(1) All claims under the Protection Policy must
be made within the warranty period applicable to the Protection Device;
(2) The Protection Policy is valid only in the
United States and Canada;
(3) The Connected Equipment must be directly
plugged in to a UL or CSA approved UPS (or similar AC protector) which
is properly grounded via a 3-wire AC outlet. Extension cords or adapters
must not be used. No other ground wires or connections may be used.
Building wiring must conform to applicable code(s) (NEC or CSA);
(4) All communication wires leading into Connected
Equipment must pass through an appropriate Cylix Protection Device.
All Cylix installation instructions must be followed including the proper
installation of the grounding wire (when applicable). Consult with Cylix
Customer Service if published instructions do not cover your equipment;
(5) A return authorization number for the Protection
Device and Connected Equipment must be obtained by telephone within
ten (10) days following occurrence of damage ("Date of Damage") and
the Protection Device returned prepaid to Cylix in its original box
for verification of voltage surge or spike damage, accompanied by correspondence
signed by the original end user explaining how the damage was sustained
to the Protection Device;
(6) The Protection Device must be returned,
together with (if requested by Cylix) any Connected Equipment for which
a claim is being made within thirty (30) days following the date of
the incident causing the damage;
(7) Notification of Connected Equipment damage
must be given at the time the return authorization number is issued.
An estimate of the needed repairs, including a written report from a
qualified technician explaining the nature of the damage must follow
from the customer within the aforesaid thirty (30) day period following
the date of damage and must accompany the returned Connected Equipment.
Cylix reserves the right to inspect the customer's facility. Test results
of the returned Protection Device, as well as the report from the qualified
technician will be evaluated to determine whether the Protection Device
has failed to provide protection. All reports will be available to the
customer.
(8) If Cylix determines that the damage to the
Protection Device and Connected Equipment was caused by the failure
of the Protection Device to protect against voltage surges or spikes
and if all conditions specified in this Protection Policy are met, Cylix
will, at Cylix' sole option, during the warranty period, replace the
Protection Device and either (a) pay for
the repair or replacement of the Connected Equipment or (b)
reimburse customer for the fair market value, as determined by the then
current price list of the Boston Computer Exchange (or equivalent) of
the Connected Equipment in an amount not to exceed the aggregate dollar
limit stated below. Protection from telephone transients applies only
to Cylix' products which offer modem or fax line protection, and in
cases in which such protection is available, telephone services equipment
must include a properly installed and operating "primary protection"
device at the service entrance (such devices are normally added during
telephone installation) in order to be covered for telephone line transients.
Protection of CATV (cable television) Connected Equipment from transients
applies only to Protection Devices which offer such protection, and
in all such cases the CATV service must be properly grounded according
to the codes set forth in the National Electrical Code (NEC) in order
to be covered for CATV transients;
(9) This Protection Policy is in excess of and
applies only to the extent necessary beyond any coverage for the Connected
Equipment provided by other sources, including, but not limited to any
manufacturer's warranty and any extended warranty coverage or any other
policy of insurance that customer may have access to in connection with
such damage. By making a claim hereunder, customer agrees that Cylix
will be subrogated to customer's rights against any other party providing
coverage for such damage or loss to Connected Equipment;
(10) In no event shall the aggregate value of
the cost of repair, replacement or reimbursement with respect to Connected
Equipment, including all other claims previously received from the same
customer, exceed a total of $25,000;
(12) The following are expressly excluded from
coverage under this Protection Policy: damage caused by failure to provide
a suitable installation environment for the product (including, but
not limited to, lack of a good ground); damage caused by the use of
the Protection Device for purposes other than those for which it was
designed; damage caused by accidents or disasters such as fire, flood,
wind, acts of war or insurrection or Acts of God; damage caused by abuse,
misuse, alteration, modification or negligence;
(13) This Protection Policy is null and void
if, in Cylix' view, the Protection Device has been tampered with or
altered in any way;
(14) Except as expressly provided in this Protection
Policy, in no case shall Cylix be liable under the terms of this Protection
Policy for any damages whatsoever, including, but not limited to direct,
indirect, special, incidental, consequential, punitive, or multiple
damages arising out of the use of the Protection Device or damage to
the Connected Equipment, regardless of the legal theory on which such
claim is based, even if advised in advance of the possibility or probability
of such damage. Such damages include, but are not limited to, loss of
profits, loss of savings or revenue, loss of use of the Protection Device
or the Connected Equipment or any associated equipment, loss of software,
loss of data, cost of capital, cost of any substitute equipment, facilities
or services, downtime, the claims of any third parties, including customers,
and injury to property and persons.
(15) This Protection Policy may not be modified
except by an agreement in writing signed by Cylix and the customer.
The terms of this Protection Policy are understood to be the complete
and exclusive agreement between Cylix and the customer, superseding
all prior agreements, oral and written and all other communications
between the parties regarding the subject matter of this Protection
Policy. No employee of Cylix or any other party is authorized to make
any representations beyond those made in this agreement concerning the
Protection Policy. Unless expressly consented to in writing by Cylix,
which consent may be granted or withheld in Cylix' sole and absolute
discretion, this Protection Policy is not assignable by the original
retail purchaser to any third party or other successor in interest and
no such third party or successor in interest shall acquire any rights
hereunder unless expressly approved in writing by Cylix.
(1) Pack the Protection Device in its original
packing (or request packing materials from Cylix if the packaging is
not available);
(2) Enclose the completed Protection Policy
Claim Form, customer statement, technician's report, estimate of damages
and copy of your sales receipt for the Protection Device;
(3) Ship the Protection Device (prepaid) to
the address shown on the Claim Form and follow all procedures described
on the Claim Form;
(4) Cylix will evaluate the Protection Device
to determine its level of functionality; and will examine the Protection
Device for evidence of damage from voltage surges or spikes. If Cylix'
evaluation provides no evidence of damage from voltage surges or spikes,
Cylix will send to the customer a report summarizing the tests performed
and a notice of claim rejection with respect to any or all of the Protection
Device(s) or Connected Equipment. If the Protection Device shows evidence
of damage from voltage surges or spikes, then Cylix may (at its option)
request that all Connected Equipment for which a claim has been submitted
be sent for evaluation to either Cylix or an authorized service center.
If it is determined that the Connected Equipment has been damaged from
voltage surges or spikes, Cylix will, in its sole discretion, either
(a) authorize customer to have the Connected Equipment repaired or replaced,
or (b) reimburse customer for the fair market value of the damaged Connected
Equipment up to the dollar limit stated above. At its option, Cylix
may elect to repair or replace some Connected Equipment and to pay the
fair market value of other Connected Equipment;
(5) If Customer is authorized by Cylix to have
the Connected Equipment repaired, the repair must be performed at a
service center that is authorized by the manufacturer of the Connected
Equipment. Cylix reserves the right to contact the authorized service
center directly to discuss repair costs and damage to the Connected
Equipment to determine whether it was caused by voltage surges or spikes
or other causes and the right to request that the service center or
the customer forward the Connected Equipment or components of the Connected
Equipment to Cylix for inspection. Cylix will, after determining that
the damage was caused by the failure of the Cylix Protection Device
to protect against voltage surges or spikes, pay directly or issue payment
to customer, in its sole discretion, for either the costs of repair
or replacement, or the fair market value of the Connected Equipment,
up to the dollar limit stated above. Cylix reserves the right to require
customer to transfer title and deliver the Connected Equipment to Cylix
if it chooses to reimburse you for the fair market value of the Connected
Equipment or to replace the Connected Equipment.
