Warranty
V1.00, August 30, 2004
vii
All new products sold to customers are warranted against defects in design, materials, and workmanship for
the life of their use to the original end user. If it is determined that the new product defect is covered under
this warranty, Advanced Power Technologies, LLC (the “Company”) will repair, replace, or substitute an
identical unit at its own discretion to the customer at no charge. The Company requires the customer to ship
the unit back to the factory for diagnosis under all circumstances. In such event, the Company may, at its
own discretion, decide to provide the customer with a substitute unit which may be sent to the customer
either from the Company’s factory or from an authorized representative or distributor from their inventory. All
expenses related to the shipment of defective units back to the Company or the provision of a substitute unit
to the customer are the responsibility of the customer. This expense may include, but is not limited to,
freight, insurance, Customs clearance, and duties. All expenses related to the shipment of repaired units
back to customers (or the provision of a new unit to the customer) will be borne by the Company.
Product Upgrade Policy
From time to time, the Company makes product upgrades to add or enhance the performance of the
products. Customers of a particular product being issued an upgrade will be notified either by the Company
directly or through its authorized representatives or distributors. Customers who have purchased an annual
upgrade policy will receive all upgrades during the calendar year free of charge. Customers who did not
purchase the annual upgrade policy may purchase each unit upgrade individually. The annual upgrade
policy can be purchased at any time. Regardless of whether the upgrade policy is purchased, the Company
will make reasonable efforts to notify all customers of all available upgrades.
Equipment Repair and Warranty
Repair costs of products not covered under this warranty are paid for by customers. Customers are
responsible for the cost of shipping the products to the Company located at: 240 Dr. MLK Jr. Blvd., Newark,
NJ 07102, USA. All products repaired by the Company will continue to be warranted against defects in
material and workmanship for its installed life at the original end user.
Limitations
The Company's warranty does not extend to (A) The Company's products subject to (i) improper installation,
connection, operation, maintenance, or storage; (ii) accident, damage, abuse, or misuse; (iii) abnormal or
unusual operating conditions or applications outside the specifications for the product; (iv) a purpose or
application in any way different from that for which the products were designed; (v) repairs conducted by
persons other than the Company employees or an authorized representative or distributor; or (vi)
modifications made to the product by the customer or end user, (B) Equipment and products not
manufactured by the Company. Such equipment and products may be covered by a warranty issued by the
respective manufacturer. This warranty is in lieu of any other warranties, express or implied, including
without limitation, any warranty of merchantability or fitness for a particular purpose, and is in lieu of any and
all other obligations or liability of the Company. Under no circumstances shall the Company be liable for any
accidental or consequential damages or for any other loss, injury, damage, or expense of any kind including
loss of profits arising hereunder. To the extent any court, arbitration panel, or other governmental body of
competent jurisdiction shall declare any provision of this warranty invalid or unenforceable by reason of a
rule of law or public policy, all the other provisions hereof shall remain in full force and effect.
