ONE YEAR LIMITED WARRANTY
Read the following terms and conditions carefully before using the CyberPower refurbished and recertified product (“Product”). By using the Product, you consent to be bound and become a party to the terms and conditions of this One (1) Year Limited Warranty (“Warranty”). If you do not agree to the terms and conditions of the Warranty, you should return the product for a full refund prior to using it. Except as required by law, this Warranty only covers the original purchaser (“Initial Customer”). The Warranty may not be transferred to any third party and coverage ends if the Initial Customer sells or otherwise transfers the Product. To be covered, the Initial Customer must still be the owner of the Product at the time of the failure that results in the claim made under this Warranty (“Occurrence”). CyberPower warrants you, the Initial Customer, that the Product will be free from defects in material and workmanship for one (1) year from the date of original purchase, subject to the terms of this Warranty. This Warranty gives you specific rights and you may have other rights, which vary from State to State or Province to Province. What does this Warranty cover? This Warranty is subject to the limitations and exclusions set forth herein. This Warranty covers defects in design, materials and workmanship in the Product under normal use and conditions and when installed and used in accordance with this manual. All implied warranties are disclaimed to fullest extent allowed by law, and in any event, any implied warranties including any implied warranties of merchantability, fitness for a specific purpose, and quality are limited to the duration of the Warranty granted hereunder. Making a Limited Warranty Claim. To make a Limited Warranty claim, you must return the Product to the original place of purchase for replacement, repair, or refund at CyberPower or its representative’s sole discretion.
UNITED STATES BASED CUSTOMERS ONLY:
- Return or replace the Product to the original place of purchase for replacement. repair, or refund at CyberPower or its representative’s sole discretion.
- If you are located in the contiguous United States and are unable to return or replace the Product at the original place of purchase, please gather the following information: the model number and serial number of the product; a description of any and all equipment connected to the Product (“Connected Equipment”) at the time and site of the Occurrence; if applicable, a description of the Connected Equipment that was damaged during the Occurrence and the extent of the damage; the date of the Occurrence; the location where you purchased the product; the date you purchased the product; copies of the original receipts for the Product and any damaged Connected Equipment; a brief statement of the Occurrence; Information on all applicable insurance or other resources of recovery/payment that are available to the Initial Customer.
- If the Product is replacing a previous purchase, the Product will assume the remainder of the original warranty term and conditions.
- Contact CyberPower within 10 days of the Occurrence. Visit our web site at https://www.cyberpowersystems.com/support/ or call us at (877) 297-6937 or write to us at Cyber Power Systems (USA) Inc. 4241 12th Ave East, Suite 400, Shakopee, MN 55379.
If your product requires warranty service, you must provide a copy of your dated purchase receipt or invoice.
How Long Do I Have To Make A Claim?
All claims must be made within ten (10) days of the occurrence.
What Will We Do To Correct Problems?
CyberPower or its representative will inspect and examine the Product. CyberPower or its representative reserves the right to inspect the Product, any and all equipment connected to the Product at the time (“Connected Equipment”), and the site of the Occurrence. The Product and all Connected Equipment must remain available for inspection until the claim is finalized. If it is determined by CyberPower or its representative, in its sole discretion, that a defect in material or workmanship resulted in failure of the Product during its normal use, it is CyberPower or its representative’s sole responsibility to repair, replace or refund the purchase price of the Product.
What isn’t covered by the warranty?
- This Warranty does not cover or apply to: products which are not defective or broken; Products that are working as described in the user manual; to any normal wear, misuse, modification, operation or storage outside environmental limits of the Product or the Connected Equipment; for damage while in transit or in storage; if there has been improper installation, operation or maintenance; nor for use with items not designed or intended for use with the Product. All warranties are null and void if, in CyberPower’s sole discretion CyberPower determines: the Product in use during the Occurrence is not provided to CyberPower or its representative for inspection upon CyberPower’s or its representative’s request at the sole expense of the Initial Customer; that the Product or Connected Equipment have been improperly installed, altered in any way or tampered with; that the damage did not result from the Occurrence or that no Occurrence in fact took place; the repair or replacement of the Connected Equipment is covered under a manufacturer’s warranty; or if CyberPower or its representative determines that the Product or the Connected Equipment were not used under normal operating conditions, or were not used in accordance with all labels or instructions provided with the Product.
- This Warranty does not cover any software that was damaged or needs to be replaced due to the failure of the Product or any data that is lost as a result of the failure or the restoration of data or records, or the reinstallation of software.
What are the Limitations?
The sole and exclusive remedies of the Initial Customer are those provided by this Warranty.
- To the extent permitted by law, this Warranty and the remedies set forth are your sole and exclusive remedy and are provided in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. CyberPower disclaims all statutory and implied warranties, including without limitation, warranties of merchantability, quality, and fitness for a particular purpose and warranties against hidden or latent defects, to the fullest extent permitted by law. In so far as such warranties cannot be disclaimed, CyberPower limits the duration and remedies of such warranties to one year or the duration of this Warranty if so required, and, at CyberPower’s option, the repair or replacement services described herein. Some States or Provinces do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
- This Warranty is valid in all 50 U.S. states, the District of Colombia, Puerto Rico, and Canada. 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.
- This Warranty does not apply unless the Product and the Connected Equipment were connected to utility power via 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. The Product must have been plugged directly into the power source and the Connected Equipment 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 such installation voids the Warranty.
- 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 Connected Equipment.
- The Product must have been used at all times within the limitations of the Product’s VA capacity.
- CyberPower Does Not Cover or Undertake Any Liability in Any Event for Any of the Following:
- Damage from any circumstance described as excluded above with respect to the Product.
- Loss of or damage to data, records, or software or the restoration of data or records, or the reinstallation of software.
- Damage from causes other than AC Power Line Transients, spikes or surges on properly installed, grounded and code-compliant 120-volt utility power lines in the United States and Canada; transients, surges or spikes on standard telephone land lines, PBX telephone equipment lines or Base 10T Ethernet lines, when properly installed and connected. (This exclusion applies, for example, to fluctuations in data transmission or reception, by CATV or RF transmission or fluctuations, or by transients in such transmission.)
- Damage caused by unprotected phone, network or coaxial cables. If the connected phone, network or coaxial cables are not protected, the Warranty is null and void if a power disturbance damages your Connected Equipment through the phone, network or coaxial lines. You are only covered if the disturbance entered through the AC line.
- Damage caused by voltage spikes lasting more than 1ms. The Product was designed to eliminate disrupting and damaging effects of momentary (less than 1ms) voltage spikes or impulses from lightning and other transients. If it can be shown that a voltage spike lasting more than 1ms has occurred, the Occurrence will be deemed outside the rated capabilities of the Product and the Warranty is void.
- Damage following any alteration, modification or tampering with the Product.
- Damage when the Product was not installed or used in accordance with the user manual.
- Damage when the product is used contrary to any instructions provided with the Product, or for any unintended or prohibited use.
- Damages from fire, flood, wind, rain, rising water, leakage or breakage of plumbing, abuse, misuse or alteration of either the product or the Connected Equipment.
- CyberPower excludes any liability for personal injury under the Warranty and Connected Equipment Guarantee. CyberPower excludes any liability for direct, indirect, special, incidental or consequential damages, whether for damage to or loss of property [EXCEPT FOR (AND ONLY FOR) the specific limited agreement of CyberPower to provide certain warranty benefits regarding “Connected Equipment” under this Warranty], loss of profits, business interruption, or loss of information or data. NOTE: Some States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you
- The Product is not for use in high-risk activities, with aquariums, salt lamps, water-related products, appliances, space heaters or laser printers. 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 does not authorize use and expressly disclaims any express or implied warranty of fitness for High-Risk Activities, with aquariums, salt lamps, water-related products, appliances, space heaters or laser printers. ANY SUCH USE IS IMPROPER AND IS A MISUSE OF THE PRODUCT.
- 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 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 or Provinces 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 or Province to Province. Additionally, State or Provincial 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 Warranty shall remain in full force and effect.
- This Warranty is governed by and shall be interpreted under the laws of the United States and the State of Minnesota, without reference to conflict of law principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Unless prohibited by law, any action to enforce the terms of this Warranty or for any other claim you may ONE YEAR LIMITED WARRANTY have associated with the product, shall be brought in the State or Federal Court serving Scott County, State of Minnesota, United States of America and the parties expressly consent to jurisdiction in that venue. However, before bringing a claim for a breach of a warranty, a claimant shall pursue a Warranty Claim with CyberPower as set 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. The arbitration 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 a waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided above.
Where Can I Get More Information? The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Cyber Power Systems (USA), Inc. is the warrantor under this Warranty. For further information please feel free to contact Cyber Power Systems (USA), Inc. at Cyber Power Systems (USA), Inc. 4241 12th Ave E., STE 400, Shakopee, MN 55379; call us at (877) 297-6937; or visit our website at cyberpowersystems.com/support. Cyber Power Systems (USA), Inc. encourages environmentally sound methods for disposal and recycling of its UPS products. Please dispose and/or recycle your UPS and batteries in accordance with the local regulations of your state. All rights reserved. Reproduction without permission is prohibited.