Warranty (Us And Canada); Two-Year Limited Warranty (Us And Canada) - Eaton Powerware 9140 Guide De Démarrage Rapide

Chapter 4

Warranty (US and Canada)

Two-Year Limited Warranty (US and Canada)

Powerware UPS Models: 3105, 3110, 3115, 9104, 9120, 9125, 9140, and FERRUPS up to 3.1 kVA
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WARRANTOR:
The warrantor for the limited warranties set forth herein is Eaton Electrical Inc., a Delaware Corporation company ("Company").
LIMITED WARRANTY:
This limited warranty (this "Warranty") applies only to the original End-User (the "End-User") of any Powerware 3105,
3110, 3115, 9104, 9120, 9125, 9140, and FERRUPS up to 3.1 kVA Products (individually and collectively, the "Product") purchased on or after
June 1, 2004 and cannot be transferred. This Warranty applies even in the event that the Product is initially sold by Company for resale to an
End-User.
LIMITED WARRANTY PERIOD:
The period covered by this Warranty for Product installed [and currently located] in the fifty (50) United States,
the District of Columbia, and Canada is twenty-four (24) months from the date of purchase.
WHAT THIS LIMITED WARRANTY COVERS: The warrantor warrants that the Product and battery (individually and collectively, the "Warranted
Items") are free from defects in material and workmanship. If, in the opinion of Company, a Warranted Item is defective and the defect is
within the terms of this Warranty, Company's sole obligation will be to repair or replace such defective Warranted Item (including by providing
service, parts and labor, as applicable), at the option of Company.
PROCEDURES FOR REPAIR OR REPLACEMENT OF WARRANTED ITEMS: The Warranted Item will be repaired or replaced at a Company site or
such other location as determined by Company.
If the Warranted Item is to be replaced by Company, and the End-User supplies a credit card number or purchase order for the value of the
replacement Product, Company will use commercially reasonable business efforts to ship (via standard ground shipment and at no cost to the
End-User) the replacement Warranted Item to the End-User within one (1) business day after Company receives notice of the warranty claim. In
such case, the End-User must return (at Company's expense) the defective Warranted Item to Company in the same packaging as the
replacement Warranted Item received by the End-User or as otherwise instructed by Company. If Company does not receive the defective
Warranted Item, Company will either charge the End-User's credit card, or send the End-User an invoice (which the End-User agrees to pay), for
the value of the replacement Product.
If the Warranted Item is to be replaced by Company, but the End-User is unwilling or unable to supply a credit card number or purchase order
for the value of the replacement Product, Company will use commercially reasonable business efforts to ship (via standard ground shipment
and at no cost to the End-User) the replacement Warranted Item to the End-User within one (1) business day after Company receives the
defective Product from the End-User.
In any case, Company will provide shipping instructions and will pay its designated carrier for all shipping charges for return of defective
equipment and replacement of Warranted Items. Any returned Warranted Item or parts that are replaced may be new or reconditioned. All
Warranted Items returned to Company and all parts replaced by Company shall become the property of Company.
WHAT THIS LIMITED WARRANTY DOES NOT COVER:
This Warranty does not cover any defects or damages caused by: (a) failure to properly
store the Product before installation, including the charge of batteries no later than the date indicated on the packaging; (b) shipping and delivery
of the Product if shipping is FOB Factory; (c) neglect, accident, abuse, misuse, misapplication, or incorrect installation; (d) repair or alteration not
authorized in writing by Company personnel or performed by an authorized Company Customer Service Engineer or Agent; (e) improper testing,
operation, maintenance, adjustment, or modification of any kind not authorized in writing by Company personnel or performed by an authorized
Company Customer Service Engineer or Agent; or (f) use of the Product under other than normal operating conditions or in a manner
inconsistent with the Product's labels or instructions.
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.
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EATON Powerware 9140 UPS (7.5–10 kVA) Quick Start 164201678 Rev 1