Chapter 10 - Warranty - Wheelock SAFEPATH4 Application, Installation, Operation, And Maintenance Manual

Chapter 10 - Warranty

Limited Warranty
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), Underwriters' Laboratories of Canada (ULC), 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 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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