User's Guide

Doc No.: A22270692 Rev. B ECO: 13058 Date: 04/09/19 22
promotion, distribution, sale, installation, set-up, testing, support, maintenance or repair of this product, including work
performed, without Secure Care’s prior written consent in its absolute discretion, by a person who has not satisfactorily completed
Secure Care technical training, or in a manner not consistent with Secure Care technical training; (iii) improper or defective
operation or use of this product by a person who has not successfully completed Secure Care in-service training, or in a manner
not consistent with Secure Care in-service training; (iv) supply of this product by a distributor for use in, or the use of this product
in, any system or configuration not designed to Secure Care standards or in which a distributor or any third party has substituted
materials and/or goods not specified by Secure Care; or (v) deterioration of this product during storage. This liability extends to
voiding the product/system warranty and agency certifications. You will assume all liability for any deviations from the above.
D. You agree to indemnify and hold Secure Care harmless from all claims, costs, damages and liabilities asserted by anyone
for any damages that are excluded and waived, or are intended to be excluded and waived, by this section 3, or which are imposed
by law on behalf of anyone but which are not expressly stated in this general product warranty statement.
E. The exclusions, waivers and limitations on claims, costs, damages and liabilities and any rights of indemnification set forth
in this Section 3 shall be enforceable to the maximum extent allowed by law and shall not be expanded or negated in any respect
by Secure Care’s operation of a “help line” to receive and respond to telephone or dial-in inquires about this product, by any
communications through that “help line” or by any actions taken by anyone following communications with Secure Care over
such “help line.”
4. Governing Law and Arbitration
A. This General Product Warranty Statement, and all questions arising out of or relating to it, shall be governed by and
construed in accordance with the laws of the State of New Hampshire, without giving effect to the conflict of laws provisions
thereof, and excluding the United Nations Convention on contracts for the international sale of goods, the 1974 convention on
the limitation period on the international sale of goods (the “1974 convention”), and the protocol amending the 1974 convention,
done at Vienna April 11, 1980.
B. Any dispute, controversy or claim arising out of or relating to this general product warranty statement shall be resolved by
arbitration. Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator selected by the parties
or, if they cannot agree, by a single arbitrator selected in accordance with the commercial arbitration rules of the American
Arbitration Association without regard to the amount in dispute. The arbitration shall be conducted in English, in accordance
with the commercial arbitration rules of the American Arbitration Association, in Concord, New Hampshire. The decision of the
arbitrator shall be binding and enforceable by any state or federal court in New Hampshire, and you hereby consent to the personal
jurisdiction of any state or federal court in New Hampshire for that purpose. The expense of the arbitration (excluding each
side’s own attorneys' fees, costs, and related expenses) shall initially be paid in equal shares by each side, but the total of such
expenses plus any award of attorneys' fees, cost and expenses shall finally be paid by the parties as the arbitrator determines.
Nothing in this section 4.b shall preclude Secure Care from seeking provisional or equitable relief from any appropriate court to
protect its rights prior to, pending or in the absence of such arbitration proceedings.
5. Severability
The invalidity or unenforceability of any provision of this General Product Warranty Statement shall not affect the validity or
enforceability of any other provision hereof.
6. Waiver
No term or condition of this General Product Warranty Statement may be waived except in writing signed by Secure Care. A
waiver on one or more occasions of any term or condition of this General Product Warranty Statement shall not constitute or be
deemed to be a waiver of such term or condition on any other occasion. No delay or failure of Secure Care to exercise any right
or remedy under this General Product Warranty Statement will operate as a waiver thereof; no failure to enforce or insist upon
compliance with any provision of this General Product Warranty Statement on any one occasion shall be deemed to be a waiver
of Secure Care's right to do so on another occasion; and no course of dealing will constitute a waiver, alteration, limitation or
expansion of any of the parties' rights and obligations under this General Product Warranty Statement.
Revised 02/14/17