Wheelock products must be used within their published specifications and must be PROPERLY specified, applied, installed, operated, maintained and
operationally tested in accordance with these instructions at the time of installation and at least twice a year or more often and in accordance with local,
state and federal codes, regulations and laws. Specification, application, installation, operation, maintenance and testing must be performed by qualified
personnel for proper operation in accordance with all of the latest National Fire Protection Association (NFPA), Underwriters' Laboratories (UL), National
Electrical Code (NEC), Occupational Safety and Health Administration (OSHA), local, state, county, province, district, federal and other applicable
building and fire standards, guidelines, regulations, laws and codes including, but not limited to, all appendices and amendments and the requirements
of the local authority having jurisdiction (AHJ). Wheelock products when properly specified, applied, installed, operated, maintained and operationally
tested as provided above are warranted against mechanical and electrical defects for a period of one year from date of installation or 18 months from
date of manufacture (as determined by date code), whichever first occurs. Correction of defects by repair or replacement shall be at Wheelock's sole
discretion and shall constitute fulfillment of all obligations under this warranty. THE FOREGOING LIMITED WARRANTY SHALL IMMEDIATELY
TERMINATE IN THE EVENT ANY PART NOT FURNISHED BY WHEELOCK IS INSTALLED IN THE PRODUCT. THE FOREGOING LIMITED
WARRANTY SPECIFICALLY EXCLUDES ANY SOFTWARE REQUIRED FOR THE OPERATION OF OR INCLUDED IN A PRODUCT. WHEELOCK
MAKES NO REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS, IMPLIED OR STATUTORY WHETHER AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER.
USERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A PRODUCT IS SUITABLE FOR THE USER'S PURPOSES, OR WHETHER
IT WILL ACHIEVE THE USER'S INTENDED RESULTS. THERE IS NO WARRANTY AGAINST DAMAGE RESULTING FROM MISAPPLICATION,
IMPROPER SPECIFICATION, ABUSE, ACCIDENT OR OTHER OPERATING CONDITIONS BEYOND WHEELOCK'S CONTROL.
WHEELOCK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE
SOFTWARE WILL MEET ANY OTHER STANDARD OF PERFORMANCE, OR THAT THE FUNCTIONS OR PERFORMANCE OF THE SOFTWARE
WILL MEET THE USER'S REQUIREMENTS. WHEELOCK SHALL NOT BE LIABLE FOR ANY DELAYS, BREAKDOWNS, INTERRUPTIONS, LOSS,
DESTRUCTION, ALTERATION, OR OTHER PROBLEMS IN THE USE OF A PRODUCT ARISING OUT OF OR CAUSED BY THE SOFTWARE.
THE LIABILITY OF WHEELOCK ARISING OUT OF THE SUPPLYING OF A PRODUCT, OR ITS USE, WHETHER ON WARRANTIES, NEGLIGENCE,
OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST OF CORRECTING DEFECTS AS STATED IN THE LIMITED WARRANTY AND
UPON EXPIRATION OF THE WARRANTY PERIOD ALL SUCH LIABILITY SHALL TERMINATE. WHEELOCK IS NOT LIABLE FOR LABOR COSTS
INCURRED IN REMOVAL, REINSTALLATION OR REPAIR OF THE PRODUCT BY ANYONE OTHER THAN WHEELOCK OR FOR DAMAGE OF ANY
TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE
FOREGOING SHALL CONSTITUTE THE SOLE REMEDY OF THE PURCHASER AND THE EXCLUSIVE LIABILITY OF WHEELOCK.
IN NO CASE WILL WHEELOCK'S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR A PRODUCT.
Limitation of Liability
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WHEELOCK'S LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE AND BREACH OF WARRANTY, FOR ANY LOSS OR DAMAGE
RESULTING FROM, ARISING OUT OF, OR CONNECTED WITH THIS CONTRACT, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE,
REPAIR OR USE OF ANY PRODUCT COVERED BY THIS ORDER SHALL BE LIMITED TO THE PRICE APPLICABLE TO THE PRODUCT OR PART
THEREOF WHICH GIVES RISE TO THE CLAIM. WHEELOCK'S LIABILITY ON ANY CLAIM OF ANY KIND SHALL CEASE IMMEDIATELY UPON THE
INSTALLATION IN THE PRODUCT OF ANY PART NOT FURNISHED BY WHEELOCK. IN NO EVENT SHALL WHEELOCK BE LIABLE FOR ANY
CLAIM OF ANY KIND UNLESS IT IS PROVEN THAT OUR PRODUCT WAS A DIRECT CAUSE OF SUCH CLAIM. FURTHER, IN NO EVENT,
INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE, SHALL WHEELOCK BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING
LIMITATION MAY NOT APPLY TO ALL PURCHASERS.
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