Warranty - HySecurity StrongArmPark DC Programming And Operations Manual

1. Warranty.

Hy-Security Gate, Inc. ("HySecurity") warrants that at the time of sale each of its
products will, in all material respects, conform to its then applicable specification and
will be free from defects in material and manu-facture.
The following additional durational warranties apply to HySecurity products,
depending on whether (1) the product is purchased through an authorized
HySecurity distributor and (2) whether a timely and complete product registration 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) HySecurity Products Purchased Through Authorized Distributors and
Properly Registered
For any gate operator product that is purchased from an authorized HySecurity
distributor (this excludes product purchased through internet resellers or any
distributor not authorized by HySecurity), if the product registration is completed
by the Dealer/Installer/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. Hydraulic industrial gate operators hydraulics, controls, and mechanical
components: Five Years or 500,000 gate cycles (whichever occurs first) after
the date of installation,
b. Hydraulic wedge operator hydraulics and controls: Five Years or 500,000
cycles (whichever occurs first) after the date of installation. Wedge
mechanical components: Two Years after the date of installation,
c. Electromechanical Slide and Swing operators: Five Years or 500,000 cycles
(whichever occurs first) after the date of installation, except single family
residential usage, where the warranty term shall be Seven Years after the date
the product was shipped from HySecurity,
d. Electromechanical surface mount wedge operator electronics: Two Years or
500,000 gate cycles (whichever occurs first), after the date of installation,
e. Electromechanical Barrier Arm Operators: Two years or 1,000,000 gate cycles
(whichever occurs first) after the date of installation,
provided that the preceding Five Year warranty period in (a), (b) and (c) will not
extend beyond seven years from the date that the product was shipped from
HySecurity, and the Two Year warranty period in (b), (d) and (e) will not extend
beyond four years from the date that the product was shipped from HySecurity.
The preceding warranty durations do not apply to the products or components
described below (f-i), which have a shorter warranty period.
f. Hydraulic gate operator drive wheels including XtremeDrive™ wheels and
rack: Two Years from date of installation.
g. AC and DC power supplies, chargers and inverters and HyNet™ Gateway:
Two Years from date of installation, except batteries.
h. Batteries: One Year from date of shipment from HySecurity.
i. Components subject to normal wear including, but not limited to, chains,
belts, idler wheels, sprockets and fuses: One Year from date of installation.
1(b) HySecurity Products Not Purchased Through an Authorized Distributor or
Not Properly Registered within 60 Days
For any product that is not purchased from an authorized HySecurity distributor
or for which the product registration was not completed by the Dealer/Installer/
End User within 60 days of the date of purchase, the following One-Year Limited
Warranty will apply: HySecurity warrants that the product will remain serviceable
for the following periods, which begin on the date that the product was shipped
from HySecurity:
a. All gate operators: One Year or 100,000 gate cycles whichever comes first.
b. AC and DC power supplies, chargers or inverters: One Year.
c. HyNet™ Gateway: One Year.
d. Hydraulic gate operator drive wheels: One Year.
1(c) Replacement Parts
HySecurity warrants that replacement parts (whether new or reconditioned) will
remain serviceable for One Year from the date that the product 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 warranties shall not apply to equipment that has been
(1) installed, maintained, or used improperly or contrary to instructions;
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WarrantY
(2) subjected to negligence, accident, vandalism, or damaged by severe
weather, wind, flood, fire, terrorism or war; or (3) damaged through improper
operation, maintenance, storage or abnormal or extraordinary use or abuse. Any
modification made to products will void the warranty unless the modifications are
approved in writing by HySecurity in advance of the change (this exclusion does
not apply to normal installation of approved accessories and/or protective devices
or sensors). It is the responsibility of the distributor, installer, or End User to ensure
that the software version in the product is maintained to the latest revision level.
The preceding warranties do not extend to accessories when those items carry
another manufacturer's name plate and they are not a part of the base model.
HySecurity disclaims all warranties 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 warranties extend to HySecurity's Distributors, to the Dealer/Installer, and
to the first End User of the product following installation. They do not extend to
subsequent purchasers.
2. Exclusion of Other Warranties.
The warranties contained in Section 1 are the exclusive warranties given by
HySecurity and supersede any prior, contrary or additional representations, whether
oral or written. Any prior or extrinsic representations or agreements are discharged
or nullified. HYSECURITY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER
WARRANTIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING ANY
WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, ANY LIABILITY, FOR INFRINGEMENT, AND ANY IMPLIED
WARRANTIES OTHER¬WISE ARISING FROM COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE.
3. Buyer's Exclusive Remedies for Any Nonconformity.
If a HySecurity product fails to conform to the warranties in Section 1, Buyer must
notify and order replacement parts from the Distributor through which the product
was purchased within a reasonable time and in no event more than thirty (30) days
after the discovery of the nonconformity. HySecurity will investigate and, in the event
of a breach, will provide, within a reasonable period of time, 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 reconditioned 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 conditions beyond its reasonable control, including any force majeure.
This warranty does not cover any incidental expenses, including fines or penalties,
temporary security, labor, shipping, travel time or standby time that are incurred for
inspection or replacement of any nonconforming items. As a condition 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 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 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.
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 retains and reserves all right, title, and interest in the intellectual
property rights of its products, including any accompanying proprietary software.
No ownership of any intellectual property rights in the products or accompanying
software 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. Convention on Contracts for the International Sale of
Goods will not apply to this warranty.
MX3636-01 Rev. C 85