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WARRANTY
Two-Year Limited Warranty (USA and Canada)
POWERWARE CONNECTIVITY DEVICES
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-branded
Connectivity Devices (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 the 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 (the “Warranted Item”) is 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; (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.
