5 – YEAR LIMITED PRODUCT WARRANTY
This 5-Year Limited Warranty is subject to the definitions that follow below and the following terms and conditions. PLEASE READ THIS CAREFULLY.
LIMITED WARRANTY. Accell warrents the ProPower 100 (the “Product”), if used in accordance with all instructions, to be free from defects in material and workmanship
for a period of 5 years from the date You purchased it from an Authorized Dealer. Accell will repair or replace the Product, in its sole discretion, a Product found to be
defective and which qualifies under this Limited Warranty. In the alternative, and in its sole discretion, Accell may reimburse You if Accell finds the Product to be defective
and qualifying under this Limited Warranty. Service under this Limited Warranty can only be obtained by the original purchaser and following the claim procedure outlined
below.
ACCELL LIMITED WARRANTY CLAIM TELEPHONE NUMBER: 510-438-9288
HOW TO MAKE A CLAIM. In the event You discover your product to be defective You must follow these instructions: (1) Call Accell within two (2) months after You
discover a Product Defect (or should have discovered it, if such Product Defect was obvious); (2) Give a detailed explanation of how the damage occurred; (3) Obtain a
Return Authorization Number; (4) Upon receipt of a claim form (which may be sent to You after You filed Your Formal Warranty Claim), fill out the claim form entirely; (5)
Return the Products, shipping prepaid by You (to be refunded if You are entitled to a remedy under the Scope of this Limited Warranty), to Accell for verification of damage,
along with a copy of Your original sales receipts and proof of purchase (UPC label or packing slip) for such Products, the completed claim form, and printed Return
Authorization Number on the outside of the return package (the claim form will include instructions for return).
EXCLUSIONS FROM THE LIMITED WARRANTY. This Limited Warranty is null and void if the Product has been connected to the output of any UPS system or if a surge
protector has been connected to its output receptacles. THIS LIMITED WARRANTY DOES NOT APPLY TO NORMAL WEAR AND TEAR OR TO DAMAGE RESULTING
FROM ACCIDENT, MISUSE, ABUSE OR NEGLECT. ACCELL MAKES NO EXPRESS WARRANTIES OTHER THAN THE WARRANTY EXPRESSLY SET FORTH
HEREIN, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR
FITNESS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE; AND THIS LIMITED WARRANTY EXPRESSLY EXCLUDES ALL
INCIDENTAL AND CONSEQUENTIAL DAMAGES. ACCELL MAKES NO WARRANTY THAT THIS PRODUCT IS FIT FOR ANY PARTICULAR PURPSOSE. (Some
states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation on incidental or consequential damages, so
the above limitations or exclusions may not apply to you. This Limited Warranty gives you specific legal rights, and you may have other rights that vary by jurisdiction.)
WARNING. The consumer of this Product should take care to determine, prior to use, whether this device is suitable, adequate or safe for the use intended. Individual
applications are subject variations and Accell makes no representation or warranty to the suitability or fitness of its Product for any specific application.
ACCELL’S $100,000 5-YEAR CONNECTED PRODUCTS LIMITED WARRANTY - PLEASE READ THIS CAREFULLY
The 5-Year Connected Products Limited Warranty is subject to the definitions that follow and the following terms and conditions.
CONNECTED EQUIPMENT DAMAGE. Accell will also provide You with a remedy regarding Connected Equipment Damage if (i) You have a claim under the Limited
Warranty because of a Product Defect that caused Connected Equipment Damage despite Adequate Use, and (ii) Accell receives a Formal Warranty Claim from You
before the end of the Warranty Period for Connected Equipment Damage applicable to the affected Product. If the conditions listed in the preceding sentence are met,
Accell will provide You with one of the following remedies, at its sole discretion: (1) Accell will replace the damaged Connected Equipment; (2) pay to repair the damaged
Connected Equipment; or (3) pay You the FMV of the Connected Equipment, provided that such payments shall not exceed (i) the Maximum Coverage Amount for the
Product, or (ii) the actual damage having arisen from power surges due to a Product Defect.
EXCLUSIONS. COMPENSATION FOR RESTORATION OF DATA LOSS IS NOT COVERED AND ACCELL DOES NOT ASSUME ANY LIABILITY FOR ANY
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES UNDER THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
CHOICE OF LAW/JURISDICTION. This Limited Warranty and any disputes arising out of or in connection with this Limited Warranty (“Disputes”) shall be governed by the
laws of the State of California, USA, excluding conflicts of law principles and excluding the Convention for the International Sale of Goods. The courts located in the State
of California, USA shall have exclusive jurisdiction over any Disputes.
OTHER RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE. THIS WARRANTY EXTENDS ONLY TO YOU AND CANNOT BE TRANSFERRED OR ASSIGNED. If any provision of this Limited Warranty is unlawful, void or
unenforceable, that provision shall be deemed severable and shall not affect any remaining provisions. In case of any inconsistency between the English and other
versions of this Limited Warranty, the English version shall prevail.
HOW TO MAKE A CLAIM. In the event damage has occurred to Products or Connected Equipment, You must follow these instructions: (1) Call Accell within two (2)
months after You discover a Product Defect (or should have discovered it, if such Product Defect was obvious) at 510-438-9288; (2) Give a detailed explanation of how the
damage occurred; (3) Obtain a Return Authorization Number; (4) Upon receipt of a claim form (which may be sent to You after You filed Your Formal Warranty Claim), fill
out the claim form entirely; (5) Return the Products, shipping prepaid by You (to be refunded if You are entitled to a remedy under the Scope of this Limited Warranty), to
Accell for verification of damage, along with a copy of Your original sales receipts and proof of purchase (UPC label or packing slip) for such Products, the completed claim
form, and printed Return Authorization Number on the outside of the return package (the claim form will include instructions for return).
FURTHER PROCEEDINGS. Accell or its insurer will determine whether a Product Defect existed and the damage to the Connected Equipment was caused by the
Product. You must allow Accell or its insurer access to the premises and site where the damage occurred and all equipment and property related thereto for Accell or its
insurer’s inspection. Accell or its insurer may, at their sole discretion, direct You to obtain a repair estimate at a service center or, to send the Connected Equipment to
Accell or its designated repair agent for repair. If a repair estimate is required, You will be instructed on how to properly submit the estimate and the resulting invoice to
Accell or its insurer for payment. Any fees for repairs may be negotiated by Accell or its insurer.
TIMING. Upon bringing a Warranty Claim that fully complies with all terms and conditions of this Limited Warranty, Accell or its insurer will use its best efforts to provide
You with a remedy within
thirty (30) days
after receipt of Your Formal Warranty Claim (if You reside in the United States -
forty-five (45) days
if You reside elsewhere). This
is an estimated remedy timeline and obstacles outside of Accell or its insurer’s control may delay the process.
DEFINITIONS FOR ACCELL’S WARRANTIES
“Adequate Use” means use of the Product and Connected Equipment (i) within a home or dwelling, (ii) for private, not commercial, purposes, (iii) in conformance with all
applicable local, state or federal law, code or regulations (including without limitation building and/or electrical codes), (iv) in accordance with manufacturer
recommendations and/or instructions that accompany the ProPower 100 and any Connected Equipment, (v) with proper electrical grounding, (vi) with proper and direct
connection between the Product and an AC power source that has protective grounding (excluding gas or diesel powered generators), (vii) with cable or telephone lines to
any Connected Equipment properly connected to the Product, and (viii) without an additional connection to an extension cord, surge suppressor, power strip or other
equipment.
“Authorized Dealer” means any distributor, reseller or retailer that (i) was duly authorized to do business in the jurisdiction where it sold the Product to You, (ii) was
permitted to sell You the Product under the laws of the jurisdiction where You bought the Product, and (iii) sold You the Product new and in its original pack.
“Connected Equipment” means any device that is (i) generally suited to be used with the Product or products of the same kind, (ii) meets the requirements of all applicable
laws and safety standards, (iii) contains only parts manufactured, sold or recommended by the original manufacturer of the Connected Equipment, and (iv) has not been
altered, tampered with or modified by any person other than its manufacturer or service personnel authorized or recommended by the manufacturer of the Connected
Equipment.
“Connected Equipment Damage” means physical damage caused to Connected Equipment due to a Product Defect (i) by a transient AC power, cable, telephone, or
lightning surge while connected to a properly installed Product, (ii) not by a defect or unrelated damaging of the Connected Equipment or a surge/spike or lightning strike
through a source, medium or connection other than through the Product, and (iii) does not extend to loss of data or consequential, indirect or special damages resulting
from the Connected Equipment Damage.
“Fair Market Value” (“FMV”) means the fair market value of the Connected Equipment at the time Connected Equipment Damage occurs.
“Formal Warranty Claim” means a claim made in accordance with the section “Formal Warranty Claims” herein.
“Maximum Coverage Amount” means the maximum amount that Accell will pay to You under its 5-Year Limited Product Warranty or its $100,000 5-Year Connected
Products Limited Warranty.
“Product” means a Product (i) that is listed in the Specifications Table below, (ii) that You bought from an Authorized Dealer new and in its original packaging, and (iii)
whose serial number, if any, has not been removed, altered, or defaced.
“Product Defect”or “Defect” means a defect, malfunction, non-conformance to this Limited Warranty or other inadequacy of the Product that existed at the time when You
received the Product from an Authorized Dealer and that causes a failure of the Product to perform in accordance with Accell’s documentation accompanying the Product,
unless such failure has been caused completely or partly by (a) any use other than Adequate Use, (b) transportation, neglect, misuse or abuse by anyone other than
Accell’s employees; (c) alteration, tampering or modification of the product by anyone other than an Accell employee; (d) accident (other than a malfunction that would
otherwise qualify as a Product Defect); (e) maintenance or service of the Product by anyone other than an Accell employee; (f) exposure of the Product to heat, bright light,
sun, liquids, sand or other contaminants; or (g) acts outside the control of Accell, including without limitation acts of God, fire, storms (excluding lightning surges),
earthquake or flood.
“Warranty Period” means the time period during which Accell must have received Your Formal Warranty Claim. The Warranty Period commences on the date when You
purchased or received (whichever occurs later) the Product from an Authorized Dealer as evidenced by the Authorized Dealer’s invoice, sales receipt or packing slip. The
Warranty Period ends 5 years from the date You purchased or received the Product or when You have transferred ownership of the Product, whichever occurs earlier.
Also, You must call Accell or its insurer and obtain a Return Authorization Number (as described under “How to Make a Claim”) within two (2) months after You discover a
Product Defect (or should have discovered it, if such Product Defect was obvious).
“You” means the first individual person that purchased the Product in its original packaging from an Authorized Dealer. This Limited Warranty does not apply to persons or
entities that bought the Product (i) in used or unpackaged form, (ii) for resale, lease or commercial use, or (iii) from other than an Authorized Dealer.
©
2007 Accell Corporation, All Rights Reserved
Due to ongoing improvements,
Accell reserves the right to make changes to hardware, packaging and
any accompanying documentation without prior written notice. Accell and ProPower are trademarks of Accell Corporation.
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