Warranties

Emerson Network Power, Surge Protection Inc., Edco Warranty Rev 9.10.12
SL-1501
It is ENPSPI’s practice, consistent with its desire to remedy Warranty defects in the most prompt and effective manner possible, to cooperate with
and utilize the services of component manufacturers and their authorized representatives in the performance of work to correct defects in the
product components. Accordingly, ENPSPI may utilize third parties in the performance of Warranty work, including repair or replacement
hereunder, where, in ENPSPI’s opinion, such work can be performed in less time, with less expense, or in closer proximity to the ENPSPI
product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical
current or connection, negligence, inappropriate on site operating conditions, corrosive atmosphere, repair by non-ENPSPI designated personnel,
accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, Acts of God, theft or installation
contrary to ENPSPI's recommendations or specifications, or in any event if the ENPSPI serial number has been altered, defaced or removed.
Notwithstanding the foregoing, the following Acts of God are covered: lightning-induced surges, which are transients, spikes or other sub-cycle,
discontinuous events impinging on normally applied voltage as defined by reference data in the latest version of IEEE C62.41 and the ENPSPI
product performance specifications.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, circuit breaker resetting or maintenance or service items and further,
except as provided herein, does NOT include labor costs or transportation charges arising from the replacement of the ENPSPI product or any
part thereof or charges to remove or reinstall same at any premises of the User.
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY use of the ENPSPI product in combination with any electrical
or electronic components, circuits, systems, assemblies, or other materials not furnished by ENPSPI. ENPSPI does NOT warrant the suitability
for use or the results of the ENPSPI product in combination with the products of others.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT DESIGNED FOR USE IN THE FOLLOWING APPLICATIONS: (i) ANY
NUCLEAR OR RELATED APPLICATIONS; AND (ii) LIFE SUPPORT AND PATIENT-CONNECTED AND APPLIED MEDICAL AND
DENTAL APPLICATIONS.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF 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 REPAIR OR REPLACEMENT OF THE ENPSPI PRODUCT AS SET FORTH
HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION,
ENPSPI'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE
PRICE.
IN NO EVENT SHALL ENPSPI ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, 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 ENPSPI IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified, if at all, only in a writing signed by a ENPSPI officer.
ENPSPI obligations under this warranty are conditioned upon ENPSPI timely receipt of full payment of the product purchase price and any
other amounts due. ENPSPI reserves the right to supplement or change the terms of this Warranty in any subsequent warranty offering to
User or others.
In the event that any provision of this Warranty should be or becomes invalid and/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 ENPSPI 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.