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975-0218-01-01 51
IN NO EVENT WILL XANTREX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER ARISING WHETHER IN CONTRACT
OR TORT INCLUDING, WITHOUT RESTRICTION, ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR
DAMAGE TO PROPERTY, OR ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR
ABUSE OR THE INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE
PRODUCT.EXCLUSIONS
1.6 Limitations on Exclusions
This Limited Warranty does not affect your rights as prescribed by law and as established
in the Law on Warranties for Consumer Goods (Spain) or the German Civil Code
("BGB"). In Germany, the legal provisions regarding suspension or expiration
("Ablaufhemmung"), suspension ("Hemmung") and recommencement of limitation
periods remains unaffected.
Some countries do not allow limitations or exclusions on implied warranties or on the
duration of an implied warranty or on the limitation or exclusion of incidental or
consequential damages, so the above limitation(s) or exclusion(s) may not apply to you.
For example, in Germany, the exclusion at 1.5 shall not apply in the case of mandatory
liability, i.e. under the German Product Liability Act ("Produkthaftungsgesetz") or in the
case of intent, gross negligence, and injury of life, body or health, or breach of a condition
which goes to the root of the contract ("wesentliche Vertragspflichten"). However, claims
for damages arising from a breach of a condition which goes to the root of the contract
shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused
by intent or gross negligence or based on liability for injury of life, body or health. The
exclusion at 1.5 in Germany also does not imply a change in the burden of proof to your
detriment.
1.7 Exclusion for Documentation
Without limiting the generality of the foregoing, unless specifically agreed to by it in
writing, Xantrex:
(a) makes no warranty as to the accuracy, sufficiency or suitability of any
technical or other information provided in manuals or other documentation
provided by it in connection with the product; and
(b) assumes no responsibility or liability for losses, damages, costs or expenses,
whether special, direct, indirect, consequential or incidental, which might arise
out of the use of such information.
The use of any such information will be entirely at the user's risk.
1.8 WARNING: LIMITATIONS ON USE
Please refer to your Owner’s Guide for limitations on uses of the product. Specifically,
please note that the XPower Powerpack 400 Plus are not intended for use in connection
with life support systems and Xantrex makes no warranty or representation in connection
with any use of the product for such purposes.
Edificio Diagonal 2A,
C/ Constitución 3, 4º2ª
08960 Sant Just Desvern
Barcelona, España