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fro <br />HySecurity <br />Simple. Reliable. Secure.' <br />WARRANTY <br />1. Warranty. <br />Hy -Security Gate, Inc. ("HySecurity") warrants that at the time of sale each of its <br />products will, in all material respects, conform to its then applicable specification <br />and will be free from defects in material and manufacture. <br />The following additional durational warranties apply to HySecurity products, <br />depending on whether (1) the product is purchased through an authorized <br />HySecurity distributor and (2) whether a timely and complete product registration <br />is submitted to HySecurity. <br />It is therefore important that you register your product with HySecurity, online <br />at www.hysecurity.com/warranty, within the 60 -day period described below. <br />1(a) HySecurity Products Purchased Through Authorized Distributors and <br />Properly Registered <br />For any gate operator product that is purchased from an authorized HySecurity <br />distributor (this excludes product purchased through Internet resellers or any <br />distributor not authorized by HySecurity), if the product registration is completed <br />by the Dealer/Installer/End User within 60 days of the date of purchase, the <br />following warranty terms will apply. HySecurity warrants that the product will <br />remain serviceable for the following periods: <br />a) Hydraulic Industrial Gate Operators: Five Years or 500,000 gate cycles <br />(whichever occurs first) after the date of installation, <br />b) Electromechanical Slide and Swing operators: Five Years after the date of <br />installation—unless installed in a single family residential application, in <br />which case the warranty term shall be Seven Years after the date the <br />product is shipped from HySecurity, <br />c) Electromechanical Barrier Arm Operators: Two Years or 1,000,000 gate <br />cycles (whichever occurs first) after the date of installation, <br />d) Hydraulic Wedge Operators and Electromechanical Surface Mount Wedge <br />Operator: Two Years or 500,000 gate cycles (whichever occurs first) after <br />the date of installation; <br />provided that the preceding 5 -year warranty period in (a) and (b) will not extend <br />beyond seven years from the date that the product was shipped from HySecurity, <br />and the 2 -year warranty period in (c) and (d) will not extend beyond four years <br />from the date that the product was shipped from HySecurity. <br />The preceding warranty durations do not apply to the products or components <br />described below (e -h), which have a shorter warranty period. <br />e) Hydraulic Gate Operator Drive Wheels including XtremeDrive" wheels <br />and rack: Two Years from date of installation. <br />f) AC and DC power supplies, chargers and inverters and HyNet module: <br />Two years from date of installation, except batteries. <br />g) Batteries: One Year from date of shipment from HySecurity. <br />h) Components subject to normal wear including, but not limited to, chains, <br />belts, idler wheels, sprockets and fuses: One Year from date of installation. <br />1(b) HySecurity Products Not Purchased Through an Authorized Distributor or <br />Not Properly Registered within 60 Days <br />For any product that is not purchased from an authorized HySecurity distributor <br />or for which the product registration was not completed by the <br />Dealer/Installer/End User within 60 days of the date of purchase, the following <br />One -Year Limited Warranty will apply: HySecurity warrants that the product will <br />remain serviceable for the following periods, which begin on the date that the <br />product was shipped from HySecurity: <br />a) All Gate Operators: One Year or 100,000 gate cycles whichever comes <br />first. <br />b) AC and DC power supplies, chargers or inverters: One Year. <br />c) HyNet module: One Year. <br />d) Hydraulic Gate Operator Drive Wheels: One Year. <br />1(c) Replacement Parts <br />HySecurity warrants that replacement parts (whether new or reconditioned) will <br />remain serviceable for One Year from the date that the product was shipped from <br />HySecurity or the remaining period of the Gate Operator warranty, whichever is <br />longer. <br />1(d) Limitations and Exclusions Applicable to Each of the Preceding Warranties. <br />The preceding warranties shall not apply to equipment that has been <br />(1) installed, maintained, or used improperly or contrary to instructions; <br />(2) subjected to negligence, accident, vandalism, or damaged by severe weather, <br />wind, flood, fire, terrorism or war; or (3) damaged through improper operation, <br />maintenance, storage or abnormal or extraordinary use or abuse. Any modification <br />made to products will void the warranty unless the modifications are approved in <br />writing by HySecurity in advance of the change (this exclusion does not apply to <br />6623 South 22811: Street <br />Kent, Washington 98032 <br />1-800-321-9947 <br />www.ilysecurity.com <br />normal installation of approved accessories and/or protective devices or sensors). <br />It is the responsibility of the distributor, installer, or End User to ensure that the <br />software version in the product is maintained to the latest revision level. <br />The preceding warranties do not extend to accessories when those items carry <br />another manufacturer's name plate and they are not a part of the base model. <br />HySecurity disclaims all warranties for such accessory components, which carry <br />only the original warranty, if any, of their original manufacturer. HySecurity hereby <br />assigns its rights under such manufacturer warranties—to the extent that such <br />rights are assignable—to Buyer. <br />These warranties extend to HySecurity's Distributors, to the Dealer/Installer, <br />and to the first End User of the product following installation. They do not extend <br />to subsequent purchasers. <br />2. Exclusion of Other Warranties. <br />The warranties contained in Section 1 are the exclusive warranties given by <br />HySecurity and supersede any prior, contrary or additional representations, <br />whether oral or written. Any prior or extrinsic representations or agreements are <br />discharged or nullified. HYSECURITY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER <br />WARRANTIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING ANY <br />WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A <br />PARTICULAR PURPOSE, ANY LIABILITY, FOR INFRINGEMENT, AND ANY IMPLIED <br />WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING, COURSE OF PER- <br />FORMANCE, OR USAGE OF TRADE. <br />3. Buyer's Exclusive Remedies for Any Nonconformity. <br />If a HySecurity product fails to conform to the warranties in Section 1, Buyer <br />must notify and order replacement parts from the Distributor through which the <br />product was purchased within a reasonable time and in no event more than thirty <br />(30) days after the discovery of the nonconformity. HySecurity will investigate and, <br />in the event of a breach, will provide, within a reasonable period of time, one of <br />the following: (1) repair or replacement of any nonconforming products or <br />components or (2) refund of the price upon return of the nonconforming items. <br />HySecurity reserves the right to supply used or reconditioned material for all <br />warranty claims. HySecurity will not be considered to be in breach of or default <br />under this Warranty because of any failure to perform due to conditions beyond <br />its reasonable control, including any force majeure. This warranty does not cover <br />any incidental expenses, including fines or penalties, temporary security, labor, <br />shipping, travel time or standby time that are incurred for inspection or <br />replacement of any nonconforming items. As a condition of warranty coverage, <br />warranty claims must be submitted in accordance with the procedures described <br />on the HySecurity form, "RMA Procedures." <br />THE REMEDY SELECTED BY HYSECURITY IN ACCORDANCE WITH THIS <br />PARAGRAPH SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER FOR ANY <br />BREACH OF WARRANTY. <br />4. Exclusion of Consequential and Incidental Damages. <br />HYSECURITY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR <br />CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR <br />FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS <br />IN THE PRODUCT OR FROM HYSECURITY'S OWN NEGLIGENCE. This exclusion <br />applies regardless of whether such damages are sought for breach of warranty, <br />breach of contract, negligence, or strict liability. This exclusion does not apply to <br />claims for bodily injury or death. <br />5. Severability. <br />If any provision of this warranty is found to be invalid or unenforceable, then <br />the remainder shall have full force and effect. <br />6. Proprietary Rights. <br />HySecurity retains and reserves all right, title, and interest in the intellectual <br />property rights of its products, including any accompanying proprietary software. <br />No ownership of any intellectual property rights in the products or accompanying <br />software is transferred to Distributor, Dealer/Installer or End User. <br />7. Applicable Law. <br />This warranty will be interpreted, construed, and enforced in all respects in <br />accordance with the laws of the State of Washington, without reference to its <br />choice of law principles. The U.N. Convention on Contracts for the International <br />Sale of Goods will not apply to this warranty. <br />HySecurity © 2015 D0317 060515 <br />