Accell D080B-008K Folheto
ACCELL’S $100,000 5-YEAR CONNECTED PRODUCTS LIMITED WARRANTY
DEFINITIONS
“Adequate Use” means use of the Product and Connected Equipment (i) within a home or dwelling, (ii) for private, not commercial,
purposes, (iii) in conformance with all applicable local, state or federal law, code or regulations (including without limitation building and/or
electrical codes), (iv) in accordance with manufacturer recommendations and/or instructions that accompany the ProPower 100 and any
Connected Equipment, (v) with proper electrical grounding, (vi) with proper and direct connection between the Product and an AC power
source that has protective grounding (excluding gas or diesel powered generators), (vii) with cable or telephone lines to any Connected
Equipment properly connected to the Product, and (viii) without an additional connection to an extension cord, surge suppressor, power strip
or other equipment.
“Authorized Dealer” means any distributor, reseller or retailer that (i) was duly authorized to do business in the jurisdiction where it sold
the Product to You, (ii) was permitted to sell You the Product under the laws of the jurisdiction where You bought the Product, and (iii) sold
You the Product new and in its original packaging.
“Connected Equipment” means any device that is (i) generally suited to be used with the
Product or products of the same kind, (ii) meets the requirements of all applicable laws and safety standards, (iii) contains only parts
manufactured, sold or recommended by the original manufacturer of the Connected Equipment, and (iv) has not been altered, tampered with
or modified by any person other than its manufacturer or service personnel authorized or recommended by the manufacturer of the
Connected Equipment.
“Connected Equipment Damage” means physical damage caused to Connected Equipment due to a Product Defect (i) by a transient AC
power, cable, telephone, or lightning surge while connected to a properly installed Product, (ii) not by a defect or unrelated damaging of the
Connected Equipment or a surge/spike or lightning strike through a source, medium or connection other than through the Product, and (iii)
does not extend to loss of data or consequential, indirect or special damages resulting from the Connected Equipment Damage.
“Fair Market Value” (“FMV”) means the fair market value of the Connected Equipment at the time Connected
Equipment Damage occurs.
“Formal Warranty Claim” means a claim made in accordance with the section “Formal Warranty Claims” herein.
“Maximum Coverage Amount” means the maximum amount that Accell will pay to You under this Limited Warranty for Connected
Equipment Damages and is defined in relation to each Product in the Specifications Table below.
“Product” means a Product (i) that is listed in the Specifications Table below, (ii) that You bought from an Authorized Dealer new and in its
original packaging, and (iii) whose serial number, if any, has not been removed, altered, or defaced.
“Product Defect” means a defect, malfunction, non-conformance to this Limited Warranty or other inadequacy of the Product that existed at
the time when You received the Product from an Authorized Dealer and that causes a failure of the Product to perform in accordance with
Accell’s documentation accompanying the Product, unless such failure has been caused completely or partly by (a) any use other than
Adequate Use, (b) transportation, neglect, misuse or abuse by anyone other than Accell’s employees; (c) alteration, tampering or
modification of the product by anyone other than an Accell employee; (d) accident (other than a malfunction that would otherwise qualify as a
Product Defect); (e) maintenance or service of the Product by anyone other than an Accell employee; (f) exposure of the Product to heat,
bright light, sun, liquids, sand or other contaminants; or (g) acts outside the control of Accell, including without limitation acts of God, fire,
storms (excluding lightning surges), earthquake or flood.
“Warranty Period” means the time period during which Accell must have received Your Formal Warranty Claim. The different Warranty
Periods related to Product Defects and Connected Equipment Damage are defined in the Specifications Table below. The Warranty Period
commences on the date when You purchased or received (whichever occurs later) the Product from an Authorized Dealer as evidenced by the
Authorized Dealer’s invoice, sales receipt or packing slip. The Warranty Period ends after the time defined in the Specifications Table has
expired, or after You have transferred ownership of the Product, whichever occurs earlier. Also, You must call Accell and obtain a Return
Authorization Number (as described under “How to Make a Claim”) within two (2) months after You discover a Product Defect (or should have
discovered it, if such Product Defect was obvious).
manufactured, sold or recommended by the original manufacturer of the Connected Equipment, and (iv) has not been altered, tampered with
or modified by any person other than its manufacturer or service personnel authorized or recommended by the manufacturer of the
Connected Equipment.
“Connected Equipment Damage” means physical damage caused to Connected Equipment due to a Product Defect (i) by a transient AC
power, cable, telephone, or lightning surge while connected to a properly installed Product, (ii) not by a defect or unrelated damaging of the
Connected Equipment or a surge/spike or lightning strike through a source, medium or connection other than through the Product, and (iii)
does not extend to loss of data or consequential, indirect or special damages resulting from the Connected Equipment Damage.
“Fair Market Value” (“FMV”) means the fair market value of the Connected Equipment at the time Connected
Equipment Damage occurs.
“Formal Warranty Claim” means a claim made in accordance with the section “Formal Warranty Claims” herein.
“Maximum Coverage Amount” means the maximum amount that Accell will pay to You under this Limited Warranty for Connected
Equipment Damages and is defined in relation to each Product in the Specifications Table below.
“Product” means a Product (i) that is listed in the Specifications Table below, (ii) that You bought from an Authorized Dealer new and in its
original packaging, and (iii) whose serial number, if any, has not been removed, altered, or defaced.
“Product Defect” means a defect, malfunction, non-conformance to this Limited Warranty or other inadequacy of the Product that existed at
the time when You received the Product from an Authorized Dealer and that causes a failure of the Product to perform in accordance with
Accell’s documentation accompanying the Product, unless such failure has been caused completely or partly by (a) any use other than
Adequate Use, (b) transportation, neglect, misuse or abuse by anyone other than Accell’s employees; (c) alteration, tampering or
modification of the product by anyone other than an Accell employee; (d) accident (other than a malfunction that would otherwise qualify as a
Product Defect); (e) maintenance or service of the Product by anyone other than an Accell employee; (f) exposure of the Product to heat,
bright light, sun, liquids, sand or other contaminants; or (g) acts outside the control of Accell, including without limitation acts of God, fire,
storms (excluding lightning surges), earthquake or flood.
“Warranty Period” means the time period during which Accell must have received Your Formal Warranty Claim. The different Warranty
Periods related to Product Defects and Connected Equipment Damage are defined in the Specifications Table below. The Warranty Period
commences on the date when You purchased or received (whichever occurs later) the Product from an Authorized Dealer as evidenced by the
Authorized Dealer’s invoice, sales receipt or packing slip. The Warranty Period ends after the time defined in the Specifications Table has
expired, or after You have transferred ownership of the Product, whichever occurs earlier. Also, You must call Accell and obtain a Return
Authorization Number (as described under “How to Make a Claim”) within two (2) months after You discover a Product Defect (or should have
discovered it, if such Product Defect was obvious).
“You” means the first individual person that purchased the Product in its original
packaging from an Authorized Dealer. This Limited Warranty does not apply to persons or entities that bought the Product (i) in used or
unpackaged form, (ii) for resale, lease or other commercial use, or (iii) from someone other than an Authorized Dealer.
SCOPE OF THIS LIMITED WARRANTY
PRODUCTS. If a Product contained a Product Defect when You bought it from an Authorized Dealer and Accell receives a Formal Warranty
Claim from You within two (2) months after You discover such Product Defect (or should have discovered it, if such Product Defect was
obvious) and before the end of the Warranty Period for Product Defects applicable to the affected Product, then Accell will provide You with
one of the following remedies: Accell will (1) repair or, at Accell’s sole discretion, replace the Product, or (2) refund to You the purchase price
You paid to the Authorized Dealer for the affected Product if repair or replacement is not commercially practicable or cannot be timely made.
CONNECTED EQUIPMENT DAMAGE. Accell will also provide You with a remedy regarding Connected Equipment Damage if (i) You have a
claim under the Limited Warranty for Products because of a Product Defect that causes Connected Equipment Damage despite Adequate Use,
and (ii) Accell receives a Formal Warranty Claim from You before the end of the Warranty Period for Connected Equipment Damage applicable
to the affected Product. If the conditions listed in the preceding sentence are met, Accell will provide You with one of the following remedies
provided that Accell may decide at its sole discretion which of the three remedies it provides: Accell will (1) replace the damaged Connected
Equipment; (2) pay to repair the damaged Connected Equipment; or (3) pay You the FMV of the Connected Equipment, provided that such
payments shall not exceed (i) the Maximum Coverage Amount for the Product, or (ii) the actual damage having arisen from power surges due
to a Product Defect. NOTE: COMPENSATION FOR RESTORATION OF DATA LOSS IS NOT COVERED AND ACCELL DOES NOT ASSUME ANY
LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES UNDER THIS LIMITED WARRANTY. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
GENERAL PROVISIONS
CHOICE OF LAW/JURISDICTION. This Limited Warranty and any disputes arising out of or in connection with this Limited Warranty
(“Disputes”) shall be governed by the laws of the State of California, USA, excluding conflicts of law principles and excluding the Convention
for the International Sale of Goods. The courts located in the State of California, USA shall have exclusive jurisdiction over any Disputes.
OTHER RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY
FROM STATE TO STATE. THIS WARRANTY EXTENDS ONLY TO YOU AND CANNOT BE TRANSFERRED OR ASSIGNED. If any provision of this
Limited Warranty is unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect any remaining provisions.
In case of any inconsistency between the English and other versions of this Limited Warranty, the English version shall prevail.
HOW TO MAKE A CLAIM. In the event damage has occurred to Products or Connected Equipment, You must follow these instructions: (1)
Call Accell within two (2) months after You discover a Product Defect (or should have discovered it, if such Product Defect was obvious); (2)
Give a detailed explanation of how the damage occurred; (3) Obtain a Return Authorization Number; (4) Upon receipt of a claim form (which
may be sent to You after You filed Your Formal Warranty Claim), fill out the claim form entirely; (5) Return the Products, shipping prepaid by
You (to be refunded if You are entitled to a remedy under the Scope of this Limited Warranty), to Accell for verification of damage, along with
a copy of Your original sales receipts and proof of purchase (UPC label or packing slip) for such Products, the completed claim form, and
printed Return Authorization Number on the outside of the return package (the claim form will include instructions for return).
TELEPHONE NUMBERS. 510-438-9288
FURTHER PROCEEDINGS. Accell will determine whether a Product Defect existed and the damage to the Connected Equipment was caused
by the Product. You must allow Accell access to the premises and site where the damage occurred and all equipment and property related
thereto for Accell inspection by its employees or authorized representatives. Accell may, at its discretion, direct You to obtain a repair
estimate at a service center of Accell’s choosing or, to send the Connected Equipment to Accell for repair. If a repair estimate is required, You
will be instructed on whom shall provide the estimate and how to properly submit the estimate and the resulting invoice to Accell for
payment. Any fees for repairs may be negotiated by Accell.
unpackaged form, (ii) for resale, lease or other commercial use, or (iii) from someone other than an Authorized Dealer.
SCOPE OF THIS LIMITED WARRANTY
PRODUCTS. If a Product contained a Product Defect when You bought it from an Authorized Dealer and Accell receives a Formal Warranty
Claim from You within two (2) months after You discover such Product Defect (or should have discovered it, if such Product Defect was
obvious) and before the end of the Warranty Period for Product Defects applicable to the affected Product, then Accell will provide You with
one of the following remedies: Accell will (1) repair or, at Accell’s sole discretion, replace the Product, or (2) refund to You the purchase price
You paid to the Authorized Dealer for the affected Product if repair or replacement is not commercially practicable or cannot be timely made.
CONNECTED EQUIPMENT DAMAGE. Accell will also provide You with a remedy regarding Connected Equipment Damage if (i) You have a
claim under the Limited Warranty for Products because of a Product Defect that causes Connected Equipment Damage despite Adequate Use,
and (ii) Accell receives a Formal Warranty Claim from You before the end of the Warranty Period for Connected Equipment Damage applicable
to the affected Product. If the conditions listed in the preceding sentence are met, Accell will provide You with one of the following remedies
provided that Accell may decide at its sole discretion which of the three remedies it provides: Accell will (1) replace the damaged Connected
Equipment; (2) pay to repair the damaged Connected Equipment; or (3) pay You the FMV of the Connected Equipment, provided that such
payments shall not exceed (i) the Maximum Coverage Amount for the Product, or (ii) the actual damage having arisen from power surges due
to a Product Defect. NOTE: COMPENSATION FOR RESTORATION OF DATA LOSS IS NOT COVERED AND ACCELL DOES NOT ASSUME ANY
LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES UNDER THIS LIMITED WARRANTY. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
GENERAL PROVISIONS
CHOICE OF LAW/JURISDICTION. This Limited Warranty and any disputes arising out of or in connection with this Limited Warranty
(“Disputes”) shall be governed by the laws of the State of California, USA, excluding conflicts of law principles and excluding the Convention
for the International Sale of Goods. The courts located in the State of California, USA shall have exclusive jurisdiction over any Disputes.
OTHER RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY
FROM STATE TO STATE. THIS WARRANTY EXTENDS ONLY TO YOU AND CANNOT BE TRANSFERRED OR ASSIGNED. If any provision of this
Limited Warranty is unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect any remaining provisions.
In case of any inconsistency between the English and other versions of this Limited Warranty, the English version shall prevail.
HOW TO MAKE A CLAIM. In the event damage has occurred to Products or Connected Equipment, You must follow these instructions: (1)
Call Accell within two (2) months after You discover a Product Defect (or should have discovered it, if such Product Defect was obvious); (2)
Give a detailed explanation of how the damage occurred; (3) Obtain a Return Authorization Number; (4) Upon receipt of a claim form (which
may be sent to You after You filed Your Formal Warranty Claim), fill out the claim form entirely; (5) Return the Products, shipping prepaid by
You (to be refunded if You are entitled to a remedy under the Scope of this Limited Warranty), to Accell for verification of damage, along with
a copy of Your original sales receipts and proof of purchase (UPC label or packing slip) for such Products, the completed claim form, and
printed Return Authorization Number on the outside of the return package (the claim form will include instructions for return).
TELEPHONE NUMBERS. 510-438-9288
FURTHER PROCEEDINGS. Accell will determine whether a Product Defect existed and the damage to the Connected Equipment was caused
by the Product. You must allow Accell access to the premises and site where the damage occurred and all equipment and property related
thereto for Accell inspection by its employees or authorized representatives. Accell may, at its discretion, direct You to obtain a repair
estimate at a service center of Accell’s choosing or, to send the Connected Equipment to Accell for repair. If a repair estimate is required, You
will be instructed on whom shall provide the estimate and how to properly submit the estimate and the resulting invoice to Accell for
payment. Any fees for repairs may be negotiated by Accell.
If You bring a Formal Warranty Claim and fully comply with all terms and
conditions of this Limited Warranty, Accell will use its best efforts to provide You with a remedy within thirty (30) days after receipt of Your
Formal Warranty Claim (if You reside in the United States - forty-five (45) days if You reside elsewhere), unless obstacles outside Accell’s
control delay the process.
Formal Warranty Claim (if You reside in the United States - forty-five (45) days if You reside elsewhere), unless obstacles outside Accell’s
control delay the process.
The information above is believed to be accurate, however Accell assumes no responsibility for any inaccuracies and liability for direct,
indirect, special, incidental, or consequential damages as a result. Due to ongoing improvements,
indirect, special, incidental, or consequential damages as a result. Due to ongoing improvements,
Accell reserves the right to make changes
to hardware, packaging and any accompanying documentation without prior written notice. Accell is a trademark of Accell Corporation.
© Accell Corporation. PowerSquid is a registered trademark of Trident Design, used by permission. D
© Accell Corporation. PowerSquid is a registered trademark of Trident Design, used by permission. D
080B-008K-0314