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SERVICE AND SUPPORT
EATON Power Xpert
®
Gateway Series 1000 Card User’s Guide S 164201670 Rev 1
77
Company shall not be responsible for any charges for testing, checking, removal or installation of Warranted Items.
COMPANY DO ES NOT WARRANT EQUIPMENT NOT MANUFACTURED BY COMPANY. IF PERMI TTED BY THE
APPLICABLE MANUFACTURER, COMPANY
SHALL PASS THROUGH SUCH MA NUFACTURER’S WARRANTIES TO
END-USER.
COMPANY DO ES NOT WARRANT SOFTWARE (IF APPLICABLE TO TH
E PRODUCT) , INCLUDING SOFTWARE
EMBEDDED IN PRODUCTS, THAT IS NOT CREATED BY COMPANY. WITHOUT LIMITING THE FOREGOING,
C
OMPANY SPECIFICALLY DOES NOT WARRA NT SOFTWA RE (SUCH AS LINUX
®
) THAT WAS CREATED USING AN
“OPEN SOURCE” MODEL OR IS DISTRIBUTED PURSUAN T TO AN OPE N SOURCE LICENSE.
THIS WARRA NTY 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 IN CLUDING BUT NOT LIMITED TO ANY IMP LIED WARRANTIES OF MERCHANTABILI
TY, TITLE,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PUR POSE. CORRECTION OF NON-CONFORMITIES IN
THE MANNER AND F
OR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTI TUTE COMPANY’S SOLE
LIABILITY AND END-USER’S EXCLUSIVE REMEDY FOR FAI
LURE OF COMPANY TO MEET ITS WARRANTY
OBLIGATIONS, WHETHER CLAIMS OF THE END-US ER ARE BASED IN CONTRACT, IN TORT (IN CLUDI
NG
NEGL IGENCE OR STRICT LIABIL ITY), 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 LIMITA TIONS:
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 WARRAN TY:
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 7x24 at 800-356-5737. Outside
of the USA, contact your local Eaton 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.