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Warranty Statement
40 Symmetra PX 10-40 kW 208 V Operation & Maintenance Guide - 990-4104B
EXCLUSIONS
APC SHALL NOT BE LIABLE UNDER THE WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSES THAT THE ALLEGED DEFECT IN THE PRODUCT DOES
NOT EXIST OR WAS CAUSED BY YOUR OR ANY THIRD PERSON’S MISUSE,
NEGLIGENCE, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED
ATTEMPTS TO REPAIR OR MODIFY, OR ANY OTHER CAUSE BEYOND THE RANGE
OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW
OR OTHERWISE, OF PRODUCTS SOLD, SERVICED OR FURNISHED UNDER THIS
AGREEMENT OR IN CONNECTION HEREWITH. APC DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTION AND FITNESS FOR A
PARTICULAR PURPOSE. APC’S EXPRESS WARRANTIES WILL NOT BE ENLARGED,
DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY WILL ARISE
OUT OF, APC’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN
CONNECTION WITH THE PRODUCTS. THE FOREGOING WARRANTIES AND
REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND
REMEDIES. THE WARRANTIES SET FORTH ABOVE, CONSTITUTE APC’S SOLE
LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF SUCH
WARRANTIES. APC’S WARRANTIES RUN ONLY TO YOU AND ARE NOT EXTENDED
TO ANY THIRD PARTIES.
IN NO EVENT SHALL APC, ITS OFFICERS, DIRECTORS, AFFILIATES OR
EMPLOYEES BE LIABLE FOR ANY FORM OR INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE, SERVICE
OR INSTALLATION, OF THE PRODUCTS, WHETHER SUCH DAMAGES ARISE IN
CONTRACT OR TORT, IRRESPECTIVE OF FAULT, NEGLIGENCE OR STRICT
LIABILITY OR WHETHER APC HAS BEEN ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGE.
SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS APPLICABLE, DO
NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS, IMPLIED
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IT IS APC’S INTENT TO MAKE SUCH LIMITATIONS AND
EXCLUSIONS IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTEND
ALLOWED UNDER ANY APPLCABLE LAW.