tection provided in this Section, all of the following conditions must be satisfied with respect to the
use of the Product: (a) the Product must be properly installed; (b) all building wiring and other connections to the Product and the Damaged Equipment must conform to all applicable federal, state
and local electrical codes; (c) no ground wires or ground connections in addition to the AC power
source can be used in connection with the Product or the Damaged Equipment; (d) Equipment
with additional wiring or data/cable connections (as defined above) must be properly connected to a
UL listed Surge Protection Device (as noted above); and (e) the Product(s) and Protected
Equipment must not be opened, modified, exposed to extreme heat or cold, submerged or subjected to abnormal use or service.
For purposes of this Limited Warranty, a Power Transient shall mean over-voltage resulting from
momentary voltage spikes or surges on an AC power line of magnitude that the Product, according
to its specifications, is designed to stop before such spikes or surges affect downstream equipment.
(2) What Is Not Covered By This W
arranty
Intermatic does not warrant (a) defects in the Product or damage to any equipment caused by the
failure to properly install the Product, (b) damage caused by use of the Product for purposes other
than those for which it was designed, (c) damage caused by disaster such as fire, flood and wind,
(d) damage caused by unauthorized attachments or modification of the Product, (e) damage to the
Product occurring during shipment, (f) electrical disturbances exceeding published product specifications, (g) damage to the Product caused by any other abuse or misuse by the purchaser.
This warranty applies to residential use of Intermatic IG1300 Series and excludes any commercial
applications. This device is not intended to provide protection during Utility voltage swells or loss of
neutral conditions which are by definition not transient events and are not covered by this warranty .
(3) Disclaimer of W
arranty
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESSED WARRANTIES. TO THE EXTENT ALLOWED BY LA W, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURA TION
TO THE DURATION OF THIS LIMITED WARRANTY.
(4) Limitation of Remedies
IN NO CASE SHALL INTERMA TIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGE TO SOFTWARE, LOSS OF
DA TA, LOSS OF PROFITS, LOSS OF SA VINGS OR REVENUE, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIA TED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD
P ARTIES INCLUDING CUST OMERS, DAMAGE TO PROPERTY AND PERSONAL INJURY .
SOME ST ATES DO NOT ALLOW LIMITS ON WARRANTIES OR ON REMEDIES FOR
BREACH IN CERT AIN TRANSACTIONS. IN SUCH STA TES, THE LIMITS IN THIS PARAGRAPH AND IN P ARAGRAPH (3) MAY NOT APPLY .
(5) T
ime Limit for Bringing Suit
No action arising out of any claimed breach of warranty may be brought more than one year after
the cause of action has occurred.
(6) No Other W
arranties
Unless modified in writing signed by both parties, this agreement is understood to be the complete
and exclusive agreement between the parties, superseding all prior agreements, oral or written,
and all other communications between the parties relating to the subject matter of this agreement.
No employee of Intermatic or any other party is authorized to make any warranty in addition to
those made in this agreement.
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