Warranty

c. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: THE SURGEX
WARRANTIES, ANY OTHER EXPRESS WARRANTY NOT NEGATED HEREBY AND ANY
IMPLIED WARRANTY NOT NEGATED OR LIMITED HEREBY (INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE), DO NOT COVER, AND SURGEX WILL IN NO EVENT BE LIABLE FOR,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
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 OR BATTERY, FIRE,
INJURY TO OTHER PROPERTY, OR OTHER COMMERCIAL LOSSES, OR
INSTALLATION OF ANY REPLACEMENT PRODUCT OR BATTERY. 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 THE SURGEX WARRANTIES 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 CORRESPONDING SURGEX WARRANTIES. Some
jurisdictions do not allow limitations on how long an implied warranty lasts, so the above
limitation(s) may not apply to you.
f. The SurgeX Warranties are void if (i) the Product or a Battery 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 or a Battery is improperly
used, is subjected to an adverse operating environment, or is operated outside the
limits of its electrical specifications; (iv) the Product or a Battery 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 and each Battery to confirm that
the Product or Battery is defective.
g. 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 is 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 equipment, then
each component or piece of the equipment must be properly connected to and
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.
h. SEVERABILITY: In the event any portion of the SurgeX Warranties shall be determined to
be invalid under any applicable law, such provision shall be deemed null and void and the
remainder of the SurgeX Warranties shall continue in full force and effect.
i. The SurgeX Warranties give you specific legal rights, and you may also have other rights
which vary from jurisdiction to jurisdiction.
Rev D - Effective Date: March 25, 2019
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