Warranties

Warranty for Sitescan Products Rev 7.30.10 SL-04800
to Liebert shall be invoiced in the full current price amount should User fail to return the claimed defective product to Liebert within thirty (30)
days of receipt of the replacement product.
All defective products and component parts replaced under this Warranty become the property of Liebert.
Warranty Performance of Component Manufacturers:
It is Liebert'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, Liebert may utilize third parties in the performance of Warranty work, including repair or replacement
hereunder, where, in Liebert's opinion, such work can be performed in less time, with less expense, or in closer proximity to the Liebert product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, storage in an unsuitable environment, improper
application, wrong or inadequate electrical current or connection, negligence, repair by non-Liebert 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 Liebert's
recommendations, or in any event if the Liebert serial number or Warranty Inspection tag has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, circuit breaker resetting, maintenance or service items or any third-
party labor or travel costs not authorized by Liebert associated with the Liebert product 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 the 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 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 LIEBERT PRODUCT 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.
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.
Liebert obligations under this warranty are conditioned upon Liebert timely receipt of full payment of the product purchase price and any other
amounts 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 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 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.