Warranties

Warranty for Racks and Aisle Containment Rev 11.2911 SL-04695
use, exposure to the elements, acts of God, theft, or installation contrary to Liebert's recommendations or specifications, or in any event if the
Liebert serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, external circuit breaker resetting, loss of refrigerant, or maintenance
or service items and further, except as may be provided herein, does NOT include labor costs or transportation charges arising from the
replacement of the Liebert product or any part thereof or charges to remove or reinstall same at any premises of User.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN THE CONTROL AREA OR ANY REACTOR CONNECTED OR
SAFETY APPLICATIONS OR WITHIN THE CONTAINMENT AREA OF A NUCLEAR FACILITY OR WHERE THE PRODUCTS HAVE
POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE
MAINTAINED AT ALL TIMES. THE PRODUCTS LISTED IN THIS WARRANTY MAY BE USED IN APPLICATIONS INVOLVING
LIFE-SUSTAINING OR LIFE-SUPPORTING DEVICES ONLY
WHERE THE END-USE CUSTOMER HAS SIGNED LIEBERT’S
HEALTHCARE APPLICATION SALES AGREEMENT, OTHERWISE THE WARRANTY IS VOID.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART DOES NOT EXTEND THE ORIGINAL WARRANTY PERIOD.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE LIEBERT PRODUCT OR LIEBERT PRODUCT PARTS AS SET
FORTH HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, LIEBERT'S
RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE PAID BY
THE PURCHASER.
IN NO EVENT SHALL LIEBERT ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT, OR OTHERWISE.
Miscellaneous:
NO SALESPERSON, EMPLOYEE OR AGENT OF LIEBERT IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified only by a writing signed by a Liebert officer.
Liebert obligations under this Warranty are conditioned upon Liebert timely receipt of full payment of the product purchase price and any other
charges due. Liebert reserves the right to supplement or change the terms of this Warranty in any subsequent warranty offering to User or others.
In the event any provision of this Warranty becomes invalid or unenforceable during the Warranty period, the remaining terms and provisions
shall continue in full force and effect.
This Warranty shall be governed by, and construed under, the laws of the State of Ohio, without reference to the conflict of laws principles
thereof.
This Warranty represents the entire agreement between Liebert and User with respect to the subject matter herein and supersedes all prior or
contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.