Hy-Security Gate, Inc. (“HySecurity”) warrants that at the time of sale, each Nice-branded gate operator product that it sells will, in all material respects, conform to the then applicable specification for the product and will be free from defects in material and manufacture.
The following additional durational warranties apply to products purchased through a distributor authorized by HySecurity to sell Nice products (“Authorized Distributor”), depending on whether (1) the product is purchased through an Authorized Distributor and (2) whether a timely and complete product registration is submitted to HySecurity.
It is therefore important that you register your product with HySecurity, online, within the 60-day period described below.
1(a) Nice-branded Products Purchased Through Authorized Distributors and Properly Registered
For any gate operator product that is purchased from an Authorized Distributor (this excludes product purchased through internet resellers or any distributor not authorized by HySecurity to sell Nice products), if the product registration is completed by the Dealer/Installer or End User within 60 days of the date of purchase, the following warranty terms will apply. HySecurity warrants that the product will remain serviceable for the following periods:
- Electromechanical pad-mounted Slide and Swing operators: Three Years after the date of installation,
- Electromechanical linear actuator Swing operators: Three Years after the date of installation,
- Electromechanical barrier arm operators: Three Years after the date of installation,
- Nice-branded accessories: Three Years after the date of installation,
provided that the Three-Year warranty period in (a), (b), or (c) will not extend beyond four years from the date that the product was shipped from HySecurity. The preceding warranty durations do not apply to the products or components described below (e-f), which have a shorter warranty period:
- Batteries: One Year from date of shipment from HySecurity.
- Components subject to normal wear including, but not limited to, chains, belts, idler wheels, sprockets and fuses: One Year from date of installation.
1(b) Nice Products Not Purchased Through an Authorized Distributor or Not Properly Registered within 60 Days
For any product that is not purchased from an Authorized Distributor or for which the product registration was not completed by the Dealer/Installer/End User within sixty (60) days of the date of purchase, the following Two-Year Limited Warranty will apply: HySecurity warrants that the product will remain serviceable for Two Years from the date that the product was shipped from HySecurity.
1(c) Replacement Parts
HySecurity warrants that replacement parts (whether new or reconditioned) will remain serviceable for One Year from the date that the part was shipped from HySecurity or the remaining period of the Gate Operator warranty, whichever is longer.
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, maintained, or used improperly or contrary to instructions; (2) subjected to negligence, accident, vandalism, or damaged by severe weather, wind, flood, fire, terrorism 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 modifications 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, Dealer/Installer, or End User to ensure that the software version in the product is maintained to the latest revision level.
The preceding warranties do not extend to accessories when those items carry the name plate of a manufacturer other than HySecurity or Nice 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.
These warranties extend to HySecurity’s Distributors, to the Dealer/Installer, and to the first End User of the product following installation. They do not extend to subsequent purchasers.
2. Limitation of Certain Implied Warranties and Exclusion of Other Warranties.
The warranties contained in Section 1 are the exclusive express warranties given by HySecurity and supersede any previous, contrary or additional representations, whether oral or written. Any prior or extrinsic representations or agreements are discharged or nullified. ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO PERIOD OF THE APPLICABLE EXPRESS WARRANTY FOR THE PRODUCT OR COMPONENT. HYSECURITY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES—INCLUDING ANY LIABILITY FOR INFRINGEMENT, AND ANY WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
3. Buyer’s Exclusive Remedies for Any Nonconformity.
If a Nice 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. HySecurity reserves the right to supply used or reconditioned material for all warranty claims. HySecurity will not be considered to be in breach of or default under this Warranty because of any failure to perform due to conditions beyond its reasonable control, including any force majeure. This warranty does not cover any incidental expenses, including fines or penalties, temporary security, labor, shipping, travel time or standby time that are incurred for inspection or replacement of any nonconforming items. As a condition of warranty coverage, warranty claims must be submitted in accordance with the procedures described on the HySecurity form, “RMA Procedures.”
THE REMEDY SELECTED BY HYSECURITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER FOR ANY BREACH OF WARRANTY.
4. Exclusion of Consequential and Incidental Damages.
HYSECURITY AND NICE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM HYSECURITY’S OR NICE’S OWN NEGLIGENCE. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability. This exclusion does not apply to claims for bodily injury or death.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision of this warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect.
6. Proprietary Rights.
HySecurity and Nice retain and reserve all right, title, and interest in the intellectual property rights of their products, including any accompanying proprietary software. No ownership of any intellectual property rights in the products or accompanying software is transferred to Distributor, Dealer/Installer, or End User.
7. Applicable Law.
This warranty will be interpreted, construed, and enforced in all respects in accordance 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.
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