Siemens Energy & Automation, Inc. (“Seller”)
TPSA9040 Transient Voltage Surge Suppressor Limited Warranty
(a)
Warranty Period –
The Warranty Period shall be sixty (60) months from the date of initial installation but not more than sixty-
six (66) months from the date of purchase by Buyer.
(b)
Standard Limited Warranty
– Siemens warrants to the original Buyer that, on the date of shipment, the Transient Voltage
Surge Suppressor (TVSS) is of the kind and quality described herein and is free of non-conformities in workmanship and
material when properly used under normal care in a residential installation that complies with all National Electrical Code and/
or other applicable requirements.
Buyer’s exclusive remedy for a nonconformity in the Circuit TVSS shall be the repair or the replacement (at Siemens’ option) of the
TVSS. Siemens’ obligation to repair or replace shall be in effect only if Buyer has sent written notice of any non-conformity within
the Warranty Period. Repaired and replacement parts shall be warranted for the remainder of the original period of notification set
forth above. At its expense, Buyer shall remove and ship to Siemens any such nonconforming items and shall reinstall the
repaired or replaced parts. Buyer shall grant Siemens or its agents access to the goods at all reasonable times in order for
Siemens to determine any nonconformity in the goods. Siemens shall have the right of disposal of items replaced by it.
(c)
Additional Limited Warranty for Connected Major Household Appliances
– Siemens will reimburse the original Buyer for
direct repair/replacement costs actually incurred for damages to Major Household Appliances but only to the extent that such
damage is caused by the failure of a properly installed TVSS to protect such connected appliances against electrical power
surges caused by lightning strikes or other electrical disturbances. This warranty shall apply only if Siemens receives written
notice of such damages during the Warranty Period. For purposes of this Additional Limited Warranty, Major Household
Appliances shall mean, exclusively, refrigerators, freezers, air conditioners, stoves, ovens, clothes washers, clothes dryers,
ceiling fans, and dishwashers. Major Household Appliances shall not include other electronic devices, including but not limited
to microwave ovens, audio and stereo components, satellite dish equipment, video equipment, televisions, computers, or fax
machines.
Siemens total, aggregate liability under this Additional Limited Warranty shall be the lesser of $20,000 or the deductible
amount of any applicable insurance policy covering such connected Major Household Appliance. This Additional Limited
Warranty shall be secondary to any existing manufacturer warranty, any service contract or any applicable homeowners or
other insurance policy in effect at the time of loss.
(d)
Warranty Exclusions and Limitations-
The Standard and Additional Limited Warranties above only apply to non-commercial,
residential use of the TVSS and exclude damages or loss arising from any of the following: unauthorized product modification
or alteration; improper storage, installation, operation, or maintenance; vandalism; Acts of God; war; terrorism; misuse or
abuse. The Standard and Additional Limited Warranties above do not cover service charges; installation, removal, or re-
installation costs; setup costs; diagnostic charges; period checkups; routine maintenance; loss of use of the product; and/or
shipping or transportation charges or fees.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SIEMENS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE. NEITHER SELLER, NOR ITS SUPPLIERS SHALL BE LIABLE IN CONTRACT, WARRANTY, FAILURE OF A REMEDY TO ACHIEVE ITS
INTENDED OR ESSENTIAL PURPOSES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY
FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Buyer is limited to the remedies specified herein and shall have no others for a nonconformity in the goods. Buyer agrees that
these remedies provide Buyer with a minimum adequate remedy and are exclusive remedies, whether based on contract,
warranty, tort (including negligence), strict liability, indemnity, or any other legal theory, and whether arising out of warranties,
representations, instructions, installations, or non-conformities from any cause. With respect to products purchased by
consumers in the United States for personal use, implied warranties, including but not limited to the warranty of merchantabil-
ity or fitness for a purpose, are not excluded but are limited to the duration of the Warranty Period.
Page 5
