tection provided in this Section, all of the following conditions must be satisfied with respect to the
use of the Product: (a) the Product must be properly installed; (b) all building wiring and other con-
nections to the Product and the Damaged Equipment must conform to all applicable federal, state
and local electrical codes; (c) no ground wires or ground connections in addition to the AC power
source can be used in connection with the Product or the Damaged Equipment; (d) Equipment
with additional wiring or data/cable connections (as defined above) must be properly connected to a
UL listed Surge Protection Device (as noted above); and (e) the Product(s) and Protected
Equipment must not be opened, modified, exposed to extreme heat or cold, submerged or subject-
ed to abnormal use or service.
For purposes of this Limited Warranty, a Power Transient shall mean over-voltage resulting from
momentary voltage spikes or surges on an AC power line of magnitude that the Product, according
to its specifications, is designed to stop before such spikes or surges affect downstream equipment.
(2) What Is Not Covered By This Warranty
Intermatic does not warrant (a) defects in the Product or damage to any equipment caused by the
failure to properly install the Product, (b) damage caused by use of the Product for purposes other
than those for which it was designed, (c) damage caused by disaster such as fire, flood and wind,
(d) damage caused by unauthorized attachments or modification of the Product, (e) damage to the
Product occurring during shipment, (f) electrical disturbances exceeding published product specifi-
cations, (g) damage to the Product caused by any other abuse or misuse by the purchaser.
This warranty applies to residential use of Intermatic IG1300 Series and excludes any commercial
applications. This device is not intended to provide protection during Utility voltage swells or loss of
neutral conditions which are by definition not transient events and are not covered by this warranty.
(3) Disclaimer of Warranty
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESSED WAR-
RANTIES. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION
TO THE DURATION OF THIS LIMITED WARRANTY.
(4) Limitation of Remedies
IN NO CASE SHALL INTERMATIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CON-
SEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CON-
TRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH EXCLUD-
ED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGE TO SOFTWARE, LOSS OF
DATA, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUB-
STITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD
PARTIES INCLUDING CUSTOMERS, DAMAGE TO PROPERTY AND PERSONAL INJURY.
SOME STATES DO NOT ALLOW LIMITS ON WARRANTIES OR ON REMEDIES FOR
BREACH IN CERTAIN TRANSACTIONS. IN SUCH STATES, THE LIMITS IN THIS PARA-
GRAPH AND IN PARAGRAPH (3) MAY NOT APPLY.
(5) Time Limit for Bringing Suit
No action arising out of any claimed breach of warranty may be brought more than one year after
the cause of action has occurred.
(6) No Other Warranties
Unless modified in writing signed by both parties, this agreement is understood to be the complete
and exclusive agreement between the parties, superseding all prior agreements, oral or written,
and all other communications between the parties relating to the subject matter of this agreement.
No employee of Intermatic or any other party is authorized to make any warranty in addition to
those made in this agreement.
7
