Service and Support
Eaton Power Xpert Gateway PXGX PDP Card User’s Guide 164202122—Rev 1
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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; (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 (IF APPLICABLE TO THE PRODUCT), 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.
END-USER'S OBLIGATIONS:
In order to receive the benefits of this Warranty, the End-User must use the
Product in a normal way; follow the Product's user's guide; and protect against further damage to the Product
if there is a covered defect.
