10-2
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 PRECEEDING LIMITATION MAY
NOT APPLY TO ALL PURCHASERS.
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