P83676 A
Sheet 5 of 5
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), 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 one year from date of
installation or 18 months from date of manufacture (as determined by date code), whichever first occurs. 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.
WHEELOCK 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 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.
12/97
