P83439 B
Sheet 4 of 4
Limited Warranty
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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