EATON CORPORATION
Reference Guide & Price Book
COMPANY DOES NOT WARRANT SOFTWARE (IF APPLICABLE TO THE PRODUCT), INCLUDING SOFTWARE EMBEDDED IN PRODUCTS, THAT IS NOT
CREATED BY COMPANY. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DOES NOT WARRANT SOFTWARE (SUCH AS LINUX) THAT
WAS CREATED USING AN “OPEN SOURCE” MODEL OR IS DISTRIBUTED PURSUANT TO AN OPEN SOURCE LICENSE.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY COMPANY WITH RESPECT TO THE PRODUCTS AND SERVICES AND, EXCEPT
FOR SUCH FOREGOING WARRANTY COMPANY DISCLAIMS ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON-CONFORMITIES IN THE
MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE COMPANY’S SOLE LIABILITY AND END-USER’S EXCLUSIVE REMEDY
FOR FAILURE OF COMPANY TO MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS OF THE END-USER ARE BASED IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
LIMITATION OF LIABILITY:
The remedies of the End-User set forth herein are exclusive and are the sole remedies for any failure of Company to comply
with its obligations hereunder. In no event shall Company be liable in contract, in tort (including negligence or strict liability) or otherwise for damage
to property or equipment other than the Products, including loss of profits or revenue, loss of use of Products, loss of data, cost of capital, claims
of customers of the End-User or any special, indirect, incidental or consequential damages whatsoever. The total cumulative liability of Company
hereunder whether the claims are based in contract (including indemnity), in tort (including negligence or strict liability) or otherwise, shall not exceed
the price of the Product on which such liability is based.
Company shall not be responsible for failure to provide service or parts due to causes beyond Company’s reasonable control.
END-USER’S OBLIGATIONS:
In order to receive the benefits of this Warranty, the End-User must use the Product in a normal way; follow the Product’s
user’s guide; and protect against further damage to the Product if there is a covered defect.
OTHER LIMITATIONS:
Company’s obligations under this Warranty are expressly conditioned upon receipt by Company of all payments due to it
(including interest charges, if any). During such time as Company has not received payment of any amount due to it for the Product, in accordance with
the contract terms under which the Product is sold, Company shall have no obligation under this Warranty. Also during such time, the period of this
Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of any overdue or unpaid amounts.
COSTS NOT RELATED TO WARRANTY:
The End-User shall be invoiced for, and shall pay for, all services not expressly provided for by the terms of
this Warranty, including without limitation, site calls involving an inspection that determines no corrective maintenance is required. Any costs for
replacement equipment, installation, materials, freight charges, travel expenses or labor of Company representatives outside the terms of this Warranty
will be borne by the End-User.
OBTAINING WARRANTY SERVICE:
In the USA, call the Customer Reliability Center 7 x 24 at 800-356-5737. Outside of the USA, contact your local
Powerware product sales or service representative, or call the Customer Reliability Center in the USA at 919-870-3149. For comments or questions about
this Warranty, write to the Customer Quality Representative, 3301 Spring Forest Road, Raleigh, North Carolina 27616 USA.
WARRANTY
Two-Year Limited Warranty (USA and Canada)
(continued)
