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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:
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.
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.
EFFECTIVE October 1, 1997