Hy-Security SwingRiser 14, Installation And Reference Manual

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Installation and Maintenance Manual
75
1. Warranty.
Hy-
Security Gate, Inc. (―HySecurity‖) warrants that at the time of sale each of
its products will, in all material respects, conform to its then applicable
specification and will be free from defects in material and manufacture. This
warranty does not extend to items listed as ―accessories‖ in HySecurity’s price
list, when those items carry another manufacturer’s name plate and they are
not a part of the base model. HySecurity disclaims all warranties for such
accessory components, which carry only the original warranty, if any, of their
original manufacturer. HySecurity hereby assigns its rights under such
manufacturer warranties
—to the extent that such rights are assignable—to
Buyer.
The following additional durational warranties apply to HySecurity’s products.
The term of these additional warranties is determined by whether (1) the
product is purchased through an authorized HySecurity distributor and
(2) whether a timely and complete warranty registration is submitted to
HySecurity.
It is therefore important that you register your product with
HySecurity within the 60 day period described below.
1(a) Five Year / Seven Year Warranty Items (Registered Gate
Operators Purchased from Authorized Distributors)
For any gate operator product that is purchased from an authorized HySecurity
distributor (this excludes product purchased through internet resellers or any
distributor not authorized by HySecurity), if the online Warranty registration is
completed at
www.hysecurity.com/warranty within 60 days of the date of
purchase by the dealer/installer or if the warranty registration form sent with
every HySecurity gate operator is completely filled out and returned to
HySecurity within the same 60-day period, the following Warranty terms will
apply: HySecurity will warrant that the product will remain serviceable for the
following periods:
a. Hydraulic Gate Operators: Five Years or 500,000 gate cycles (whichever
occurs first) after the date of installation, or
b. Electromechanical operators: Five Years after the date of
installation
—unless installed in a single family residential
application, in which case the warranty term shall be Seven
Years after the date the product is shipped from HySecurity;
provided that the Five Year warranty period will not extend
beyond Seven Years from the date that the product was
shipped from HySecurity. This warranty does not apply to the
components described below, which have the shorter warranty
period indicated:
c. Hydraulic Gate Operator Drive Wheels: Two Years from date of
installation.
d. Batteries used in all D.C. operators: One Year from date of
shipment from HySecurity.
e. Items subject to normal wear including, but not limited to,
chains, belts, idler wheels, sprockets, fuses and motor brushes:
One Year from date of installation.
1(b) One Year Warranty Items (Operators Not Purchased from
an Authorized Distributor or Registered within 60 Days)
For any gate operator product that is not purchased from an authorized
HySecurity distributor or for which the online Warranty registration or warranty
registration form sent with every HySecurity operator was
not filled out
completely or not returned to HySecurity within 60 days of the date of purchase
by the dealer/installer, the following One-Year Warranty will apply to that
product: HySecurity warrants that the product will remain serviceable for the
following periods, which begin on the date that the product was shipped from
HySecurity:
a. All Gate Operators: One Year or 100,000 gate cycles whichever
comes first.
b. Hydraulic Gate Operator Drive Wheels: One Year
1(c) Replacement Parts
HySecurity warrants that replacement parts (whether new or reconditioned) will
remain serviceable for One Year from the date that the product was shipped
from HySecurity.
1(d) Limitations and Exclusions Applicable to Each of
the Preceding Warranties
The preceding warranties shall not apply to equipment that has been
(1) installed or maintained improperly or contrary to instructions; (2) subjected
to negligence, accident, vandalism, or damaged by severe weather, wind,
flood, fire, or war; or (3) damaged through improper operation, maintenance,
storage or abnormal or extraordinary use or abuse. Any modification made to
products will void the warranty unless the modifications are approved in writing
by HySecurity, in advance of the change (this exclusion does not apply to
normal installation of approved accessories and/or protective devices or
sensors).
THESE ARE THE ONLY WARRANTIES GIVEN BY HYSECURITY
AND ARE IN PLACE OF ALL OTHERS.
These warranties extend to HySecuri
ty’s Distributors, to the Dealer/Installer,
and to the First User of the product following installation. They do not extend to
subsequent purchasers. Dealer/Installers or First Users may receive a
replacement HySecurity Warranty form by calling HySecurity at 800-321-9947.
2. Exclusion of Other Warranties.
The warranties contained in Section 1 are the exclusive warranties given by
HySecurity and supersede any prior, contrary or additional representations,
whether oral or written. Any prior or extrinsic representations or agreements
are discharged or nullified. HYSECURITY HEREBY DISCLAIMS AND
EXCLUDES ALL OTHER WARRANTIES
—WHETHER EXPRESS, IMPLIED,
OR STATUTORY
—INCLUDING ANY
WARRANTY OF MERCHANTABILITY ,
ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE , AND ANY
IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF
DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
3. Buyer's Exclusive Remedies for Any Nonconformity.
If a HySecurity product fails to conform to the warranties in Section 1, Buyer
must notify and order replacement parts from the Distributor through which the
product was purchased within a reasonable time and in no event more than
thirty (30) days after the discovery of the nonconformity. HySecurity will
investigate and, in the event of a breach, will provide, within a reasonable
period of time, one of the following: (1) repair or replacement of any
nonconforming products or components or (2) refund of the price upon return
of the nonconforming items. Replacement goods will conform to this warranty
for the unexpired duration of the warranty period for the original,
nonconforming product. HySecurity reserves the right to supply used or
reconditioned material for all warranty claims. This warranty does not cover or
extend to any incidental expenses, including labor, shipping, travel time or
standby time, that are incurred for inspection or replacement of any
nonconforming items. As a condition of warranty coverage, warranty claims
must be submitted in accordance with the following paragraph. THE REMEDY
SELECTED BY HYSECURITY IN ACCORDANCE WITH THIS PARAGRAPH
SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER FOR ANY
BREACH OF WARRANTY. IN NO EVENT SHALL HYSECURITY BE
OBLIGATED TO INDEMNIFY BUYER FOR ANY BREACH OF WARRANTY.
For warranty coverage, you must follow the procedures described on
HySecurity’s form, ―RMA Procedures.‖ A current version of the form is available
from HySecurity.
4. Exclusion of Consequential and Incidental Damages.
IN NO EVENT SHALL HYSECURITY BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER
RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR
INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE
PRODUCT OR FROM HYSECURITY’S OWN NEGLIGENCE OR OTHER
TORT. This exclusion applies regardless of whether such damages are sought
for breach of warranty, breach of contract, negligence, or strict liability in tort or
under any other legal theory. This exclusion does not apply to claims for bodily
injury or death.
5. Severability.
If any provision of this warranty is found to be invalid or unenforceable, then
the remainder shall have full force and effect, and the invalid provision shall be
partially enforced to the maximum extent permitted by law to effectuate the
purpose of the agreement.
6. Applicable Law.
This Warranty will be interpreted, construed, and enforced in all respects in
accordance with the laws of the State of Washington, without reference to its
choice of law principles. The U.N. Convention on Contracts for the International
Sale of Goods will not apply to this Warranty.