HySecurity HTG 320-2, Installation And Maintenance Manual

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Installation and Maintenance Manual
61
LIMITED WARRANTY
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
buyer.
HySecurity further warrants that the following components will,
with recommended maintenance and without being subjected to
extraordinary or abnormal use or abuse, remain serviceable for
the following periods, which begin on the date that the product is
shipped from HySecurity:
a. All Gate Operators: Five Years or 500,000 gate
cycles whichever comes first.
b. Hydraulic Gate Operator Drive Wheels: Two Years
c. Batteries in D.C. operators: One Year from date of
battery manufacture.
d. New replacement parts: One Year
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 safety devices. This
warranty shall not apply to equipment that has been (1)
improperly installed or installed 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 use or
abuse.
THIS IS THE ONLY WARRANTY GIVEN BY
HYSECURITY AND IS IN PLACE OF ALL OTHERS. This
warranty extends to HySecurity’s distributors and to the first user
of its products.
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 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 HySecurity 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, at its option and 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
purchase price upon return of the nonconforming items.
Replacement goods will conform to this warranty for (1) the
unexpired duration of the warranty period for the original,
nonconforming product or (2) 90 days, whichever is longer.
HySecurity reserves the right to supply used or repaired 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.
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 and is also posted on
HySecurity’s web site.
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.
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.