ELAC PROTEK CONNECTED EQUIPMENT GUARANTEE
ELAC Americas Inc.
1938 N. Batavia Street, Suite K, Orange, California 92865 USA
Connected Products Guarantee for Protek Surge Suppressors
In addition to the applicable Limited Warranty, ELAC Americas Inc. (“ELAC”) provides this Connected Products Guarantee in the event that damage is caused to equipment while it is plugged into the covered Protek Surge Suppressor (“Suppressor”), and the damage is determined to have been caused by a Suppressor defect in materials or workmanship.
You are agreeing to all of the terms and conditions of this Guarantee when you purchase a Suppressor, and if you do not agree to these terms and conditions you should return the Suppressor for a refund.
Conditions to Guarantee
- This Guarantee is only available to Suppressor customers in the United States.
- All Claims must be made within fifteen (15) days after the date of the incident when the damage was caused, even if the damage was discovered at a later date.
- Suppressor’s serial number must not have been removed or defaced.
- Suppressor must not have been modified or altered, or been subject to abuse or faulty equipment.
- Customer’s use of Suppressor must have been in compliance with all instructions, conditions, and warnings provided or published by ELAC, including without limitation the Suppressor user manual.
- Suppressor must have been undamaged and in its original condition at the time of the incident when the damage was caused.
- Suppressor must be determined by ELAC to be defective in materials or workmanship, and the damage to connected products must have been proximately caused by the defect(s).
- Damage to connected products must have been caused while plugged into a Suppressor, when there was a spike or surge on a connected properly-installed 120V AC power line.
- Damage to connected products that is caused by an AC power surge above rated specifications for the Suppressor is not covered.
- The Suppressor must have been directly (e.g. not through a plug or extension cord) plugged into a properly-wired and grounded outlet at the time of the incident, and all connected products must have been directly plugged into such Suppressor (e.g. not through a plug, extension cord, or daisy-chain of suppressors) .
- The environmental conditions for use of the Suppressor and connected products must be suitable for normal use and operation.
- This Guarantee only covers connected products for personal, home applications and not commercial use.
- Damage to Suppressor and/or connected products that is caused by environmental conditions such as flood, fire, rain, extreme temperatures, or pests will not be covered.
- Suppressor must not have been repaired by a non-authorized repair facility prior to the incident when damage was caused.
- This Guarantee does not cover, and ELAC will not be responsible for, liability or damages related to personal injury or death.
- This Guarantee does not cover, and ELAC will not be responsible for, liability or damage to software, data, or electronic records.
- This Guarantee does not cover, and ELAC will not be responsible for, lost profits or business interruption.
How to Make a Claim
Contact ELAC at 714-252-8843 or at email@example.com to make a claim under this Guarantee (“Claim”).
Customer is required to provide ELAC with reasonably requested information or items necessary to validate the Claim. Please have the following information ready when you contact ELAC:
- Proof of purchase of Suppressor (Copy or original sales receipt).
- Model number of the Suppressor.
- Manufacturer and Model number(s) of damaged equipment.
- Specifics regarding the date, time, location, power supplier, and other conditions relating to the incident when the equipment was damaged.
- Any other guarantees, insurance policies, or sources of reimbursement available to customer.
- Estimate of loss or damage to connected products.
Customer will be required to return the Suppressor for inspection before a Claim is approved, and may be required to return connected products and/or make the incident site available for inspection. Shipping costs shall be borne by Customer and will be in accordance with ELAC’s instructions.
Valuation of Claim
- ELAC’s entire liability, and Customer’s sole recovery, under this Guarantee, shall be limited to the recovery as set forth in this Valuation of Claim section.
- If the Customer’s Claim is accepted, at ELAC’s discretion, ELAC will either (a) repair, (b) replace, or (c) reimburse Customer for the Value of connected products in accordance with the following formula. Once ELAC has satisfied the Claim, at ELAC’s request, Customer agrees to transfer all connected products to ELAC.
- The value of the Claim for connected products (“Value”) shall be calculated as follows:
- The lower of (i) the Maximum Claim Value amount set forth in Exhibit A (for the particular model Suppressor); (ii) the lowest price that the same or similar items can be purchased new in the United States; (iii) the average price that the same or similar items can be purchased used in the United States; or (iii) the price of the item in the Orion Blue Book (or a similar used price list selected at ELAC’s discretion); where such amount determined by (i) – (iii) shall be decreased by all amounts Customer has or is entitled to receive from other sources of coverage, such as insurance or extended warranties.
- This Guarantee is not “first dollar” coverage, and therefore ELAC’s responsibility and liability is reduced by amounts Customer is entitled to recover from other sources.
OTHER THAN THIS GUARANTEE AND THE APPLICABLE LIMITED WARRANTY, ELAC MAKES NO OTHER WARRANTIES, AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANY IMPLIED WARRANTIES THAT ARE IMPOSED BY LAW ARE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you.
IN NO EVENT WILL ELAC, NOR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, LOST PROFIT, BUSINESS INTERRUPTION OR EXEMPLARY DAMAGES, WHETHER FOR CONTRACT, TORT OR OTHERWISE, EVEN IF ELAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer and ELAC acknowledge and agree that any claim, dispute or controversy arising out of or relating to this Guarantee or the applicable Limited Warranty shall be resolved EXCLUSIVELY and FINALLY by binding arbitration administered by the American Arbitration Association’s Consumer Arbitration Rules.
The application of the United Nations Convention of Contracts for the International Sale of Goods is excluded.
MAXIMUM CLAIM VALUE AMOUNTS
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