POWER EFFICIENCY STANDARD LIMITED WARRANTY
Congratulations on your purchase of a Power Efficiency KiloWatt Master product from XZERES Corp. (“XZERES” or “the Company”). You are entitled to the protection offered by our Limited Warranty on the following terms:
WARRANTY PERIOD. The Company warrants its Power Efficiency products (the “Product”) to be free of defects in materials and workmanship under normal use and service for five (5) years. This Limited Warranty term begins on the date of shipment of the Product from the Company’s manufacturing facility. All replacements Products which are furnished under this Limited Warranty and properly installed shall be warranted to the same extent as the original Product under this Limited Warranty if, and only if, the original Product was found to be defective within the original warranty period covering the original Product. Replacement Products are warranted for the remainder of the original warranty period.
WHAT THE WARRANTY COVERS. Subject to the terms and limitations of this Limited Warranty, this warranty covers any new Product found to be defective within the applicable warranty period. The Company reserves the right to examine the alleged defective Product to determine whether this Limited Warranty is applicable, and final determination of warranty coverage lies solely with the Company.
HOW TO OBTAIN WARRANTY SERVICE: Service and repair of Product are to be performed only by the Company. To obtain warranty service, return the Product to the Company, postage prepaid, to the address shown below. Unauthorized service, repair, or modification of the Product will void this Limited Warranty. The Company reserves the right to change or improve the material and design of the equipment at any time without notice to purchaser and is not obligated to make the same improvements during warranty service to equipment previously manufactured.
WHAT THE WARRANTY DOES NOT COVER. This Limited Warranty does not cover, and the Company shall not be responsible for the following, or damage caused by the following: (1) used equipment; (2) any equipment that has been altered or modified in any way; (3) depreciation or damage caused by lack of proper protection during storage, improper installation, normal wear and tear, failure to follow operating instructions, dropping, mishandling, or misuse, (4) natural disasters, acts of God, fire, lightning strike, flooding, earthquake, abnormal voltage surges, or any other force majeure event; (5) damage to equipment caused by any attempt to repair, replace, open, take apart, or service the equipment by persons other than Company employees; (6) damage sustained during unloading, shipment, or transit from the “Ship To/Destination” location shown on the XZERES Sales Order or during installation; (7) damage caused by excessive humidity, vibrations, or corrosion, (8) failure to perform recommended periodic maintenance procedures, if listed in the Owner's Manual accompanying your Product.
CUSTOMER RISK. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE TO BE USED IN CONNECTION WITH ELECTRICAL SYSTEMS WHICH POSE INHERENT RISKS AND DANGERS. THE PRODUCTS SHOULD NOT BE USED WITH EXCESSIVE ELECTRICAL LOADS FOR WHICH THEY ARE NOT RATED. CUSTOM-DESIGNED PRODUCT CONFIGURATIONS MAY BE USED ONLY FOR THE INTENDED PURPOSE, ELECTRICAL LOADS, AND SPECIFICATIONS FOR WHICH THEY WERE DESIGNED. DEFECTIVE PRODUCTS MUST BE RETURNED TO XZERES, AND REPAIR SHOULD NOT BE ATTEMPTED BY ANY THIRD PARTY. XZERES SPECIFICALLY DISCLAIMS RESPONSIBILITY OR LIABILITY FOR, AND CUSTOMER ASSUMES THE RISK OF, ANY INJURY OR DAMAGE ARISING FROM CUSTOMER’S TAMPERING WITH, ATTEMPT TO REPAIR, OR UNAUTHORIZED USE OF THE PRODUCT, OR THE INSTALLATION OF THE PRODUCT BY ANYONE OTHER THAN A LICENSED ELECTRICIAN.
DISCLAIMER OF SPECIFIC RESULTS. THE COMPANY ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH CUSTOMER MAY PURCHASE IT. FOR COMMERCIAL CUSTOMERS, THE COMPANY DOES NOT GUARANTEE THAT USE OF THE PRODUCT WILL RESULT IN ANY SPECIFIC AMOUNT OF REDUCED ELECTRICITY COSTS. FOR RESIDENTIAL CUSTOMERS, USE OF THE PRODUCT MAY NOT RESULT IN ANY REDUCED ELECTRICITY COSTS. KILOWATT MASTER PRODUCTS CAN HELP TO REDUCE THE COST OF ELECTRICITY ONLY AT A SITE WITH LOW POWER FACTOR AND WHERE THE UTILITY CHARGES A PENALTY FOR LOW POWER FACTOR.
REQUIRED WARRANTY PROCEDURES. To be eligible for warranty service, you must (1) within thirty (30) days after receipt of your Product, complete and electronically submit on line a Warranty Information Form (or have your authorized dealer or licensed installer electronically submit for you) at www.xzeres.com, a sample of which is attached to this Limited Warranty, (2) return the Product to the Company, postage prepaid, within the warranty period specified in this Limited Warranty, and (3) When a replacement Product is shipped, the Company will pay for ground freight only – you will be charged the difference between ground freight and any expedited freight requested by you.
DISCLAIMER OF IMPLIED WARRANTIES AND OTHER REMEDIES. EXCEPT AS EXPRESSLY STATED HEREIN (AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW), XZERES HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES, REPRESENTATIONS, OR PROMISES AS TO THE QUALITY, PERFORMANCE, OR FREEDOM FROM DEFECT OF THE EQUIPMENT COVERED BY THIS WARRANTY. XZERES FURTHER DISCLAIMS ALL IMPLIED INDEMNITIES.
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, XZERES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DIMINUTION OF VALUE, WORK STOPPAGE, INTERRUPTION OF BUSINESS, RENTAL OF SUBSTITUTE EQUIPMENT, OR OTHER COMMERCIAL LOSS), WITH RESPECT TO THE COVERED PRODUCTS, OR OTHERWISE IN CONNECTION WITH THIS LIMITED WARRANTY, REGARDLESS OF WHETHER XZERES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS UNDERSTOOD AND AGREED THAT XZERES’ LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER FOR THE XWC PRODUCTS. XZERES’ MAXIMUM LIABILITY SHALL NOT EXCEED, AND PURCHASER’S REMEDY IS LIMITED TO EITHER (I) REPAIR OR REPLACEMENT OF THE DEFECTIVE WORKMANSHIP OR MATERIAL OR, AT XZERES’ OPTION, (II) REFUND OF THE PURCHASE PRICE, AND SUCH REMEDIES SHALL BE PURCHASER’S ENTIRE AND EXCLUSIVE REMEDY.
YOU, THE PURCHASER, UNDERSTAND AND EXPRESSLY AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE PART OF THE CONSIDERATION IN THE PRICE OF THE XZERES PRODUCTS YOU PURCHASED.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
9025 SW HILLMAN COURT, SUITE 3126
WILSONVILLE, OR 97070
Ph: (503) 388-7350 Fax: (503) 212-0109