CyberPower’s Duties.
CyberPower will inspect and examine the Product and the item(s) of Connected Equipment
(or at CyberPower's election, your written statement and repair cost estimate for those
item(s)). You must return the product for inspection.
If the damage to Connected Equipment is covered by the Power Control Guarantee,
CyberPower will (in addition to Limited Warranty remedies for the CyberPower Product itself)
repair (or pay the costs of repair) or replace the Connected Equipment or, at the option of
CyberPower, as permitted by law, pay to the Initial Customer the "Agreed Damage Amount"
(up to the aggregate limits stated below) for all item(s) of Initial Customer's Connected
Equipment. The "Agreed Damage Amount" for all items of Initial Customer's Connected
Equipment shall be the lesser of the amount determined under Clause (1) or (2) below,
reduced by any amounts described in Clause (3) below:
1. The fair market value of the Connected Equipment as established by the lower of (a) the
average price the same or similar items are being sold for on E-bay, (b) the price list of Orion
Blue Book on the date of occurrence (or if such price list is no longer published, a published
or announced price list reasonably selected by CyberPower), or (c) the lowest price the
same or similar items can be purchased for in the United States
2. The aggregate ceiling amount for all Connected Equipment: CyberPower UP425
-$25,000.00; less
3. The amount(s) of all payment you have or are entitled to receive from insurance, other
warranties, extended warranties, or from other sources or persons for the Connected
Equipment or damage to such equipment so that CyberPower’s maximum liability shall be
reduced to reflect all such other payments or sources of recovery
If CyberPower replaces the connected equipment or pays to the Initial Customer the Agreed
Damage Amount, the Initial Customer shall transfer all item(s) to CyberPower without
warranty by the Initial Customer, but free of lien or other interest.
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.
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 the CyberPower Product, 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, or use with items or equipment not designed or intended for use with the
product.
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