HySecurity UL 325 Quick Start - Supplemental Instructions page 47

1. Warranty.
Hy-Security Gate, Inc. ("HySecurity") warrants that at the time of sale each of its prod-
ucts will, in all material respects, conform to its then applicable specification and will be
free from defects in material and manufacture.
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
www.hysecurity.com), 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 dis-
tributor 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 service-
able for the following periods:
a. Hydraulic Industrial Gate Operators: Five Years or 500,000 gate cycles
(whichever occurs first) after the date of installation,
b. 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,
c. Electromechanical Barrier Arm Operators: Two Years or 1,000,000 gate cycles
(whichever occurs first) after the date of installation,
d. Hydraulic Wedge Operators and Electromechanical Surface Mount Wedge
Operator: Two Years or 500,000 gate cycles (whichever occurs first) after the
date of installation;
provided that the preceding 5-year warranty period in (a) and (b) will not extend
beyond seven years from the date that the product was shipped from HySecurity,
and the 2-year warranty period in (c) and (d) 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 (e-h), which have a shorter warranty period.
e. Hydraulic Gate Operator Drive Wheels including XtremeDrive™ wheels and
rack: Two Years from date of installation.
f. AC and DC power supplies, chargers and inverters and HyNet module: Two
years from date of installation, except batteries.
g. Batteries: One Year from date of shipment from HySecurity.
h. 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 module: 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; (2) subjected to negli-
gence, accident, vandalism, or damaged by severe weather, wind, flood, fire, ter-
rorism or war; or (3) damaged through improper operation, maintenance, storage
or abnormal or extraordinary use or abuse. Any modification made to products will
Warranty D0317 revised June 5, 2015
www.hysecurity.com
WARRANTY
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 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. HySecurity reserves the right to supply
used or reconditioned material for all warranty claims. HySecurity will not be consid-
ered 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 war-
ranty 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, war-
ranty 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 CONSE-
QUENTIAL 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 trans-
ferred 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 prin-
ciples. The U.N. Convention on Contracts for the International Sale of Goods will not
apply to this warranty.
Wiring HySecurity Sensors: Smart DC D0726 Rev. J 47