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Emerson 15-90kW Warranties

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1. Centigrade increase in operating temperature above 25 degrees Centigrade base temperature Batteries in the same string must be the same manufacturer same model If not the warranty is void The warranty does not apply to batteries used in cycle applications 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 if at all only in a writing signed by a Liebert officer Liebert obligations under this warranty are conditioned upon timely receipt of full payment of the product purchase price and any amounts due from User under this Warranty 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 User shall complete the attached User Information Card and forward it to Liebert within thirty 30 days of receipt of the Liebert product This Warranty shall be governed by and construed under the laws of the State of Ohio 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
2. within forty eight hours REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL WARRANTY PERIOD 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 Limitations e THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE e USER S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH HEREIN e 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 ONE TIMES THE NET PRODUCT PURCHASE PRICE e IN NO EVENT SHALL LIEBERT ASSUME ANY LIABILITY FOR INDIRECT SPECIAL INCIDENTAL CONSEQUENTIAL OR EXEMPLARY 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 STR
3. ICT LIABILITY TORT OR OTHERWISE Additional Limitations amp Conditions for Batteries e A battery will only be considered defective if it fails to deliver at least 80 percent of its rated capacity during the warranty period Rated capacity is that which is published in the manufacturer s official product literature for the specific product at the time of shipment VRLA Battery amp Cabinet Warranty rev 9 25 2013 SL 05100 Batteries must be charged discharged operated stored and serviced in accordance with applicable manufacturer s instructions Each battery must be the proper size design and capacity for its intended UPS application at 25 degrees Centigrade The purchaser end user shall give a freshening charge to the battery every six months after the date code on the battery until final installation Temperature a Average annual temperature shall not exceed 25 degrees Centigrade 77 degrees Fahrenheit b Cell temperature shall not exceed 32 degrees Centigrade 90 degrees Fahrenheit for any 30 day period c Operation or storage of any product for any length of time in an environment having a temperature above 40 degrees Centigrade will void the warranty with respect to those products The warranty period shall be adjusted based on actual operating conditions such as temperature and frequency of discharge as published and specified by the battery manufacturer The warranty period will be reduced 50 for every 8 degrees
4. LIMITED WARRANTY FOR TEN 10 YEAR DESIGN LIFE VRLA BATTERIES amp BATTERY CABINET PRODUCTS This Warranty is given ONLY to purchasers who buy for commercial or industrial use in the ordinary course of each purchaser s business General Liebert Corporation products and systems are in our opinion the finest available We take pride in our products and are pleased that you have chosen them Under certain circumstances we offer with our products the following Warranty Against Defects in Material and Workmanship Please read your Warranty carefully This Warranty sets forth our responsibilities in the unlikely event of defect and tells you how to obtain performance under this Warranty LIMITED WARRANTY AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP PRODUCTS COVERED Ten 10 Year Design Life Valve Regulated Lead Acid VRLA Batteries Liebert manufactured battery cabinets for Uninterruptible Power Supply UPS system applications NX600 NX200 NXL S610 Npower APM and NX30 UPS family Terms of Warranty Liebert Manufactured Battery Cabinets not including batteries As provided herein each Liebert manufactured battery cabinet is warranted to be free of defects in material and workmanship for a period of i one year from the start up date provided start up is performed by Liebert personnel occurs within six 6 months of the Liebert shipping date and the product has been stored in a suitable environment prior to start up or ii in an
5. only from the Liebert bill of lading From time to time Liebert is requested by Users as defined below to procure non Warranty VRLA Batteries for User on a per order basis Under these circumstances Liebert assigns to User any warranties which are made by the manufacturers and suppliers of such non VRLA Warranty Batteries and which are assignable but Liebert makes NO REPRESENTATIONS as to the effectiveness or extent of such warranties assumes NO RESPONSIBILITY for any matters that may be warranted by such manufacturers or suppliers and extends no coverage under this Warranty to such non VRLA Warranty Batteries VRLA Battery amp Cabinet Warranty rev 9 25 2013 SL 05100 Warranty Extends to First Purchaser for Use Non transferable This Warranty is extended to the first person firm association or corporation for whom the Liebert product specified herein is originally installed for use in the United States or Canada the User This Warranty is not transferable or assignable without the prior written permission of Liebert Drawings Descriptions Liebert warrants for the period and on the terms of the Warranty set forth herein that the covered product will conform to the descriptions contained in the certified drawings if any applicable thereto to Liebert s final invoices and to applicable Liebert product brochures and manuals published as of the date of product shipment Descriptions Liebert does not control the use of any produc
6. ormance of Warranty work including repair or replacement hereunder where in Liebert s opinion such work can be performed in less time with less expense and in closer proximity to the Liebert product VRLA Battery amp Cabinet Warranty rev 9 25 2013 SL 05100 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 inadequate water or drain services negligence inappropriate on site operating conditions 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 specifications or in any event if the Liebert for cabinets or other manufacturer s for batteries serial number has been altered defaced or removed THIS WARRANTY DOES NOT COVER shipping costs installation costs circuit breaker resetting 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 product or any part thereof or charges to remove same from any premises of User THIS WARRANTY IS VOID if User allows any battery for the Liebert UPS product to discharge below the minimum battery voltage cutoff point The warranty is void if the user does not start recharging a discharged battery
7. subject VRLA Battery amp Cabinet Warranty rev 9 25 2013 SL 05100
8. t Accordingly it is understood that the Descriptions are NOT WARRANTIES OF PERFORMANCE and NOT WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE Warranty Claims Procedure Within a reasonable time but in no case to exceed thirty 30 days after User s discovery of a defect User shall contact Liebert at 1 800 LIEBERT 543 2378 All defective products and component parts replaced under this warranty become the property of Liebert Liebert Manufactured Battery Cabinets Subject to the terms and conditions specified herein should Liebert determine that the battery cabinet is defective a Liebert field service representative will repair or replace at Liebert s option the non conforming Liebert product warranted hereunder without charge for material or labor provided start up of the Liebert product was performed by Liebert personnel In all other instances User will be charged for labor performed at Liebert s then current rates Warranty coverage will be extended only after Liebert s inspection discloses the claimed defect and shows no signs of treatment or use that would void the coverage of this Warranty Ten 10 Year Design Life VRLA Batteries Subject to the terms and conditions specified herein should Liebert determine that a Warranty VRLA Battery is defective within the initial three year warranty period Liebert will replace the Warranty VRLA Battery with a functionally equivalent battery During the pro rata portion of the warrant
9. y event a maximum of eighteen 18 months from date of product shipment from Liebert The warranty duration shall be whichever period described in the preceding sentence expires first The start up date will be determined only from the completed inspection and start up sheet provided by Liebert to User The product shipment date will be determined only from the Liebert bill of lading If any part or portion of the Liebert product fails to conform to the Warranty within the Warranty period Liebert at its option will furnish new or factory remanufactured products for repair or replacement of that portion or part and reinstall the replacement product Ten 10 Year Design Life VRLA Batteries Liebert does not manufacture batteries but does warrant certain ten 10 year design life VRLA batteries Subject to the further conditions and limitations set forth in this document EnerSys brand DataSafe models 12HX and 16HX and East Penn Deka brand Unigy UPS High Rate Series ten 10 year design life VRLA batteries the Warranty VRLA Batteries that are purchased from Liebert and used in Liebert manufactured battery cabinets are warranted to be free of defects in material and workmanship for a period of i three years from date of shipment on a battery only replacement basis with a functionally equivalent battery and ii after the third year an additional seven years on a pro rata basis The product shipment date will be determined
10. y period Liebert will replace a Warranty VRLA Battery that Liebert determines to be defective based on the below pro rata formula The formula yields a pro rata credit value which shall be applied against the battery manufacturer s current published list purchase price of a new product of equal or greater Ampere Hour capacity Non Warranty VRLA Batteries With respect to non Warranty VRLA Batteries procured by Liebert for Users Liebert makes NO REPRESENTATIONS as to the effectiveness or extent of warranties that may be assigned to Users for such non Warranty VRLA Batteries assumes NO RESPONSIBILITY for any matters that may be warranted by manufacturers or suppliers of non Warranty VRLA Batteries and extends no coverage under this Warranty to such non Warranty VRLA Batteries PRO RATA CALCULATION FOR CREDIT Battery Manufacturer s Current Published List Purchase Price for the Warranty VRLA Battery X of Months of Total Warranty of Months of Un Expired Warranty of Months of Total Warranty Pro Rata Price 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 Liebert components Accordingly Liebert may utilize third parties in the perf

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