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1. any person, in so far as such can be attributed to negligence or breach of duty of care directly resulting
from failure of Peak to comply with the provisions in clauses 1, 2, 3, 4 & 5.
Exclusions & Limitations
2. This warranty does not cover:
a. damage, deterioration or malfunction resulting from an alteration or modification to a generator
which has not been carried out by Peak or a Peak Partner;
b. damage, deterioration or malfunction resulting from what Peak reasonably believes to be abuse, or
misuse of a generator by you or any third party;
c. liability for accident or neglect (other than pursuant to clause 6);
d. maintenance or repairs which have not been carried out by Peak or a Peak Partner;
e. operation of a generator or exposure of a generator to environmental conditions that fall out-with
operational guidelines as specified in the applicable product user manual; and
f. lightning, power surges or any other acts of God or nature.
3. This warranty is non-transferrable. Only the original owner of the generator may benefit from the
terms within this statement.
4. Peak shall not be liable in respect of any claim made for costs, damages, losses or expenses (wheth-
er consequential, direct, indirect or otherwise) or in any respect howsoever arising including, but not
limited to, liability from accident or negligence (other than pursuant to clause 6) that may be suffered
by you or any third party.
5. No person or entity is authorised to change the terms and conditions outlined in this warranty state-
ment in any respect, or to create any additional obligations or liabilities for any party involved.
6. This warranty statement supersedes any and all prior warranty agreements between the parties and
constitutes the complete, final and exclusive understanding of the parties with respect to the subject
matter. All prior negotiations, representations, or promises, whether oral or written, of either party
shall be deemed to have been merged herein.
7. If any part of this warranty statement is invalidated, for whatever reason, such part will be deleted
and the rest shall remain unaffected, continuing to be in full force and effect.
Delivery of Warranty Service
8. Subject to clause 14, and:
a. Peak being notified by you, within the duration of the applicable warranty period, of any defect
that you think is subject to any warranty valid under clauses 1, 2, 3, 4 or 5; and
b. Peak being permitted to inspect the generators, parts and their installation (along with any relevant
packaging)
Peak shall at its option repair or replace defective generators or parts (including, if necessary, any
moving parts and irrespective of runtime). No additional charges will apply, for parts or delivery and,
where applicable, labour or travel. Peak will endeavour to deliver this service within 3 working days of
your notification.
9. Where, in Peak’s reasonable opinion, a defect is subject to an exclusion described in clause 7, Peak
reserves the right to charge for parts or delivery and, where applicable, you may also be charged by
Peak for call out, labour or travel in respect of any repair or replacement which you authorize Peak to
carry out.
Summary of Contents for Genius XE SMZ
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