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Powerware 9315 Parallel Capacity/Redundant System with PHP SSBM
164201373 Rev. A 092402
LIMITED FACTORY WARRANTY FOR THREE-PHASE POWERWARE PRODUCTS
This Warranty applies only to units installed in the F ifty (50) United States of America. Subject
to the conditions herein, Powerware Corporation (Powerware) warrants solely to the initial
end---user the electronics (the “Unit”) against defects in material and workmanship for a period
of 12 months from the date of equipment start up or 18 months from d ate of receipt by end-user,
whichever occurs first.
If, in the opinion of Powerware, the Unit fails to meet published specifications and the defect is
within the terms of this warranty, the Unit will be repaired or replaced at the option of Powerware
with no charge for replacement parts. Labor required, to make the repairs or repl acement
installation, and travel costs incurred by Powerware’s representatives, is no t included under the
terms of this Limited Warranty, except for labor required during the f irst 90 days after the date
of del ivery, provided that startup, of the unit onsite, has been performed by Powerware.
Equipment sold, but not manufactured, by Powerware, e.g., batteries and only the manufacturer
of such equipment shall warrant battery racks. E quipment repaired or repla ced pursuant t o this
warranty will be warranted for the remaining portion of the original warranty subject to al l the
terms t hereof.
This warranty does not apply to any Unit that has been subject to neglect, accident, abuse,
misuse, misapplication, incorrect installation, or that has been subject to repair or alteration, not
authorized in writing by Powerware’ personnel, Purchaser shall be invoiced for, and s hall pay
for, al l services not expressly provided for by the terms hereo f, including, without limitation, site
calls involving a n inspection which determines no corrective maintenance is required. THIS
WARRANTY IS THE PURCHASER’S (USER’S) SOLE REMEDY AND IS EXPRESSLY IN LIEU OF,
AND THERE ARE NOT OTHER, EXPRESSED OR IMPLIED GUARANTEES OR WARRANTIES
(INCLUDING ANY IMPLIED WARRANTY OF MERCHANT AB ILITY OR FITNESS FOR ANY
PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED). In no case willPowerware’s’ liabilityunder
this Warranty exceed the replacement value of the Unit warranted.
Powerware’s o bligation, under said warranty, is expressly conditioned upon receipt by
Powerware of all payments due it (including interest charges, if any). During such time as
Powerware has not received payment of any amount due to Powerware, in accordance with the
Contract terms under which the equipment is sold, P owerw are s hal l have no obligation, under
said warranty; also during this time, the period of said warranty shall continue to run and the
expiration of said warranty shall not be extended upon payment of the overdue amount. These
limitations, to said warranty, apply even in the event that the equipment is sold initially by
Powerware for resale to an ultimate end-user.
In no event shall Powerware be liable for any indirect, incidental special or consequential
damages of any kind or type whatsoever, or based on any claim or cause of action, however
denominated. Powerware shall not be responsible for failure to provide service or parts due to
causes beyond P owerware’s’ reasonable control. This limited warranty applies only to the
original end user of the unit.
Cost for replacement equipment, installation, material freight charges travel e xpenses andlabor
of Powerware representatives will be borne by the Purchaser (user). Any advice furnished the
Purchaser before or after delivery in regard to use or application of Powerware equipment is
furnished without charge and on the basis that it represents Powerware’s best judgment under
the circumstances. The use of any such advice by the Purchaser is solely and entirely at its own
risk.