Warranty and Limitation of Liability
Effective November, 2010
MCG Electronics, Inc. dba MCG Surge Protection (The
“Company”), Deer Park, New York, warrants to the buyer of equipment
manufactured and sold by the Company that such equipment will be free from
defects in material and workmanship under
normal use and service for a period of twenty (20) years from date of
shipment from the Company’s factory or warehouse of
In addition, above and beyond the MCG 20-Year warranty, the
Company offers free lifetime replacement of protection modules and fuses for
all applicable AC Power Line Protectors.
THE COMPANY’S OBLIGATION UNDER THIS WARRANTY SHALL BE STRICTLY AND
EXCLUSIVELY LIMITED TO REPAIRING OR REPLACING, AT THE FACTORY OR A SERVICE
CENTER OF THE COMPANY, ANY SUCH EQUIPMENT OR PARTS THEREOF WHICH AN
AUTHORIZED REPRESENTATIVE OF THE COMPANY FINDS TO BE DEFECTIVE IN MATERIAL
OR WORKMANSHIP UNDER NORMAL USE AND
SERVICE WITHIN SUCH PERIOD OF TWENTY YEARS. THE COMPANY RESERVES THE RIGHT
TO SATISFY SUCH OBLIGATION IN FULL BY REFUNDING THE PURCHASE PRICE FOR ANY
SUCH DEFECTIVE EQUIPMENT. THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING
BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS,
LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO HIM. This warranty
does not apply to any equipment that has been tampered with or altered with
in any way, which has been
damaged as a result of misapplication or improper installation or which has
been subject to misuse, neglect or accident.
THE FOREGOING WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, and or any other
obligations or liabilities on the part of the Company, and no other person
authorized to assume for the Company any other liability with respect to
equipment sold by the Company. The Company shall have no liability with
respect to equipment not of its manufacture.
Written authorization and/or Material Return Authorization (MRA#) to return
any equipment or parts must be obtained from the
Company. The Company shall not be responsible for any transportation
IF FOR ANY REASON ANY OF THE FOREGOING PROVISIONS SHALL BE INEFFECTIVE, THE
COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF ITS MANUFACTURE OR SALES OF
EQUIPMENT, OR USE THEREOF, WHETHER SUCH LIABILITY IS BASED ON WARRANTY,
CONTRACT, NEGLIGENCE, STRICT
LIABILITY IN TORT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FULL
PURCHASE PRICE OF SUCH EQUIPMENT.
Any action against the Company based on liability or obligation arising
hereunder or under any law applicable to the Company’s sale of equipment, or
use thereof, must be commenced within one year after the cause of such
Warranty is void if a unit is returned to the Company with an
application-related defect (ex: 120V unit is powered up at 480V.)
In the event that a unit is destroyed and the Company determines that the
buyer is at fault, the buyer will have the option of 1.) Purchasing an
appropriate replacement unit and a new warranty will be in effect or 2.) The
Company will repair or replace
but the warranty will be void.
Return Policy for New, Unused Equipment:
If a unit is returned, unused, in its original box within 30 days of sale,
MCG will refund the purchase price less a 25% restocking charge. The unit
must be delivered back to the factory, freight paid, in new condition.
Within 90 days of purchase, applying
the same conditions, MCG will issue credit for the purchase price, less a
50% restocking charge. No returns will be accepted 3 months after the date
of receipt of any MCG product.
This warranty is not transferable.