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OPM_LPS_3UO_30K_40K_0US_V010.doc Operating Manual LP 33 Series 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
Energyæ 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
j
udgment 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.