CONDITIONS COMMON TO THE LIMITED
WARRANTY AND THE POWER CONTROL GUARANTEE
The Limited Warranty and the Power Control Guarantee are the only and the exclusive express warranty of CyberPower with respect to the
Product. This exclusion of other express warranties applies to written and oral express warranties.
Any Implied Warranty of
Merchantability or for Fitness for a Particular Purpose, if applicable to the Product, is limited in duration to the period of ownership
by the Initial Customer. This provision shall NOT create any Implied Warranty or Merchantability or of Fitness for a Particular
Purpose that would not Otherwise apply to the Product. NOTE:
Some States do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you.
LIMITATION: THE LIMITED WARRANTY AND THE POWER CONTROL GUARANTEE DO NOT COVER
The Limited Warranty and the Power Control Guarantee are intended to exclusive rights and remedies and replace any other rights, to the
extent allowed by law.
1.
As to CyberPower products, the Limited Warranty does not cover or apply to: Misuse; modification; operation or storage
outside environmental limits for the Products; in transit, in shipment, or in storage, damage or deterioration; improper
operation or maintenance; use with items or equipment not designed or intended for use with the Product.
2.
As to Connected Equipment, the Power Control Guarantee covers only damage within the specific terms of the Power Control
Guarantee to Connected Equipment (and only up to the applicable aggregate ceiling amount). The Power Control Guarantee
does not cover damage to Connected Equipment or apply if the product has been operated in a failure mode or not in
compliance with CyberPower operating instructions and manuals and/or with the instruction and manuals of its
manufacturer/vendor.
The Limited Warranty and the Power Control Guarantee Do Not Apply Unless The Initial Customer:
1.
Has properly connected the Product and the Connected Equipment to properly wired and grounded outlets/power supplies
(including compliance with electrical and safety codes of most current National Electrical Code, ANSI/NFPA 70), without the
use of any adaptors, extension cords, or other connectors.
2.
Has provided a suitable and proper environment for use and installation of the Product and Connected Equipment.
3.
Has properly installed and operated the CyberPower Product and Connected Equipment.
CyberPower Does Not Cover or Undertake Any Liability in Any Event for Any of the Following:
1.
Loss of or damage to data, records, or software; restoration of data or records; or reinstallation of software.
2.
Damage from causes other than AC Power Line Transients, spikes, or surges on properly installed, grounded and code-
compliant 120 volt power lines in the United States and Canada; transients, surges, or spikes on standard telephone land
lines, PBX telephone equipment lines or Base 10/100T Ethernet lines, when properly installed and connected. (This
exclusion applies, for example, to fluctuations in data transmission or reception, by CATV or RF transmission or fluctuations,
or by transients in such transmission).
3.
Damage from any circumstance described as excluded above with respect to the Product.
4.
Damages from fire, flood, wind, rain, rising water, or leakage or breakage of plumbing; from abuse, misuse, or alteration of
either the Product or the Connected Equipment.
Exclusion of Consequential and Other Damages.
The sole and exclusive remedies of the Initial Customer are those provided by the
Limited Warranty and Power Control Guarantee.
CyberPower excludes any liability for personal injury under the Limited Warranty and
Power Control Guarantee. CyberPower excludes any liability for direct, indirect, special, incidental or consequential damages,
whether for damage to or loss of property, loss of profits, business interruption, loss of information or data, EXCEPT FOR (AND
ONLY FOR) the specific limited agreement of CYBERPOWER to provide certain warranty benefits regarding “Connected Equipment”
under the “CYBERPOWER Power Control Guarantee”. NOTE:
Some States or Provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation may not apply to you.
DO NOT USE FOR MEDICAL OR LIFE SUPPPORT EQUIPMENT OR OTHER HIGH RISK ACTIVITIES.
CyberPower does not sell the Products for use in high-risk activities. The Product is not designed or intended for use in hazardous
environments requiring fail-safe performance, including the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, weapons systems, life support or medical applications or for use in any circumstance in which the
failure of the Product could lead directly to death, personal injury, or severe physical or property damage, or that would affect
operation or safety of any medical or life support device (collectively, “High Risk Activities”). CyberPower expressly disclaims any
express or implied warranty of fitness for High Risk Activities. CyberPower does not authorize use of any of its products use in any
High Risk Activities. ANY SUCH USE IS IMPROPER AND IS A MISUSE OF CYBERPOWER PRODUCTS.
The Limited Warranty and the Power Control Guarantee are governed by the laws of the United States and the State of Minnesota,
without reference to conflict of law principles. The application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
Contact Information:
CyberPower’s address is 5555 12th Ave East, Suite 110, Shakopee, MN
55379 and its phone number is (952) 403-9500. CyberPower is the warrantor under this
Limited Warranty. You may also contact CyberPower on the Internet at
www.cyberpowersystems.com.
