Cooper Notification SP40S Series, Инструкция по установке, испытаниям, эксплуатации и техническому обслуживанию

Страница: 78 / 81

Warranty
SP40S Multi-Function Communications System 78
10. Warranty
LIMITED WARRANTY
Cooper Wheelock, Inc. dba Cooper Notification and Cooper Notification, Inc. (each, a “Seller”) 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), Underwriter’s 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). Seller 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 (a) three (3) years from date of manufacture with respect to MEDC and Seller Industrial Signals and Seller Fire
and Security Notification Appliances and Devices, or (b) one (1) year from date of manufacture with respect to Waves and
SafePath Voice Evacuation and Mass Notification Systems (date of manufacture is determined by date code.) Correction of
defects by repair or replacement shall be at Seller’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 SELLER IS INSTALLED IN THE PRODUCT. THE FOREGOING LIMITED WARRANTY SPECIFICALLY
EXCLUDES ANY SOFTWARE REQUIRED FOR THE OPERATION OF OR INCLUDED IN A PRODUCT. SELLER MAKES
NO REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS, IMPLIED OR STATUTORY WHETHER AS TO
MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER.
USERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHE
R 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 MISAPPLIACATION, IMPROPER SPECIFICATION, ABUSE, ACCIDENT OR OTHER
OPERATING CONDITIONS BEYOND SELLE
R’S CONTROL.
SELLER 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 SOFT
WARE WILL MEET THE USER’S REQUIREMENTS. SELLER 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 SELLER 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. SELLER IS NOT LIABLE FOR LABOR COSTS INCURRED IN REMOVAL,
REINSTALLATION OR REPAIR OF A PRODUCT BY ANYONE OTHER THAN SELLER OR FOR DAMAGE OF ANY TYPE
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR INCIDENTAL, INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNTIVE OR EXEMPLARY DAMAGES. THE FOREGOING SHALL CONSTITUTE THE SOLE REMEDY OF THE
PURCHASER AND THE EXCLUSIVE LIABILITY OF SELLER.
IN NO CASE WILL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR A PRODUCT.
LIMITATION OF LIABILITY
SELLER’S LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE AND BREACH OF WARRNTY, 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.
SELLER’S LIABILITY ON ANY CLAIM OF ANY KIND SHALL CEASE IMMEDIATELY UPON THE INSTALLATION IN THE
PRODUCT OF ANY PART NOT FURNISHED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CLAIM
OF ANY KIND UNLESS IT IS PROVEN THAT ITS PRODUCT WAS THE DIRECT CAUSE OF SUCH CLAIM. FURTHER, IN
NO EVENT, INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE, SHALL SELLER BE LIABLE FOR INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY 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.