Instruction manual

10-1
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.