Controlled Products Systems Group SLIDESMART DC 10F - Manual (Page 147)

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.
1a. Five Year / Seven Year 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 or if the warranty registration form sent with every HySecurity gate operator is
completely filled out 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 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:
c Hydraulic Gate Operator Drive Wheels: Two Years
d Batteries used in all D.C. operators: One Year from date of shipment
from HySecurity.
e 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.
1b. One Year 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
1c. 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.
1d. 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 (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).
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
First User of the product following installation. They do not extend to subsequent
purchasers. Dealer/Installers or First 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.
L
IMITED
W
ARRANTY
April 2010, D0317
Product Warranty & Registration: Go online to www.hysecurity.com and fill out the product warranty and registration form. To extend
operator warranty beyond 1 year, you must fill out and return the registration within 60 days of purchase.