816 LA Actuator
INSTALLATION REFERENCE MANUAL
23
LIMITED WARRANTY—NICE-BRANDED PRODUCTS
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
Nice/HySecurity
Warranty D0920 Revised 032919
Page 1 of 1
6705 S 209
th
St, Ste 101
Kent, WA 98032
800-321-9947
www.hysecurity.com
1. Warranty.
Hy-
Security Gate, Inc.
(“
HySecurity
”)
warrants that at the �me of sale
, each
Nice-branded
gate operator product that it sells will, in all material respects,
conform to
the
then applicable specifica�on for the product and will be free from
defects in material and manufacture.
The following addi�onal dura�onal warran�es apply to products
purchased
through a distributor authorized by HySecurity to sell Nice products
(“Authorized
Distributor”), depending on whether (1) the product is purchased through an
Authorized Distributor and (2)
whether a �mely and complete product registra�on
is submited to HySecurity.
It is therefore important that you register your product with HySecurity, online
at
www.hysecurity.com/warranty
, within the 60-day period described below.
1(a) Nice-branded Products Purchased Through Authorized Distributors and
Properly Registered
For any gate operator product that is purchased from an
Authorized
Distributor
(this excludes product purchased through internet resellers or any
distributor not authorized by HySecurity
to sell Nice products), if the product
registra�on is completed by the Dealer/Installer
or
End User within 60 days of the
date of purchase, the following warranty terms will apply. HySecurity warrants that
the product will remain serviceable for the following periods:
a)
Electromechanical
pad-mounted
Slide and Swing operators: Two Years a�er
the date of installa�on
,
b)
Electromechanical linear actuator Swing operators: Two Years a�er the date of
installa�on
,
c)
Electromechanical barrier arm operators: Two years a�er the date of
installa�on,
d) Nice-
branded accessories: Two years a�er the date of installa�on
,
provided that
the Two Year warranty period in (a), (b), or (c)
will not extend beyond
four years from the date that the product was shipped from HySecurity.
The preceding warranty dura�ons do not apply to the products or components
described below (
e-
f
), which have a shorter warranty period
:
e)
Bateries: One Year from date of shipment from HySecurity.
f
)
Components subject to normal wear including, but not limited to, chains,
belts, idler wheels, sprockets and fuses: One Year from date of installa�on.
1(b) Nice Products Not Purchased Through an Authorized Distributor or Not
Properly Registered within 60 Days
For any product that is not purchased from an
Authorized D
istributor or for
which the product registra�on was not completed by the Dealer/Installer/End
User
within sixty (60)
days of the date of purchase, the following
One-Year Limited
Warranty
will apply: HySecurity warrants that the product will remain serviceable
for One Year from the date that the product was shipped from HySecurity.
1(c) Replacement Parts
HySecurity warrants that replacement parts (whether new or recondi�oned)
will remain serviceable
for One Year from the date that the
part
was shipped from
HySecurity or the remaining period of the Gate Operator warranty, whichever is
longer.
1(d)
Limita�ons and Exclusions Applicable to Each of the Preceding Warran�es.
The preceding
warran�es shall not apply to equipment that has been
(1)
installed, maintained, or used improperly or contrary to instruc�ons;
(2)
subjected to negligence, accident, vandalism, or damaged by severe weather,
wind, flood, fire, terrorism or war; or (3)
dam
aged through improper opera�on,
maintenance, storage or abnormal or extraordinary use or abuse. Any modifica�on
made to products will void the warranty unless the modifica�ons are approved in
wri�ng by HySecurity in advance of the change (this exclusion does not apply to
normal installa�on of approved accessories and/or protec�ve devices or sensors). It
is the responsibility of t
he Distributor,
Dealer/Installer, or End User
to ensure that
the so�ware version in the product is maintained to the latest
revision level.
The preceding warran�es do not extend to accessories when those items carry
the
name plate of a manufacturer other than HySecurity or Nice
and they are not a
part of the base model. HySecurity disclaims all warran�es for such accessory
c
omponents, which carry only the original warranty, if any, of their original
manufacturer. HySecurity hereby assigns its rights under such manufacturer
warran�es
—
to the extent that such rights are assignable
—
to Buyer.
These warran�es extend to HySecurity
’
s Distributors, to the Dealer/Installer,
and to the first End User of the product following installa�on. They do not extend to
subsequent purchasers.
2.
Limita�on of Certain Implied Warran�es and Exclusion of Other Warran�es.
The warran�es contained in Sec�on
1 are the exclusive
express
warran�es
given by HySecurity and supersede any
previous
, contrary or addi�onal
representa�ons, whether oral or writen. Any prior or extrinsic representa�ons or
agreements are discharged or nullified.
A
NY IMPLIED WARRANTIES, INCLUDING ANY
WARRANTY OF MERCHANTABILITY
OR
WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE
,
ARE LIMITED IN DURATION TO PERIOD OF THE APPLICABLE EXPRESS
WARRANTY
FOR THE PRODUCT OR COMPONENT.
HYSECURITY HEREBY DISCLAIMS
AND EXCLUDES ALL OTHER WARRANTIES
—
INCLUDING ANY LIABILITY FOR
INFRINGEMENT, AND ANY WARRANTIES OTHERWISE ARISING FROM COURSE OF
DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Some states do not allow limita�ons on how long an implied warranty lasts, so
the above limita�on may not apply to you.
3. Buyer
’
s Exclusive Remedies for Any Nonconformity.
If a
Nice
product fails to conform to the warran�es in Sec�on
1, Buyer must
no�fy and order replacement parts from the Distributor through which the product
was
purchased within a reasonable �me and in no event more than thirty (30)
days
a�er the discovery of the nonconformity. HySecurity will inves�gate and, in the
event of a breach, will provide, within a reasonable period of �me, one of the
following: (1)
r
epair or replacement of any nonconforming products or components
or (2)
refund of the price upon return of the nonconforming items. HySecurity
reserves the right to supply used or recondi�oned material for all warranty claims.
HySecurity will not be considered to be in breach of or default under this Warranty
because of any failure to perform due to condi�ons beyond its reasonable control,
including any force majeure. This warranty does not cover any incidental expenses,
including fines or penal�es, temporary security, labor, shipping, travel �me or
standby �me that are incurred for inspec�on or replacement of any nonconforming
items. As a condi�on of warranty coverage, warranty claims must be submited in
accordance with the procedures described on t
he HySecurity form,
“
RMA
Procedures.
”
THE REMEDY SELECTED BY HYSECURITY IN ACCORDANCE WITH THIS
PARAGRAPH SHALL BE THE
EXCLUSIVE AND SOLE REMEDY OF BUYER FOR ANY
BREACH OF WARRANTY.
4. Exclusion of Consequen�al and Incidental Damages.
HYSECURITY AND NICE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
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 OR NICE
’
S OWN NEGLIGENCE. This exclus
ion
applies regardless of whether such damages are sought for breach of warranty,
breach of contract, negligence, or strict liability. This exclusion does not apply to
claims for bodily injury or death.
Some states do not allow the exclusion or limita�on of incidental or
consequen�al damages, so the above limita�on may not apply to you.
5. Severability.
If any provision of this warranty is found to be invalid or unenforceable, then
the remainder shall have full force and effect.
6. Proprietary Rights.
Hy
Security
and Nice
retain and reserve all right, �tle, and interest in the
intellectual property rights of
their
products, including any accompanying
proprietary so�ware. No ownership of any intellectual property rights in the
products or accompanying so�ware is transferred to Distributor, Dealer/Installer
, or
End User.
7. 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. Conven�on on Contracts for the Interna�onal Sale
of Goods will not apply to this warranty.
SECTION 7: WARRANTY
www.ApolloGateOpeners.com | (800) 878-7829 | [email protected]
