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OPM_SGS_USM_10K_40K_0US_V010.doc 88/88 Operating Manual
SG Series
10, 20, 30 & 40 kVA
RIDER FOR WARRANTY FOR SALE OF SitePro
TM
, DIGITAL ENERGY
TM
SG Series and LP
Series UPS.
This Rider incorporates by reference the Terms and Conditions
in GE Industrial Systems (herein called GE) GETC2003, and
includes the following additional provisions contained herein.
In the event of conflict between this Rider and GETC2003, the
Rider shall take precedence.
Limitation on use with life support equipment:
Customer understands and agrees that the products sold
hereunder are not intended for application or use, and shall not
be used: (i) in conjunction with or for life support equipment
when failure of any product can be reasonably be expected to
cause failure of or diminish the effectiveness of such life support
Customer represents and warrants that it shall NOT USE THE
PRODUCTS FOR ANY SUCH PURPOSES, OR PERMIT
OTHERS TO USE THE PRODUCTS FOR ANY SUCH
PURPOSES. If, in breach of the foregoing, any such use
occurs, Seller shall have no liability for any resulting damage or
injury, in addition to any other legal or equitable rights of Seller,
Customer shall indemnify Seller against any such liability,
whether arising as a result of breach of contract, warranty,
indemnity, tort (including negligence), strict liability or otherwise
.
WARRANTY: Seller warrants to Customer that during the
“Warranty Period” applicable for its SitePro, Digital Energy
TM
SG
Series and LP Series UPS Product furnished hereunder (the
“Product”) will be free from defects in material, workmanship
and title.
The warranty period (“Warranty Period”) for the specified
Product begins on the earlier of three (3) months after the
delivery date or upon commissioning of the Product (if
applicable) and ends at the end of the period as set forth below:
The Warranty Period for the specified Product is as follows:
SitePro / Digital Energy
TM
SG Series UPS 12 Months
LP Series UPS 24 Months
In no case does this warranty apply to any failure or
nonconformance with specifications caused by or attributable to
any associated or complementary products not supplied under
these Terms and Conditions, nor shall it in any case apply to the
quantity or quality of the product of Customer or the process of
manufacture on which any products are used. The warranties
and remedies set forth herein are conditioned upon (a) proper
transportation, handling, storage, installation, commissioning,
operation, use and maintenance in conformance with the
operation instruction manuals (including revisions thereto)
provided by Seller, any applicable recommendations of Seller
and any applicable laws, regulations or codes (b) repair or
modification pursuant to Seller’s instructions or approval and (c)
Customer promptly notifying Seller of any defects and, if
required, promptly making the Product available for correction at
Customer’s expense. This warranty shall not apply (a) if
Customer or any other unauthorized person has made any
modifications, alterations or repairs to the Product not
authorized by Seller, including Customer’s use of parts in
conjunction with the Product (excluding batteries) not admitted
or delivered by Seller, (b) to a Product with removed or altered
serial numbers, (c) to a Product damaged by acts of God,
sources external to the Product, misuse, accident, abuse,
neglect, negligence, or use beyond rated capacity,
and (d) if GE
authorized field service technician does not commission Digital
Energy
æ
SG Series UPS and SitePro UPS."
If any Product or service fails to meet the foregoing
warranties (except title), Seller shall thereupon correct any such
failure either, at its option, by (i) repairing any defective or
damaged part or Product and/or reperforming any defective
service or (ii) making available, F.O.B. at Seller’s facility, place
of manufacture or other mutually agreed upon point of shipment,
any necessary repaired or replacement parts; provided,
however, that prior to repairing any defective or damaged part or
Product, Seller shall have received, at Customer’s cost, such
part or Product in need of repair or replacement.
If reperformance is not practicable, Seller will furnish without
charge services in an amount essentially equal to those that, in
the sole judgment of Seller, would have been required for
reperformance. Where a failure cannot be corrected by Seller’s
reasonable efforts, the parties will negotiate an equitable
adjustment in price. In providing a replacement Product or parts,
Seller reserves the right to use refurbished circuit boards, which
shall be warranted in accordance with this Warranty Provision.
The correction of any failure or the supply of repaired or
replacement parts or Products pursuant to this Warranty
Provision shall not extend the duration of the applicable Warranty
Period.
Seller does not warrant the following items: (i) computer
hardware, (ii) any computer software, including software provided
by Seller with any Product, (iii) products or services obtained from
others or (iv) any batteries used in conjunction with the products,
including those provided by Seller, and in regard to these items,
only the warranty of the manufacturer, if any, shall apply. Seller's
obligation under this Provision entitled “Warranty” shall terminate
immediately upon any modification of the Product by Customer
unless made with the approval of Seller.
The Warranty Period applicable to each Product can be
extended, if Customer purchases an extended warranty from
Seller. If Customer purchases an extended warranty from Seller,
the terms of such extended warranty shall supersede these
warranty provisions.
THE PRECEDING PARAGRAPHS OF THIS WARRANTY
PROVISION SET FORTH THE EXCLUSIVE CLAIMS
(EXCEPT AS TO TITLE) BASED ON DEFECT IN OR
FAILURE OF A PRODUCT, WHETHER THE CLAIM IS IN
CONTRACT, INDEMNITY, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE.
Upon the expiration of the applicable Warranty Period, all such
liability shall terminate and Customer shall have a reasonable
time, not to exceed thirty (30) days after the applicable Warranty
Period, to give written notice of any defects that appeared during
the Warranty Period.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND
IN AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL, IMPLIED OR
STATUTORY. NO IMPLIED STATUTORY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE SHALL APPLY.
INSTALLATION AND COMMISSIONING OF INSTALLABLE
SYSTEMS: If the Products cannot be installed immediately after
delivery, Customer is responsible for maintaining proper storage
conditions according to operating manuals and any other
instructions provided by Seller.
Installable Products may only be installed by certified
electrical installers and must be installed according to Seller’s
specifications, appropriate national electrical codes and accepted
standards of workmanship. For purposes of these GE Terms and
Conditions, “installable Products” shall mean Products that
require the services of a certified electrical installer to be
connected to the power grid.
The commissioning of installable Products may only be done
by a technician authorized by Seller and must be done according
to Seller’s specifications. For purposes of these GE Terms and
Conditions, “commissioning” shall mean the start-up of the
installable Products and the testing of the installable Products in
connection with the load. If commissioning is to be performed by
Seller, Seller may refuse to commission the installable Products,
if the operating conditions at Customer’s site do not allow safe
commissioning and operation of the installable Products.
Any costs resulting from a delay in commissioning will be charged
to Customer.