III
Limitation of implied warranties:
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND
BEYOND THE DESCRIPTION CONTAINED HEREIN INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Exclusion of damages:
OUR LIABILITY IS LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF
THE PRODUCT. WE SHALL NOT BE LIABLE FOR:
1. DAMAGE TO OTHER PROPERTY CAUSED BY ANY DEFECTS IN THE
PRODUCT*, DAMAGES BASED UPON INCONVENIENCE, LOSS OF
USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF
BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA,
LOSS OF SOFTWARE, COSTS OF SUBSTITUTE EQUIPMENT,
INTERFERENCE WITH BUSINESS RELATIONSHIPS, CLAIMS BY
THIRD PARTIES, OR OTHER COMMERCIAL LOSS, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
2. ANY OTHER DAMAGES, WHETHER INCIDENTAL, CONSEQUENTIAL
OR OTHERWISE.
3. ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY.
Effect of state law (for US):
This warranty gives you specific legal rights, and you may also have other rights
which vary from state to state. Some states do not allow limitations on implied
warranties and/or do not allow the exclusion of incidental or consequential damages,
so the above limitations and exclusions may not apply to you.
Limitations of Warranty (for Australian States and Territories)
The Trade Practices Act 1974 and corresponding State and Territory
Fair Trading Acts or legalization of another Government (“the relevant
acts”) in certain circumstances imply mandatory conditions and
warranties which cannot be excluded. This warranty is in addition to
and not in replacement for such conditions and warranties. To the
extent permitted by the Relevant Acts, in relation to your product and
any other materials provided with the product (“the Goods”) the
liability of Opti Australia under the Relevant Acts is limited, at the
option of Opti Australia to:
•
Replacement of the Goods; or
•
Repair of the Goods; or
•
Payment of the cost of replacing the Goods; or
•
Payment of the cost of having the Goods repaired.
IV
Opti Australia reserves the right to request proof of purchase upon any warranty
claim.
Life Support:
We do not recommend the use of our UPS products for life support equipment or
direct care where failure of a UPS product could cause failure of, or diminished
effectiveness of the life support equipment or patient care.
*Except as expressly provided for by the UPS “Equipment Protection Policy”
EFFECTIVE October 1, 1997
