P82030 K
Sheet 17 of 17
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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