Warranty Disclaimer for ProSeries Power Quality Products
This product is customized and as such carries no warranty beyond those set out in the maintenance agreement(s) (if applicable). Due to the custom nature of the product(s), all sales are considered final and products non-returnable. All products/services, unless specified otherwise, are non-refundable.
Transfer of Ownership:
The warranty (if applicable) is non-transferable and is only valid for the original purchaser. Any transfer of ownership voids the warranty.
Manufacturer Defects:
Any claims for manufacturer defects must be made within the timeframe specified in the maintenance agreement (if applicable). The manufacturer is not liable for defects arising from misuse, unauthorized modifications, or external factors beyond our control.
State Specific Clauses:
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 or the exclusion or limitation of certain damages. If these laws apply, some of the disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Force Majeure:
The manufacturer is not responsible for any failure to perform due to unforeseen circumstances or causes beyond our control, including but not limited to acts of God, war, terrorism, government action, natural disasters, or labor strikes.
Downtime:
The manufacturer is not liable for any loss or damage resulting from product downtime. It is the responsibility of the user to ensure they have adequate backup systems in place.
Unauthorized Tampering:
Any tampering, modification, or unauthorized repair of the product voids all warranties. The manufacturer is not liable for any damages or defects resulting from such actions.
THIS LIMITED “WARRANTY” IS IN LIEU OF, AND THE “SUPPLIER” DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SUPPLIER’S EXCLUSIVE SOLE LIABILITY FOR BREACH OF “WARRANTY” AND AT THE SUPPLIER’S SOLE DISCRETION SHALL BE TO REPLACE THE DEFECTIVE PRODUCT WITHIN THE EFFECTIVE “WARRANTY” PERIOD AND/OR CREDIT THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT TO THE BUYER’S ACCOUNT FOR A FUTURE “PRODUCT” PURCHASE. IN NO EVENT SHALL THE “SUPPLIER” BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHERWISE. NOR SHALL THE “SUPPLIER” BE LIABLE FOR ANY REMOVAL EXPENSE, INSTALLATION EXPENSE OR ANY OTHER EXPENSE OR THE LOSS OF TIME OR PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT THE “SUPPLIER” HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.