Surge
Suppression
Systems
Installation, Operation
ACV Series
and Maintenance Manual
- 10 -
Rev 2, 3/00
®
Limitations:
•
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
•
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE CONTROL CONCEPTS PRODUCT AS SET FORTH
HEREIN.
•
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, CONTROL
CONCEPTS' RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE
PRICE.
•
IN NO EVENT SHALL CONTROL CONCEPTS ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR ECONOMIC
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT OR OTHERWISE.
Miscellaneous:
•
NO SALESPERSON, EMPLOYEE OR AGENT OF CONTROL CONCEPTS IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified, if at all, only in a writing signed by a Control Concepts' officer.
•
This Warranty is effective as of the date of Control Concepts receipt of payment and supersedes all previous warranties. Control Concepts reserves the right
to supplement or change the terms of this Warranty in any subsequent warranty offering to User or others.
•
In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period, the remaining terms and
provisions shall continue in full force and effect.
•
This Warranty is given in and is intended to be construed under the laws of the State of New York.
•
This Warranty represents the entire agreement between Control Concepts and User with respect to the subject matter herein and supersedes all prior or
contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.
