P83884 J
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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), Underwriters' Laboratories of Canada (ULC), 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 three years from date of manufacture (as determined by date code). 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.
SOME WHEELOCK PRODUCTS CONTAIN SOFTWARE. WITH RESPECT TO THOSE PRODUCTS, WHEELOCK DOES NOT WARRANTY 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
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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