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MCG SURGE PROTECTION
Warranty and Limitation of Liability
Effective March, 2007
MCG Electronics, Inc. dba MCG Surge Protection (The
“Company”), Deer Park, New York, warrants to the buyer of equipment
manufactured and sold by the Company that such equipment will be free from
defects in material and workmanship under
normal use and service for a period of twenty (20) years from date of shipment
from the Company’s factory or warehouse of
the Company.
In addition, above and beyond the MCG 20-Year warranty, the Company offers free
lifetime replacement of protection
modules and fuses for all applicable AC Power Line Protectors.
THE COMPANY’S OBLIGATION UNDER THIS WARRANTY SHALL BE STRICTLY AND EXCLUSIVELY
LIMITED
TO REPAIRING OR REPLACING, AT THE FACTORY OR A SERVICE CENTER OF THE COMPANY,
ANY
SUCH EQUIPMENT OR PARTS THEREOF WHICH AN AUTHORIZED REPRESENTATIVE OF THE
COMPANY
FINDS TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP UNDER NORMAL USE AND SERVICE
WITHIN SUCH PERIOD OF TWENTY YEARS. THE COMPANY RESERVES THE RIGHT TO SATISFY
SUCH
OBLIGATION IN FULL BY REFUNDING THE PURCHASE PRICE FOR ANY SUCH DEFECTIVE
EQUIPMENT.
THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO, INCIDENTAL
OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR
PROPERTY,
OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO HIM.
This warranty does not apply to any equipment that has been tampered with or
altered with in any way, which has been damaged as a result of misapplication or
improper installation or which has been subject to misuse, neglect or accident.
THE FOREGOING WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OF FITNESS FOR A
PARTICULAR
PURPOSE, and or any other obligations or liabilities on the part of the Company,
and no other person is authorized
to assume for the Company any other liability with respect to equipment sold by
the Company. The Company shall have no
liability with respect to equipment not of its manufacture.
Written authorization and/or Material Return Authorization (MRA#) to return any
equipment or parts must be obtained from the
Company. The Company shall not be responsible for any transportation charges.
IF FOR ANY REASON ANY OF THE FOREGOING PROVISIONS SHALL BE INEFFECTIVE, THE
COMPANY’S
LIABILITY FOR DAMAGES ARISING OUT OF ITS MANUFACTURE OR SALES OF EQUIPMENT, OR
USE
THEREOF, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE,
STRICT
LIABILITY IN TORT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FULL PURCHASE
PRICE
OF SUCH EQUIPMENT.
Any action against the Company based on liability or obligation arising
hereunder or under any law applicable to the Company’s
sale of equipment, or use thereof, must be commenced within one year after the
cause of such action rises.
Warranty is void if a unit is returned to the Company with an
application-related defect (ex: 120V unit is powered up at
480V.)
In the event that a unit
is destroyed and the Company determines that the buyer is at fault, the buyer
will have the option of
1.) Purchasing an appropriate replacement unit and a new warranty will be in
effect or 2.) The Company will repair or replace
but the warranty will be void.
Return Policy for New, Unused Equipment:
If a unit is returned, unused, in its original box within 30 days of sale, MCG
will refund the purchase price less a 25% restocking
charge. The unit must be delivered back to the factory, freight paid, in new
condition. Within 90 days of purchase, applying
the same conditions, MCG will issue credit for the purchase price, less a 50%
restocking charge. No returns will be accepted 3
months after the date of receipt of any MCG product.
This warranty is not
transferable. |