WARRANTYEaton 9140 UPS (7.5–10 kVA) User's Guide 164201622 Rev 3 www.eaton.com/powerquality102WHAT THIS LIMITED WARRANTY DOES NOT COVER: This Warranty does not cover any defects or damagescaused by: (a) failure to properly store the Product before installation, including the charge of batteries no later thanthe date indicated on the packaging; (b) shipping and delivery of the Product if shipping is FOB Factory; (c) neglect,accident, abuse, misuse, misapplication, or incorrect installation; (d) repair or alteration not authorized in writing byCompany personnel or performed by an authorized Company Customer Service Engineer or Agent; (e) impropertesting, operation, maintenance, adjustment, or modification of any kind not authorized in writing by Companypersonnel or performed by an authorized Company Customer Service Engineer or Agent; or (f) use of the Productunder other than normal operating conditions or in a manner inconsistent with the Product's labels or instructions.This Warranty is not valid if the Product's serial numbers have been removed or are illegible. Any Warranted Itemsrepaired or replaced pursuant to this Warranty will be warranted for the remaining portion of the original Warrantysubject to all the terms thereof.Company shall not be responsible for any charges for testing, checking, removal, or installation of Warranted Items.COMPANY DOES NOT WARRANT EQUIPMENT NOT MANUFACTURED BY COMPANY. IF PERMITTED BY THEAPPLICABLE MANUFACTURER, COMPANY SHALL PASS THROUGH SUCH MANUFACTURER'S WARRANTIES TOEND-USER.COMPANY DOES NOT WARRANT SOFTWARE, INCLUDING SOFTWARE EMBEDDED IN PRODUCTS, THAT IS NOTCREATED BY COMPANY. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DOES NOT WARRANTSOFTWARE (SUCH AS LINUX) THAT WAS CREATED USING AN “OPEN SOURCE” MODEL OR IS DISTRIBUTEDPURSUANT TO AN OPEN SOURCE LICENSE.THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY COMPANY WITH RESPECT TO THEPRODUCTS AND SERVICES AND, EXCEPT FOR SUCH FOREGOING WARRANTY COMPANY DISCLAIMS ALL OTHERWARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON-CONFORMITIES INTHE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE COMPANY'S SOLELIABILITY AND END-USER'S EXCLUSIVE REMEDY FOR FAILURE OF COMPANY TO MEET ITS WARRANTYOBLIGATIONS, WHETHER CLAIMS OF THE END-USER ARE BASED IN CONTRACT, IN TORT (INCLUDINGNEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.LIMITATION OF LIABILITY: The remedies of the End-User set forth herein are exclusive and are the sole remediesfor any failure of Company to comply with its obligations hereunder. In no event shall Company be liable in contract,in tort (including negligence or strict liability) or otherwise for damage to property or equipment other than theProducts, including loss of profits or revenue, loss of use of Products, loss of data, cost of capital, claims ofcustomers of the End-User or any special, indirect, incidental, or consequential damages whatsoever. The totalcumulative liability of Company hereunder whether the claims are based in contract (including indemnity), in tort(including negligence or strict liability) or otherwise, shall not exceed the price of the Product on which such liabilityis based.Company shall not be responsible for failure to provide service or parts due to causes beyond Company'sreasonable control.END-USER'S OBLIGATIONS: In order to receive the benefits of this Warranty, the End-User must use the Productin a normal way; follow the Product's user's guide; and protect against further damage to the Product if there is acovered defect.OTHER LIMITATIONS: Company's obligations under this Warranty are expressly conditioned upon receipt byCompany of all payments due to it (including interest charges, if any). During such time as Company has notreceived payment of any amount due to it for the Product, in accordance with the contract terms under which theProduct is sold, Company shall have no obligation under this Warranty. Also during such time, the period of thisWarranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of anyoverdue or unpaid amounts.