ONE YEAR LIMITED PRODUCT WARRANTY
For
INTERMATIC SURGE PROTECTIVE DEVICES
(
1) What is Covered By This Limited Warranty
Replacement of Product
Intermatic Incorporated (“Intermatic”) warrants to the original purchaser only, Intermatic AG Series Surge Protective Devices (each a
“Product”) shall be free from defects in material or workmanship for a period of one year (12 months) from date of purchase or 18 months
from date of manufacture. If the purchaser discovers a defect in material or workmanship, the purchaser must promptly submit a warranty
claim. Upon a determination by Intermatic that the Product is defective, Intermatic, at its sole option shall correct any defect in material or
workmanship by replacing the Defective Product at Intermatic’s expense. The foregoing remedy is the purchaser’s exclusive remedy for a
breach of warranty.
The product must be installed in the appropriate application in complete accordance with the installation instructions. All building wiring and
other connections to the Product must conform to all applicable national, state, and local electrical codes; the Product must not be opened,
modified, exposed to extreme heat or cold, submerged or subjected to abnormal use or service. All products must be used in accordance
with the instructions provided with the Product and the purchaser shall be solely responsible for selecting a Product model with specifications
appropriate for the equipment to be protected. Intermatic shall determine, in its sole discretion, whether any Product returned by a purchaser
has been used in accordance with its instructions, is an appropriate model for the purchaser’s use thereof, and whether the Product is defective.
(2) What is Not Covered By This Warranty
Intermatic does not warrant (a) defects in the Product or damage to any equipment caused by the failure to properly install the Product, (b)
damage caused by use of the Product for purposes other than those for which it was designed, (c) damage caused by disaster such as fire,
flood and wind, (d) damage caused by unauthorized attachments or modification of the Product, (e) damage to the Product occurring during
the shipment, (f) electrical disturbances exceeding published product specifications, (g) damage to the Product caused by any other abuse
or misuse by the purchaser, or (h) damage due to direct or vicinity lightning strikes. This warranty applies to residential and commercial
applications. This device is not intended to provide protection during Utility voltage swells or loss of neutral conditions which are by
definition not transient events and are not covered by this warranty.
(3) Disclaimer of Warranty
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESSED WARRANTIES. TO THE EXTENT ALLOWED BY LAW, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION OF THIS
LIMITED WARRANTY.
(4) Limitation of Remedies
IN NO CASE SHALL INTERMATIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH
OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH EXCLUDED DAMAGES
INCLUDE, BUT ARE NOT LIMITED TO, DAMAGE TO SOFTWARE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS
OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES
OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD PARTIES INCLUDING CUSTOMERS, DAMAGE TO PROPERTY AND PERSONAL INJURY.
SOME STATES DO NOT ALLOW LIMITS ON WARRANTIES OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS, IN SUCH STATES,
THE LIMITS IN THIS PARAGRAPH AND IN PARAGRAPH (3) MAY NOT APPLY.
(5) Time Limit for Bringing Suit
No action arising out of any claimed breach of warranty may be brought more than one year after the cause of action has occurred.
(6) No Other Warranties
Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the
parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of
this agreement. No employee of Intermatic or any other party is authorized to make any warranty in addition to those made in this agreement.
This warranty is made by: Intermatic Incorporated/After Sales Service, 12429 Rojas Drive, EL Paso, TX 79928-5201/815-675-7000
http://www.intermatic.com
INTERMATIC INCORPORATED
SPRING GROVE, ILLINOIS 60081-9698
http://www.intermatic.com
158--01705