The warranty terms as set out below are applicable to products only where Critical Power Supplies Limited have specifically supplied a 3 year warranty against the UPS, STS or PDU. Critical Power Supplies Limited’s standard warranty applies, as per Critical Power Supplies Limited’s standard terms and conditions of sale, to all other products.
Note the 3year warranty does not apply to trade or export sales or battery sales.
1.1 Critical Power Supplies warrants that upon delivery and for a period of 36 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
1.2 Critical Power Supplies shall not be liable for a breach of the warranty in clause 1.1 unless:
(a) the Customer gives written notice of the defect to Critical Power Supplies, and , if the effect is as a result of damage in transit to the carrier, within 7 days of the time when the customer discovers or ought to have discovered the defect; and
(b) Critical Power Supplies is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by Critical Power Supplies) returns such Goods to Critical Power Supplies’s place of business at Critical Power Supplies’s cost for the examination to take place there.
1.3 Critical Power Supplies shall not be liable for the breach of warranty in clause 1.1 if:
(a) the Customer makes and further use of such Goods after giving such notice; or
(b) the defect arises because the Customer has failed to follow Critical Power Supplies’s oral or written instructions as to the storage installation, commissioning use or maintenance of the Goods or (if there are none) goods trade practice; or
© the Customer alters or repairs such Goods without the written consent of Critical Power Supplies.
1.4 In the case of batteries, the Customer must establish to Critical Power
Supplies’s satisfaction that:
(a) the batteries are handled, stored and installed within Critical Power Supplies’s oral and written instructions.
(b) the batteries are operated in conjunction with a full float; voltage regulated charger and otherwise installed, used and maintained in accordance with Critical Power Supplies’s oral or written instructions.
© the average yearly ambient temperature in the area of use in any year is established to not exceed 20 Degrees Celsius. The Customer shall maintain complete records regarding the temperature and conditions of use and the maintenance performed and shall permit examination of the records by Critical Power Supplies.
(d) the Customer shall also promptly report any alleged defects in writing to Critical Power Supplies and permit examination of the battery by a Critical Power Supplies representative
1.5 Subject to the clause of 1.2, 1.3 and clause 1.4, and, in the case of batteries (as set out in clause 1.4), provided that the customer has submitted to Critical Power Supplies a written annual report including commissioning details and listing battery and individual monobloc voltages and ambient room temperatures all recorded at three monthly intervals, if any Goods do not conform to the warranty in clause 1.1:
Critical Power Supplies shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if Critical Power Supplies so requests, the Customer shall, at Critical Power Supplies‘s expense, return the Good of the part of such which is defective to Critical Power Supplies.
1.6 If Critical Power Supplies complies with clause 1.4 it shall have not further liability for a breach of the warranty in the clause 1.1 in respect of
1.7 Any Goods replaced shall belong to Critical Power Supplies and any repaired replacement Goods shall be guaranteed on these terms for the unexpired portion of the 36 month period.
1.8 Returned material will not be acceptable without a Return Material Authorisation form issue by Critical Power Supplies in writing. The Customer is responsible for returning all material and for secure packaging for returned materials to provide best possible assurance against the damage in shipment.
1.8.1 Batteries must not be returned without special instructions for handling and shipping.
1.9 Supplementary to the terms and conditions as set out herein, Critical Power Supplies Limited’s standard terms and conditions of sale apply, and where any conflict may arise between the terms as provided for herin and those of Critical Power Supplies Limited’s standard terms and condition of sale, then the relevant terms and conditions of this 3 year warranty will take precedent.
Posted by Cliff Cheetham