Controlled Products Systems Group STRONGARMPARK DC 10 - Manual (Page 77)

6623 South 228th St.
Kent, WA 98032-1872
800-321-9947
LIMITED WARRANTY
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 regis-
ter your product with HySecurity within the 60 day period described below.
1. (a) 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 Barrier Arm Operators: Two Years or 1,000,000 gate cycles
(whichever occurs first) after the date of installation. Electromechanical Slide and
Swing Operators: Five Years after the date of installation -unless installed in a sin-
gle 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 including XtremeDrive wheels and rack:
Two Years from date of installation.
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.
1. (b) Warranty Items (Operators Not Purchased from an Au-
thorized 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
1. (c) 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.
1. (d) 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 modifica-
tions 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). It is the responsibility of the distributor or installer to ensure the
software version in the operator is maintained to the latest revision level.
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 pur-
chasers. 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 writ-
ten. 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 DEAL-
ING, 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, noncon-
forming product. HySecurity reserves the right to supply used or reconditioned mate-
rial 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 cov-
erage, 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 NON-
DELIVERY 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 accor-
dance 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.
www.hysecurity.com © 2013 800-321-9947 Limited Warranty D0536 Rev. B