Limited Warranty; List, - HySecurity SlideSmart DC 15 Installation And Reference 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 manufacture. This warranty does not extend to
items listed as "accessories" in HySecurity's price list, 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. The following additional durational warranties apply to HySecurity's products.
The term of these additional warranties is determined by whether (1) the product is
purchased through an authorized HySecurity distributor and (2) whether a timely and
complete warranty registration is submitted to HySecurity. It is therefore important that
you register your product with HySecurity within the 60 day period described below.
1(a) Warranty Items (Registered Gate Operators Purchased
from Authorized Distributors)
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 online Warranty registration is
completed at www.hysecurity.com/warranty within 60 days of the date of purchase
by the dealer/installer and returned to HySecurity within the same 60-day period, the
following Warranty terms will apply. HySecurity will warrant that the product will remain
serviceable for the following periods:
a. Hydraulic Gate Operators: Five Years or 500,000 gate cycles (whichever occurs
first) after the date of installation, or
b. Electromechanical Barrier Arm Operators: Two Years or 1,000,000 gate cycles
(whichever occurs first) after the date of installation, or
c. Electromechanical Slide and Swing operators: Five Years after the date of
installation—unless installed in a single family residential application, in which
case the warranty term shall be Seven Years after the date the product is
shipped from HySecurity; provided that the Five Year warranty period will not
extend beyond Seven Years from the date that the product was shipped from
HySecurity. This warranty does not apply to the components described below,
which have the shorter warranty period indicated:
d. Hydraulic Gate Operator Drive Wheels including XtremeDrive™ wheels and rack:
Two Years from date of installation.
e. Batteries used in all D.C. operators, inverters or other battery powered devices:
One Year from date of shipment from HySecurity.
f. Items subject to normal wear including, but not limited to, chains, belts, idler
wheels, sprockets, fuses and motor brushes: One Year from date of installation.
1(b) Warranty Items (Operators Not Purchased from an
Authorized Distributor or Registered within 60 Days)
For any gate operator product that is not purchased from an authorized HySecurity
distributor or for which the online Warranty registration or warranty registration form
sent with every HySecurity operator was not filled out completely or not returned to
HySecurity within 60 days of the date of purchase by the dealer/installer, the following
One-Year Warranty will apply to that product: 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. 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.
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
or maintained improperly or contrary to instructions; (2) subjected to negligence,
accident, vandalism, or damaged by severe weather, wind, flood, fire, or war; or
www.hysecurity.com © 2014 800-321-9947

LIMITED WARRANTY

(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 the software version in the operator is maintained to the latest
revision level.
THESE ARE THE ONLY WARRANTIES GIVEN BY HYSECURITY
AND ARE IN PLACE OF ALL OTHERS.
These warranties extend to HySecurity's Distributors, to the Dealer/Installer, and to
the End User of the product following installation. They do not extend to subsequent
purchasers. Dealer/Installers or End Users may receive a replacement HySecurity
Warranty form by calling HySecurity at 800-321-9947.
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, AND ANY IMPLIED WARRANTIES OTHERWISE 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. Replacement goods will conform
to this warranty for the unexpired duration of the warranty period for the original,
nonconforming product. HySecurity reserves the right to supply used or reconditioned
material for all warranty claims. This warranty does not cover or extend to any
incidental expenses, including 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 following
paragraph.
THE REMEDY SELECTED BY HYSECURITY IN ACCORDANCE WITH THIS
PARAGRAPH SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER
FOR ANY BREACH OF WARRANTY. IN NO EVENT SHALL HYSECURITY BE
OBLIGATED TO INDEMNIFY BUYER FOR ANY BREACH OF WARRANTY.
For warranty coverage, you must follow the procedures described on HySecurity's form,
"RMA Procedures." A current version of the form is available from HySecurity.
4. Exclusion of Consequential and Incidental Damages.
IN NO EVENT SHALL HYSECURITY BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT, 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 OR OTHER TORT.
This exclusion applies regardless of whether such damages are sought for breach of
warranty, breach of contract, negligence, or strict liability in tort or under any other
legal theory. 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, and the invalid provision shall be partially
enforced to the maximum extent permitted by law to effectuate the purpose of the
agreement.
6. 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.
Limited Warranty
6623 South 228th St.
Kent, WA 98032-1872
800-321-9947