P
OWER
C
ONTROL
G
UARANTEE
If you are the Initial Purchaser and the Product is still covered by the Limited Warranty, the Power Control Guarantee provides protection for
damage to certain equipment connected to the Product (“Connected Equipment”), subject to certain terms and limitations.
The Power Control Guarantee is not “first dollar” coverage. CyberPower’s obligation is reduced by any amounts that 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, including but not limited to a claim under any applicable insurance,
other warranty, or extended warranty.
The Power Control Guarantee is separate from the Limited Warranty, but they are related. The Limited Warranty does not cover Connected
Equipment, but as is explained below, to be covered under the Power Control Guarantee, the Connected Equipment must have been
damaged due to a failure of the Product that is covered by the Limited Warranty. The Connected Equipment must have been damaged due to
a defect in materials or workmanship of the Product and the Product must still be covered by the Limited Warranty and the Initial Customer
has made a valid claim for the Product under the Limited Warranty.
In the event of damage to the Connected Equipment, your exclusive remedy, and CyberPower’s sole obligations, are as follows for Connected
Equipment. If (a) the Product purchased and owned by you is defective in material or workmanship under the Limited Warranty or any
applicable Implied Warranty; (b) the Limited Warranty requirements have been met, and; (c) none of the limitations or exclusions on warranty
coverage apply, CyberPower will (as CyberPower elects, as permitted by law), repair, replace, or pay the
Agreed Damage Amount
(defined
below) for, the item(s) of your electronic equipment directly and properly connected to the product (the “Connected Equipment”) if that
Connected Equipment is (x) damaged by AC power line transients, spikes, or surges on properly installed, grounded, and code-compliant 120
volt power lines in the United States and Canada, or by transients, surges or spikes on standard telephone equipment lines, or Base 10/100T
Ethernet lines that are properly installed and connected (a “Power Disturbance”) and (y) is directly plugged into and properly connected to a
CyberPower
Product in its original condition which is properly operated when a Power Disturbance passes through the CyberPower Product and (y.1)
exhausts the protection capacity of the CyberPower Product or (y.2) damages the CyberPower Product. This provision sets out the only
liability of any character of CyberPower for direct, indirect, special, consequential, and/or incidental damages under our Limited Warranty,
applies only to Connected Equipment, and all such Liability is limited to the Agreed Damage Amount.
To make a Warranty claim for damage to Connected Equipment under the Power Control Guarantee, you must do the following:
1.
Complete and return the CyberPower Warranty Registration Card or provide reasonable proof (for example, a sales receipt)
that establishes you as the Initial Customer (the original consumer purchaser of the Product) within ten (10) days of the event
for which you want to make a claim for warranty service.
2.
Call CyberPower at (952)-403-9500 or 877-297-6937 (toll-free), or write to CyberPower at 5555 12
th
Avenue East, Suite 110,
Shakopee, MN 55379, or E-Mail CyberPower at tech@cyberpowersystems.com, within ten (10) days of the event for which
you want to make a claim for warranty service.
3.
When you call, write or E-Mail, identify the Product, the Purchase Date and the item(s) of Connected Equipment. Have
information on all applicable insurance or other resources of recovery/payment that are available to the Initial Customer for
the Connected Equipment and the name of the power utility supplier for the location of the Connected Equipment and request
Return Material Authorization information from CyberPower.
4.
Pack and ship the Product to CyberPower and, if requested by CyberPower the item(s) of Connected Equipment, a repair
cost estimate for the damage to the Connected Equipment and/or a written statement of how the damage occurred, as
instructed in your Return Material Authorization. Show the Return Material Authorization code on the shipping label or include
it with the Product.
Initial Customer shall prepay all shipping costs and is responsible for packaging and shipment.
CyberPower will inspect and examine the Product and the item(s) of Connected Equipment (or at CyberPower’s election, your written
statement and repair cost estimate for those item(s)). You must return the product for inspection.
If the Product is warranted under the Limited Warranty and the damage to Connected Equipment is covered by the Power Control
Guarantee, CyberPower will (in addition to Limited Warranty remedies for the CyberPower Product itself) repair (or pay the costs of
repair) or replace the Connected Equipment or, at the option of CyberPower, as permitted by law, pay to the Initial Customer the
“Agreed Damage Amount” (up to the aggregate limits stated below) for all item(s) of Initial Customer’s Connected Equipment. The
“Agreed Damage Amount” for all items of Initial Customer’s Connected Equipment shall be the lesser of the amount determined
under Clause (1) or (2) below, reduced by any amounts described in Clause (3) below:
1.
The fair market value of the Connected Equipment as established by the lower of (a) the price list of Orion Bluebook (or if
such price list is no longer published, a published or announced price list reasonably selected by CyberPower), or (b) the
lowest price the Connected Equipment can be purchased for in the United States; or
2.
The aggregate ceiling amount for all Connected Equipment as set forth below, minus:
3.
The amount(s) of all payment(s) you have or are entitled to receive from insurance, other warranties, extended warranties, or
from other sources or persons for the Connected Equipment or damage to such equipment so that CyberPower’s maximum
liability shall be reduced to reflect all such other payments or sources of recovery: CyberPower CPS825AVR-$200,000.00
4.
If CyberPower replaces the Connected Equipment or pays to the Initial Customer the Agreed Damage Amount, the Initial
Customer shall transfer such item(s) to CyberPower without warranty by the Initial Customer, but free of lien or other interest.
