Warranty Statement - Wheelock POWERPATH PS-12-24-8 Installation Instructions Manual

ANY MATERIAL EXTRAPOLATED FROM THIS DOCUMENT OR FROM WHEELOCK MANUALS OR OTHER
DOCUMENTS DESCRIBING THE PRODUCT FOR USE IN PROMOTIONAL OR ADVERTISING CLAIMS, OR
FOR ANY OTHER USE, INCLUDING DESCRIPTION OF THE PRODUCT'S APPLICATION, OPERATION.
INSTALLATION AND TESTING IS USED AT THE SOLE RISK OF THE USER, AND WHEELOCK WILL NOT
HAVE ANY LIABILITY FOR SUCH USE.

6.0 WARRANTY STATEMENT

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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