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<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
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