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MaxPower Corp XVT Series User Manual

Page 19

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XVT USER'S MANUAL

UNINTERRUPTIBLE POWER SUPPLY (UPS)

Xtreme Power Conversion® Corporation (Rev 8/29/13)

Page 19

The following damage is not covered by this Policy:

1. Restoration of lost data and reinstallation of software.

2. Damage from a cause other than AC power-line transients, except for damage due to telephone line, Local Area Network, or CATV

transients, which is covered only if the Product offers such protection.

3. DAMAGE CAUSED BY FAILURE TO PROVIDE A SUITABLE INSTALLATION ENVIRONMENT FOR THE PRODUCT (INCLUDING, BUT NOT

LIMITED TO, LACK OF A PROPER SAFETY GROUND).

4. Damage caused by the use of the Product for purposes other than those for which it was designed.

5. Damage caused by accidents, or natural disasters, including but not limited to, fire, flood, and wind.

6. Damage caused by abuse, misuse, alteration, modification, or negligence.

7. Any labor costs or travel, room and board expenses associated with the repair and/or restoration of lost or damaged hardware,

software or data.

EXCEPT AS EXPRESSLY PROVIDED IN THIS POLICY, XPC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,

INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR MULTIPLE

DAMAGES ARISING OUT OF THE USE OF THE PRODUCT OR DAMAGE TO THE CONNECTED EQUIPMENT,

REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED, EVEN IF ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR

REVENUE, LOSS OF USE OF THE PRODUCT OR THE CONNECTED EQUIPMENT OR ANY ASSOCIATED EQUIPMENT,

LOSS OF SOFTWARE, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES,

DOWNTIME, THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY.

Submitting a Load Protection Policy Claim:

1. Any claim under the Load Protection Policy must be made within 10 days of the date of alleged damage to the Connected

Equipment.

2. Call the XPC technical support department at 1-800- 582-4524 and obtain a Load Protection Policy Returned Material Authorization

(RMA) number. Have information on all applicable insurance or other resources of recovery/payment that is available to the

Purchaser and the name of the power utility supplier for the location of the Connected Equipment. XPC will forward to the Purchaser

a Load Protection Policy claims form, which must be completed and filed with XPC within 30 days.

a. Mark the Load Protection Policy RMA number on the Product the Purchaser is returning.

b. Pack the Product in its original packaging or similar packing materials if the original packaging has been discarded. Enclose

the completed Load Protection Policy claim form and a copy of the Purchaser’s original sales receipt for the Product in

the box.

c.

Mark the RMA number clearly on the outside of the box.

d. Ship the Product (one-way shipping charges paid by the Purchaser) to:

XPC Corporation

230 Yuma Street

Denver, CO 80223

Attn: LPP RMA#

3. XPC will evaluate the Product to determine its level of functionality, and will examine the Product for evidence of damage from a

Power Disturbance..

a. If XPCs' evaluation provides no evidence of damage from a Power Disturbance, XPC will send to the Purchaser (i) a report

summarizing the tests performed and (ii) a rejection of claim notice.

b. If the Product shows evidence of damage from a Power Disturbance, XPC will request that all Connected Equipment for

which a Load Protection Policy claim has been submitted, be sent for evaluation to either XPC or an authorized service

center. If it is determined that the Connected Equipment has been damaged by a Power Disturbance, XPC will, in its sole

discretion, issue payment to the Purchaser for either the cost of repair of the Connected Equipment or the Fair Market

Value of the damaged Connected Equipment, up to the dollar limits stated above. XPC reserves the right to require the

Purchaser to transfer title and deliver the Connected Equipment to XPC if it chooses to reimburse the Purchaser for the

fair market value of the Connected Equipment. XPCs' maximum liability shall be reduced to reflect all such other

payments or sources of recovery, whether applied for or not.

4. If XPC issues payment to the Purchaser to have the Connected Equipment repaired, the repair must be performed at a service center

that is authorized by the manufacturer of the Connected Equipment. XPC reserves the right to contact the authorized service center

directly to discuss repair costs and damage to the Connected Equipment to determine if it was caused by a Power Disturbance and

the right to request that the service center forward the Connected Equipment or components of the Connected Equipment to XPC

for inspection

5. Unless modified in writing signed by an officer of XPC and the Purchaser, the terms of this policy are the complete and exclusive

agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the

parties relating to the subject matter of this agreement. No employee of XPC or any other party is authorized to make any

representations beyond those made in this agreement concerning the Load Protection Policy.

XPC Corporation

230 Yuma Street

Denver, CO 80223

1.800.582.4524