CBOX936
INSTALLATION AND PROGRAMMING MANUAL
51
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
Branded Product
Warranty D0920
Revised
101519
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
ti
me of sale, each
Nice-
branded gate operator product that it sells will, in all material respects,
conform to the then applicable specifica
ti
on for the product and will be free from
defects in material and manufacture.
The following addi
ti
onal dura
ti
onal warran
ti
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
ti
mely and complete product registra
tion
is submitted 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
registrati
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:
Three years
a
fter the date of installa
ti
on,
b) Electromechanical linear actuator Swing operators:
Three years a
ft
er the
date of installa
ti
on,
c) Electromechanical barrier arm operators:
Three years
after
the date of
installa
ti
on,
d) Nice
-
branded accessories:
Three years
after
the date of installa
ti
on,
provided that
the Three-
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
ti
ons do not apply to the products or
components described below (e
-
f), which have a shorter
warranty period:
e) Batteries: 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
ti
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 Distributor or for
which the product registra
ti
on was not completed by the Dealer/Installer/End User
within
sixty (60) days of the date of purchase, the following
Two-Year Limited
Warranty
will apply: HySecurity warrants that the product will remain serviceable
for
Two Years
from the date that the product was shipped from HySecurity.
1(c) Replacement Parts
HySecurity warrants that replacement parts (whether new or recondi
ti
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) Limitations and Exclusions Applicable to Each of the Preceding Warranties.
The preceding warran
ti
es shall not apply to equipment that has been (1)
installed, maintained, or used improperly or contrary to instruc
ti
ons; (2) subjected
to negligence, accident, vandalism, or damaged by severe weather, wind, flood,
fire, terrorism or war; or (3) damaged through improper opera
ti
on, maintenance,
storage or abnormal or extraordinary use or abuse. Any modifica
ti
on made to
products will void the warranty unless the modifica
ti
ons are approved in wri
ting by
HySecurity in advance of the change (this exclusion does not apply to normal
installa
ti
on of approved accessories and/or protec
ti
ve devices or sensors). It is the
responsibility of the Distributor, Dealer/Installer, or End User to ensure that the
software
version in the product is maintained to the latest revision level.
The preceding warran
ti
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
ti
es 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.
These warranti
es extend to HySecurity’s Distributors, to the Dealer/Installer, and to
the first End User of the product following installa
ti
on. They do not extend to
subsequent purchasers.
2. Limitation of Certain Implied Warranties and
Exclusion of Other Warranties.
The warranti
es contained in Sec
ti
on 1 are the exclusive express warran
ties
given by HySecurity and supersede any previous, contrary or addi
ti
onal
representati
ons, whether oral or written. Any prior or extrinsic representa
tions or
agreements are discharged or nullified. ANY IMPLIED WARRANTIES, INCLUDING
ANY
WARRANTY OF MERCHANTABILITY
OR
WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE
, ARE LIMITED
I
N D
URATION TO PERIOD O
F T
HE 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
ti
ons on how long an implied warranty lasts, so
the above limita
ti
on may not apply to you.
3. Buyer’s Exclusive Remedies for Any Nonconformity.
If a Nice product fails to conform to the warran
ti
es in Sec
ti
on 1, Buyer must
noti
fy and order replacement parts from the Distributor through which the product
was purchased within a reasonable
ti
me and in no event more than thirty (30) days
after
the discovery of the nonconformity. HySecurity will inves
ti
gate and, in the
event of a breach, will provide, within a reasonable period of
ti
me, 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. HySecurity
reserves the right to supply used or recondi
ti
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
ti
ons beyond its reasonable control,
including any force majeure. This warranty does not cover any incidental expenses,
including fines or penal
ti
es, temporary security, labor, shipping, travel
ti
me or
standby
ti
me that are incurred for
inspecti
on or replacement of any nonconforming
items. As a condi
ti
on of warranty coverage, warranty claims must be submitted in
accordance with the procedures described on the 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 Consequential 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
exclusion 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
ti
on of incidental or
consequen
ti
al damages, so the above limita
ti
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.
HySecurity and Nice retain and reserve all right,
ti
tle, and interest in the
intellectual property rights of their products, including any accompanying
proprietary
software. 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 13:
WARRANTY
www.ApolloGateOpeners.com | (800) 878-7829 | [email protected]
