized in writing by Powerware’ personnel, Purchaser shall be invoiced for, and shall pay
for, all services not expressly provided for by the terms hereof, including, without limitation, site
calls involving an inspection which determines no corrective maintenance is required. THIS
WARRANTY IS THE PURCHASER’S (USER’S) SOLE REMEDY AND IS EXPRESSLY IN LIEU OF,
AND THERE ARE NOT OTHER, EXPRESSED OR IMPLIED GUARANTEES OR WARRANTIES
(INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED). In no case will Powerware’s’ liability under
this Warranty exceed the replacement value of the Unit warranted.
Powerware’s obligation, under said warranty, is expressly conditioned upon receipt by
Powerware of all payments due it (including interest charges, if any). During such time as
Powerware has not received payment of any amount due to Powerware, in accordance with the
Contract terms under which the equipment is sold, Powerware shall have no obligation, under
said warranty; also during this time, the period of said warranty shall continue to run and the
expiration of said warranty shall not be extended upon payment of the overdue amount. These
limitations, to said warranty, apply even in the event that the equipment is sold initially by
Powerware for resale to an ultimate end---user.
In no event shall Powerware be liable for any indirect, incidental special or consequential
damages of any kind or type whatsoever, or based on any claim or cause of action, however
denominated. Powerware shall not be responsible for failure to provide service or parts due to
causes beyond Powerware’s’ reasonable control. This limited warranty applies only to the
original end user of the unit.
Cost for replacement equipment, installation, material freight charges travel expenses and labor
of Powerware representatives will be borne by the Purchaser (user). Any advice furnished the
Purchaser before or after delivery in regard to use or application of Powerware equipment is
furnished without charge and on the basis that it represents Powerware’s best judgment under
the circumstances. The use of any such advice by the Purchaser is solely and entirely at its own
risk.