Under no circumstances does PowerGate LLC represent that a specific product will work in a customer's application. It is the sole responsibility of each customer to thoroughly test each product and part number under their unique parameters and environments to ensure a product will work properly and reliably.

All defects of material or miss-shipments shall be immediately notified to PowerGate LLC. Any miss-shipments, as in shipping the incorrect part number to the customer, will have no liability to PowerGate LLC. It is the sole responsibility of the customer to verify and test that part(s) received are the correct parts ordered by the customer.

PowerGate LLC is a distributor and in the case of a defect will reflect the warranty of the individual manufacturer. The warranty period shall be defined for each manufacturer and their part number separately as requested and required. Under all conditions the liability shall be limited to the repair or - at the manufacturer's sole discretion - substitution of goods which prove to be defective.

In any event, there shall be no further remedies or claims against PowerGate LLC and its manufacturer's. In particular, the customer has no right to rescind a contract, ask for reduction of price or any compensation, such as compensation for any special, actual, consequential, incidental or indirect damages, or any loss of profit, revenue or data based upon non-performance or breach of any of its obligations, whether based in contract, tort, or otherwise.

Further, PowerGate LLC and its manufacturer's shall not be liable for damages resulting from improper use, incorrect implementation, or shipments of incorrect part numbers to the customer or third parties. Particularly, the misuse where product specifications, operating instructions or specifications set forth by the manufacturer are exceeded or violated by the customer or third parties.

The warranty shall immediately terminate if the customer or a third party change or try to repair a product without the prior written consent of the manufacturer.  The customer agrees to be fully liable for damages resulting from its own instructions for product usage.

The customer shall indemnify and hold harmless PowerGate LLC and its manufacturers from any and all loss, liability, damage, cost or expense to the extent arising out of any claims or suits brought by third parties against the customer by reason of any breach of customer covenants or obligations contained in this warranty or any other agreement between the parties.