CyberPower CP1500AVRLCD Warranty Statement - Page 2

to you. CyberPower may, as a condition of fulfilling duties under this warranty, including by way of example the replacement or refund of the Product, that Consumer demonstrate that the Product be provided to CyberPower and be free and clear of liens and other encumbrances. 1. This Warranty does not apply unless the Product and the equipment that was connected to it were connected to properly wired and grounded outlets (including compliance with electrical and safety codes of the most current electrical code), without the use of any adapters or other connectors. 2. The Product must have been plugged directly into the power source and the equipment connected to the Product must be directly connected to the Product and not "daisy-chained" together in serial fashion with any extension cords, another Product or device similar to the Product, surge suppressor, or power tap. Any wrongful installation voids the Warranty. 3. The Product and equipment connected to it must have been used properly in a suitable and proper environment and in conformance with any license, instruction manual, or warnings provided with the Product and the equipment connected to it. 4. The Product must have been used at all times within the limitations on the Product's VA/Watt capacity. 5. Damage from causes other than AC Power Line Transients, spikes, or surges on properly installed, grounded and code-compliant 120 volt power lines in the United States when properly installed and connected. 6. Damage from any circumstance described as excluded above with respect to the Product. 7. CyberPower excludes any liability for indirect, special, incidental or consequential damages, whether for any injury, damage to or loss of property, loss of profits, business interruption, or loss of information or data. 8. The Product is not designed or intended for use in hazardous environ­ments requiring fail-safe performance, or for use in any circum­stance in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage, or that would affect operation or safety of any medical or life support device (collectively, "High Risk Activities"). CyberPower expressly disclaims any express or implied warranty of fitness for High Risk Activities or with aquariums. CyberPower does not authorize use of any Product in any High Risk Activities or with Aquariums. ANY SUCH USE IS IMPROPER AND IS A MISUSE OF THE PRODUCT. 9. CyberPower may, as a condition of fulfilling duties under this warranty, including by way of example the replacement or refund of the Product, that Consumer demonstrate that the Product be provided to CyberPower and be free and clear of liens and other WHERE CAN I GET MORE INFORMATION? CyberPower is the warrantor under this Limited Warranty. For further information please contact CyberPower at: Cyber Power Systems (USA), Inc. 4241 12th Ave E., STE 400, Shakopee, MN 55379 (877) 297-6937 | www.CyberPowerSystems.com/support This document is believed to be accurate, however CyberPower reserves the right to modify the contents at any time, without prior notice, and does not assume any responsibility for omissions or errors. encumbrances. CyberPower reserves the right of subrogation under any existing insurance policies the Initial Customer may have. CyberPower's obligation is reduced by any amounts that the Initial Customer is entitled to recover from other sources regarding the Connected Equipment, including insurance, other warranty, or extended warranty coverage, whether or not the Initial Customer makes a claim for recovery. 10. TO THE FULLEST EXTENT PERMITTED BY LAW, CYBERPOWER SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FOR DAMAGE TO OR LOSS OF PROPERTY (EXCEPT AND ONLY FOR THE SPECIFIC CONNECTED EQUIPMENT WARRANTY DESCRIBED HEREIN), FOR INJURY OR DAMAGE TO BUSINESS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR LOSS OF PROFITS, REVENUES OR GOODWILL. CYBERPOWER SHALL HAVE NO LIABILITY FOR PERSONAL INJURY UNDER THIS WARRANTY. THESE EXCLUSIONS APPLY REGARDLESS OF CAUSE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR FAULT), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH. THE PREVAILING PARTY SHALL BE ENTITLED TO THEIR COSTS, DISBURSEMENTS AND REASONABLE ATTORNEY'S FEES AND FOR ANY CLAIM UNDER THE WARRANTY OR OTHERWISE ASSOCIATED WITH THE PRODUCT. Some States do not allow the exclusion or limitation of incidental or consequential damages, or forum selection clauses, so those limitations may not apply to you. This Warranty gives you specific legal rights and you may have other rights, which vary from State to State. Additionally, State law may adjust the terms of the Warranty or the State or Province may impose additional obligations, or additional "implied warranties." To the extent necessary to comply with those laws, the terms of this Warranty should be read to adjust to those requirements only to the extent necessary to comply with such local law. Where any term of this Warranty is prohibited by such laws, that term shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect. 11. Unless prohibited by law, all claims concerning the Product or regarding the Warranty shall be limited to the remedies and limitations set forth here, and otherwise governed by Minnesota law. Any action to enforce these terms shall be in the state and federal courts serving Shakopee, Minnesota, without reference to conflict of law principles, and the parties expressly consent to jurisdiction in that venue. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. However, before bringing a claim for a breach of a warranty, a claimant shall pursue a Warranty Claim with CyberPower as set CyberPower also reserves the right to change, without prior notice, product offerings or specifications. For current product information and offerings please visit our website at www.CyberPowerSystems.com. This Warranty gives you specific legal rights, and you may also have other rights which vary from State to State. The provisions above are severable. If any such provision is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. CyberPower encourages environmentally sound methods for disposal and recycling of its products. Please dispose and/or recycle this Product and any batteries in accordance with your local regulations. YOUR ULTIMATE ALLY IN POWER forth in this Warranty. Thereafter, the parties shall resolve their dispute by binding arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Minneapolis, Minnesota, United States and shall be governed by the laws of the State of Minnesota. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules that contemplate in person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. 12. This Warranty is valid in all 50 U.S. states and the District of Colombia. All other countries or territories are expressly excluded. The Warranty is null and void if CyberPower or its representative determines, in its sole discretion, that the Product or Connected Equipment has been improperly installed, operated, applied or maintained, operated in a failure mode or not in compliance with any license, instructions, labels, or warnings provided with the Product or the Connected Equipment, or if the Product or Connected Equipment has been altered in any way or tampered with. The Product must have been used at all times within the limitations of the Product's ratings and specifications. WARNING: This product can expose you to chemicals including Styrene, which are known to the State of California to cause cancer, and Bisphenol A (BPA), which are known to the State of California to cause birth defects or other reproductive harm. For more information go to http://www.P65Warnings.ca.gov. All rights reserved. Reproduction without permission is prohibited.