12
claim under any applicable insurance,
other warranty, or extended warranty.
The Power Control Guarantee is
separate from the Limited Warranty,
but they are related. The Limited
Warranty does not cover Connected
Equipment, but as is explained below,
to be covered under the Power
Control Guarantee, the Connected
Equipment must have been damaged
due to a failure of the Product that is
covered by the Limited Warranty.
The Connected Equipment must have
been damaged due to a defect in
materials or workmanship of the
Product, and the Product must still be
covered by the Limited Warranty and
the Initial Customer has made a valid
claim for the Product under the
Limited Warranty.
In the event of damage to the Con-
nected Equipment, your exclusive
remedy and CyberPower’s sole
obligations are as follows for Con-
nected Equipment. If (a) the Product
purchased and owned by you is
defective in material or workmanship
under the Limited Warranty or any
applicable Implied Warranty; (b) the
Limited Warranty requirements have
been met, and; (c) none of the limita-
tions or exclusions on warranty
coverage apply, CyberPower will (as
CyberPower elects, as permitted by
law), repair, replace, or pay the
Agreed Damage Amount (defined
below) for, the item(s) of your elec-
tronic equipment directly and properly
connected to the product (the “Con-
nected Equipment”) if that Connected
Equipment is (x) damaged by AC
power line transients, spikes, or
surges on properly installed,
grounded, and code-compliant 120
volt power lines in the United States
and Canada, or by transients, surges
or spikes on standard telephone
equipment lines, or Base 10/100T
Ethernet lines that are properly
installed and connected (a “Power
Disturbance”) and (y) is directly
plugged into and properly connected
to a CyberPower Product in its origi-
nal condition which is properly oper-
ated when a Power Disturbance
passes through the CyberPower
Product and (y.1) exhausts the
protection capacity of the Cyber-
Power Product or (y.2) damages the
CyberPower Product. This provision
sets out the only liability of any char-
acter of CyberPower for direct, indi-
rect, special, consequential, and/or
incidental damages under our Limited
Warranty, applies only to Connected
Equipment, and all such Liability is
limited to the Agreed Damage
Amount.
To make a Warranty claim for dam-
age to Connected Equipment under
the Power Control Guarantee, you
must do the following:
Complete and return the CyberPower
Warranty Registration Card or provide
reasonable proof (for example, a
sales receipt) that establishes you as
the Initial Customer (the original
consumer purchaser of the Product)
within ten (10) days of the event for
which you want to make a claim for
warranty service.
Call CyberPower at (952) 403-9500,
or write to CyberPower at 5555 12th
Avenue East, Suite 110, Shakopee,
MN 55379, or E-Mail CyberPower at
,
within ten (10) days of the event for
which you want to make a claim for
warranty service.
3.When you call, write or E-Mail,
identify the Product, the Purchase
Date and the item(s) of Connected
Equipment. Have information on all
applicable insurance or other re-
sources of recovery/payment that are
available to the Initial Customer for
the Connected Equipment and the
name of the power utility supplier for
the location of the Connected Equip-
ment and request Return Material
Authorization information from Cy-
berPower.
4. Pack and ship the Product to
CyberPower and, if requested by
CyberPower the item(s) of Connected
Equipment, a repair cost estimate for
the damage to the Connected Equip-
ment and/or a written statement of
how the damage occurred, as in-
structed in your Return Material
Authorization. Show the Return
Material Authorization code on the
shipping label or include it with the
Product. Initial Customer shall pre-
pay all shipping costs and is respon-
sible for packaging and shipment.
CyberPower will inspect and examine
the Product and the item(s) of Con-
nected Equipment (or at Cyber-
Power’s election, your written state-
ment and repair cost estimate for
those item(s)). You must return the
product for inspection.
If the Product is warranted under the
Limited Warranty and the damage to
Connected Equipment is covered by
the Power Control Guarantee, Cy-
berPower will (in addition to Limited
Warranty remedies for the Cyber-
Power Product itself) repair (or pay
the costs of repair) or replace the
Connected Equipment or, at the
option of CyberPower, as permitted
by law, pay to the Initial Customer the
“Agreed Damage Amount” (up to the
aggregate limits stated below) for all
item(s) of Initial Customer’s Con-
nected Equipment. The “Agreed
Damage Amount” for all items of
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:
The fair market value of the Con-
nected 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 the
Boston Computer Exchange on the
date of occurrence (or if such price
list is no longer published, a pub-
lished or announced price list rea-
sonably selected by CyberPower), or
(c) the lowest price the Connected
Equipment can be purchased for in
the United States; or
The aggregate ceiling amount for all
Connected Equipment as set forth
below, minus:
The amount(s) of all payment you
have or are entitled to receive from
insurance, other warranties, extended
warranties, or from other sources or
persons for the Connected Equipment
or damage to such equipment so that
CyberPower’s maximum liability shall
be reduced to reflect all such other
payments or sources of recovery:
CyberPower 325SL-$25,000.00
If CyberPower replaces the Con-
nected Equipment or pays to the
Initial Customer the Agreed Damage
Amount, the Initial Customer shall
transfer such item(s) to CyberPower
without warranty by the Initial Cus-
tomer, but free of lien or other inter-
est.
CONDITIONS COMMON TO THE
LIMITED WARRANTY AND THE
POWER CONTROL GUARANTEE
The Limited Warranty and the Power
Control Guarantee are the only and
the exclusive express warranty of
CyberPower with respect to the
Product. This exclusion of other
express warranties applies to written
and oral express warranties. Any
Implied Warranty of Merchantability or
for Fitness for a Particular Purpose, if
applicable to the Product, is limited in
duration to the period of ownership by