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Innovolt End-User Terms & Conditions : Innovolt provides terms and conditions when purchasing its devices, software, or services (T&C’s). The below listed Limited Warranty, Power Protection, and Miscellaneous terms are included for your reference and apply to all purchases after the posting date. To the extent the T&Cs of your purchase order conflict with these terms listed herein, the T&Cs shall control. A Limited Warrant for its power protection devices (“Devices”) and a Protection Promise for properly registered equipment connected to the Devices (“Assets”) to the to its End-Customers through its Distributors, Resellers, and Direct Enterprise Customers. To the extent you do not have or have misplaced your related purchase information, please contact the entity from whom you purchased the Innovolt devices. If you do not have Innovolt terms and conditions for the device purchased from the distributor, reseller, or other entity, the terms and conditions for use and acceptance of the device are found below. By placing your order or using the Device, you accept and are bound to the T&Cs and the terms herein.
1. Limited Warranty.
Innovolt, Inc. (“Innovolt” or “Us”) warrants to the end-user of the Device that such Devices, when used normally in accordance with the published guidelines, are free of defects in design, assembly, material and workmanship, and shall protect against power Occurrences, as defined below, for the Warranty Period (the “Warranty”). For all returned Devices that are not faulty or failing, Purchaser shall reimburse Innovolt for all costs and expenses related to delivery and testing of the alleged faulty or failing device during the Warranty Period. This Warranty is valid for the original purchaser of the Innovolt Devices, or for the end-purchaser of such Device when sold through distribution channels. Innovolt will repair or replace, at its option, any defective Device returned to us free of charge during the Warranty Period. The Warranty Period is one (1) year from shipment of the Device. Additional warranty coverage may be purchased at the time of purchase. An “Occurrence” is defined as one of the five major power grid disturbances - Under-voltage, Over-voltage, Voltage Sag/Current Inrush, Brownout, Voltage Spike/Surge, as demonstrated on the Device – so long as the Device is properly connected to an AC power line with protective ground.
All above warranties are null and void if:
- The end-user does not follow the RMA process as defined in Appendix A;
- Innovolt determines that the device has not been properly shipped or installed, has not been used in accordance with its published specifications, has been altered in any way or has been tampered with or damaged, or
- Innovolt determines that the damage to the device did not result from the Occurrence or that no Occurrence in fact took place.
All Devices must be plugged directly into the power source and must not be "daisy-chained" together in serial fashion with other power strips or other Devices or extension cords. A three-to two-prong adapter may not be used. Any such installation voids the Warranty. The Devices are not for use with aquariums, on any water-related products, and should be used for their intended design, indoors and in dry locations.
2. Protection Promise.
The Protection Promise outline below is only valid if the Asset is pre-registered with the connected Device. You can conveniently register your Device and equipment on-line on our website www.innovolt.com/support. Registration must be done within ninety (90) days of purchase. You must register your Device on www.innovolt.com/support.
In addition to the Warranty on the Devices, INNOVOLT will also repair or replace, at its option, the customer’s end equipment, or part(s), that is pre-registered to the device (“Assets”) which are damaged by an Occurrence while properly connected through a Device to a properly wired AC power line with protective ground. If your Asset is not properly connected to the Device or the MOV- Damaged light is on, and an Occurrence damages your equipment, Innovolt shall not be obligated to repair or replace your Asset. Innovolt’s obligation to repair or replace such damaged Asset, or its damaged parts, is limited to an amount equal to the fair market value of the Asset/ parts or the original purchase price of the Asset, whichever is less, up to the maximum amount of $5,000. The fair market value of the Asset shall be the current value of the asset specified in the most recent edition of the Orion Blue Book by Orion Research Corporation, Roger Rohrs Publisher. If Innovolt determines, in its sole discretion, that it is impractical to ship the damaged Asset to Innovolt, Innovolt may designate, in its sole discretion, an equipment repair facility to inspect and estimate the cost to repair such Asset. The cost, if any, of (i) shipping the Asset to and from such repair facility and (ii) of such repair shall be borne solely by the Innovolt. Damaged Assets must remain available for inspection until the claim is finalized. When claims are settled, INNOVOLT reserves the right to be subrogated under any existing insurance policies the claimant may have.
All above Protection Promise is null and void if:
- The Asset is not registered;
- The end-user does not follow the Protection Promise claim process as defined in Appendix A;
- Innovolt determines that the Device or Asset has not been properly shipped or installed, has not been used in accordance with its published specifications, has been altered in any way or has been tampered with or damaged, or
- Innovolt determines that the damage to the Asset did not result from the Occurrence or that no Occurrence in fact took place.
THIS WARRANTY AND PROTECTION PROMISE IS EXCLUSIVE. NO OTHER WARRANTY OR GUARANTEE OF ANY KIND IS MADE UNLESS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL OTHER WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY, AND INCAPABLE OF EXCLUSION UNDER, APPLICABLE LAW AND SUCH IMPLIED WARRANTIES, IF ANY, ARE LIMITED IN DURATION TO THE TERM OF THIS WARRANTY OR IF A LESSER TERM IS SPECIFIED BY APPLICABLE LAW, THEN IT SHALL BE LIMITED TO THE TERM SPECIFIED BY APPLICABLE LAW. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON WARRANTY TYPES OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY AND PROTECTION PROMISE.
3. Limitation of Liability.
INNOVOLT WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DEVICES PROVIDED HEREUNDER. INNOVOLT SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) INNOVOLT DEVICES NOT BEING AVAILABLE FOR USE. INNOVOLT’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER DURING THE PRIOR 12 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC DEVICE GIVING RISE TO SUCH CLAIM(S) IN ADDITION TO THE PROTECTION PROMISE FOR REGISTERED ASSETS. THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR INNOVOLT’S SALE OF DEVICES, OR SERVICES TO CUSTOMER, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
4. Proprietary Rights/ Data.
All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the devices, including any documentation, shall belong solely and exclusively to Innovolt or the applicable suppliers or licensors, and you shall have no rights whatsoever in any of the above, except as expressly granted in the T&Cs and these terms. You may not reverse engineer, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the devices, software, or services in whole or in part. In connection with device, Innovolt will obtain, receive, or collect data or information from the device, relating to the electrical power to the facility and/or related appliance where the devices are located (collectively, the “Data”). Innovolt will own such Data, and, upon Customer’s written request, will provide to Customer a limited, non-exclusive, royalty-free, license to use and process the Data at its location. In addition, Innovolt may aggregate and use the Data in support of Innovolt’s marketing and sales activities.
Innovolt shall defend and indemnify you against any third-party claim or action that the Devices or Software delivered pursuant to this Agreement infringe or misappropriate that third party’s U.S. patent, copyright, trade secret, or other intellectual property rights (“Indemnified Claims”). In addition, if Innovolt receives prompt notice of an Indemnified Claim that, in Innovolt’s reasonable opinion, is likely to result in an adverse ruling, then Innovolt shall at its option, (1) obtain a right for you to continue using such Devices or Software; (2) modify such Devices or Software to make them non-infringing; (3) replace such Devices or Software with a non-infringing equivalent; or (4) or provide a reasonable depreciated or pro rata refund for the allegedly infringing Device or Software. Notwithstanding the foregoing, Innovolt shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Devices or Software that were not performed by or on behalf of Innovolt; (2) the combination, operation, or use of the Devices or Software in connection with a third-party device, software, or service (the combination of which causes the claimed infringement); or (3) Innovolt’s compliance with your written specifications or directions, including the incorporation of any materials or processes provided by or requested by you. Innovolt’s duty to indemnify and defend under this Section is contingent upon: (x) Innovolt receiving prompt written notice of the third-party claim or action for which Innovolt must indemnify Customer, (y) Innovolt having the right to solely control the defense and resolution of such claim or action, and (z) your cooperation with Innovolt in defending and resolving such claim or action. This Section states Customer’s exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Innovolt to provide any greater indemnity to Customer. ALL OTHER INDEMNITIES ARE DISCLAIMED. You shall defend and indemnify Innovolt against any third-party claim or action arising out of your breach of Innovolt’s proprietary rights as stated in this Agreement. Each party shall defend and indemnify the other party against any third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under this Agreement.
6. U.S. Government Restricted Rights.
The documentation provided with the Devices and Software are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end-users acquire the documentation with only those rights set forth herein.
7. Governing Law/ Venue.
This Agreement and any claim, dispute, or controversy (whether in contract, tort, or otherwise, including statutory, consumer protection, common law, tort, and equitable claims) between customer and Innovolt, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Innovolt's advertising, or any related purchase (a “Dispute”) shall be governed by the laws of the State of Georgia, without regard to conflicts of law. The parties agree that the UN Convention for the International Sale of Goods will have no force or effect on this Agreement.The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Fulton County, Georgia. Customer and Innovolt agree to submit to the personal jurisdiction of the state and federal courts located within Fulton County, Georgia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute.
8. Limitation Period.
INNOVOLT Shall be liable for any claim brought more than One year after the cause of action for such claim first arose.
This Agreement is the entire agreement between you and Innovolt with respect to its subject matter and, with the exception of any non-disclosure agreement or T&Cs previously negotiated, supersedes all prior oral and written understandings, communications, or agreements between you and Innovolt. The parties are independent parties without any employee relationship. No provision of this Agreement will or shall be deemed to create an association, trust, partnership, joint venture or other entity or similar legal relationship between Innovolt, Reseller and Customer, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to such entities. No party will have any rights, power, or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. Innovolt has the right to assign, subcontract, or delegate in whole or in part this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise. Customer may not assign this Agreement without the permission of the other. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives of both parties. If any provision of this Agreement should be found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and will not be terminated.Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, embargo, strike, riot, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party’s time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, this Agreement or the applicable Service Agreement by giving written notice to the delayed party. Any contravention or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with American Arbitration Association in Atlanta, Georgia. The Parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each Party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award. Notice to Innovolt under this Agreement or any related Service Agreement must be in writing and sent by postage prepaid first-class mail or receipted courier service to the address below or to such other address (including facsimile or e-mail) as specified in writing, and will be effective upon receipt. Innovolt, Inc., Attn: General Counsel; 14 Piedmont Center, Suite 1205, 3535 Piedmont Road, NE, Atlanta, GA 30305