Warranty
LOST PROFITS, LOST SAVINGS, LOST SOFTWARE, LOST DATA, LOSS OF USE,
LABOR, BUSINESS INTERRUPTION OR DOWNTIME, THE COST OF REMOVAL,
DISASSEMBLY AND SHIPMENT OF THE DEFECTIVE PRODUCT, FIRE, INJURY TO
OTHER PROPERTY (OTHER THAN EQUIPMENT UNDER THE LIMITED FIVE (5) YEAR
CONNECTED PROTECTION WARRANTY), OR OTHER COMMERCIAL LOSSES, OR
INSTALLATION OF ANY REPLACEMENT PRODUCT. WHERE, DUE TO OPERATION OF
LAW, CONSEQUENTIAL AND INCIDENTAL DAMAGES UNDER THIS LIMITED
WARRANTY, UNDER ANY OTHER EXPRESS WARRANTY NOT NEGATED HEREBY OR
UNDER ANY IMPLIED WARRANTY NOT NEGATED HEREBY (INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE)
CANNOT BE EXCLUDED, SUCH DAMAGES ARE EXPRESSLY LIMITED IN AMOUNT TO
THE PURCHASE PRICE PAID BY BUYER FOR THE CORRESPONDING PRODUCT. THIS
EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, AND THE PROVISION
OF THIS LIMITED LIFETIME PRODUCT WARRANTY LIMITING REMEDIES
HEREUNDER TO REPAIR OR REPLACEMENT, ARE INDEPENDENT PROVISIONS, AND
ANY DETERMINATION THAT THE LIMITATION OF REMEDIES FAILS OF ITS
ESSENTIAL PURPOSE OR ANY OTHER DETERMINATION THAT EITHER OF THE
ABOVE PROVISIONS IS UNENFORCEABLE, SHALL NOT BE CONSTRUED TO MAKE
THE OTHER PROVISION UNENFORCEABLE. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
d. EXCLUSION OF OTHER WARRANTIES: THE SURGEX WARRANTIES ARE IN LIEU OF ALL
OTHER EXPRESS AND IMPLIED WARRANTIES. ALL OTHER EXPRESS AND IMPLIED
WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT ALLOWED
UNDER APPLICABLE LAW.
e. FOR CONSUMER PURCHASERS OF THE PRODUCTS, DISCLAIMER OF IMPLIED
WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE) IS NOT PERMITTED. FOR CONSUMER
PURCHASERS ALL IMPLIED WARRANTIES (INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE) SHALL EXPIRE
UPON THE EXPIRATION OF THE LIMITED LIFETIME PRODUCT WARRANTY. Some
jurisdictions do not allow limitation s on how long an implied warranty lasts, so the above
limitation(s) may not apply to you.
f. The SurgeX Warranties for a Product are void if (i) the Product or Equipment is
tampered with, recycled or repaired by anyone other than an authorized service
center, any time after the Product is installed; (ii) abuse, misuse, alteration,
modification, negligence, or accident by the Buyer or any third party; (iii) the Product
is improperly used, is subjected to an adverse operating environment, or is operated
outside the limits of its electrical specifications; (iv) the Product has been used in a
manner contrary to the product’s operating manual or other written instructions; (v)
the Equipment that is first properly connected to the Product is used Equipment; or
(vi) the Equipment that is first properly connected to the Product is replaced with new
Equipment. Before providing any remedy under the SurgeX Warranties, SurgeX
reserves the right to inspect and test the Product to confirm that the Product is
defective.
g. All connected Equipment must be listed by a nationally recognized testing laboratory
(“NRTL”).
h. The Limited Five (5) Year Connected Protection Warranty does not cover the loss of
software or data of any kind nor or does the Limited Five (5) Year Connected
Protection Warranty include reimbursement for loss of use, labor, business
interruption, or downtime.
i. The Limited Five (5) Year Connected Protection Warranty extends to the properly
connected primary protected Equipment only.
j. The Limited Five (5) Year Connected Protection Warranty only applies to Equipment
damaged while properly connected through your Product to the AC power distribution
grid in Canada or the USA. The Limited Five (5) Year Connected Protection Warranty
only applies to Equipment damaged by power anomalies within the scope of protection
provided by the Product model as defined by Exhibit A. The Connected Protection
Warranty only applies to Product that has failed, and therefore has failed to protect
connected equipment. A “failed” Product is one that is found to no longer perform to
original specifications. All failed Product must be returned to SurgeX for proper
testing/analysis to determine if the failed Product is performing to original specifications.
k. A “Power Line Disturbance” is defined as either high-speed voltage transients (spikes) or
as high frequency noise (RFI or Radio Frequency Interference) conducted on the AC
power lines, as defined by accepted industry and regulatory standards.
l. As used herein, “properly connected” means the installation of the Product and the
connected Equipment must be in compliance with the provisions of the electrical
code corresponding to the jurisdiction where the Product is sold. The inadvertent or
purposeful connection of the Product to the wrong voltages or line rating will
automatically void the SurgeX Warranties. The Product must be plugged directly onto
a properly grounded AC wall outlet. The green Product indicator light must come on
to indicate that the outlet is properly grounded. If the green Product indicator light
does not come on when the Product is plugged in, there is something wrong with the
outlet and the SurgeX Warranties are voided unless the defect in the wiring at the
outlet is corrected or the Product is relocated to a properly grounded outlet and the
green Product indicator light comes on. Green means GO! The use of extension
cords or adapters between the Product and the wall outlet is not permitted and, if
used, voids the SurgeX Warranties. The use of any other ground wire(s) or any other
connection(s) is not permitted and, if used, voids the SurgeX Warranties. All the
electrical, communication, audio, video, and data wires connected to the Equipment
must be properly connected and pass through the appropriate connection on the
Product unless directly connected to a peripheral device that is also properly
connected to the Product and the failure to do so voids the SurgeX Warranties. For
any Equipment that consists of more than one component or piece of equip ment,
then each component or piece of the Equipment must be properly connected to an d
protected with a Product in accordance with our installation instructions and
diagrams and the failure to do so voids the SurgeX Warranties. Please consult with
the SurgeX product customer support hotline at 1-800-645-9721, or our website at
www.surgex.com if our published information does not cover your installation.
i. CAUTION: Do not install the Product if there is not at least ten (10) meters (30 feet) or
more of wire between the electrical outlet and the electrical service panel.
ii. ATTENTION: Ne pas installer le produit s’il n’y a pas au moins 10 mètres (30 pieds) ou
plus de fil entre la prise électrique et le point de service électrique.