
P83884 K
Sheet 4 of 4
LIMITED WARRANTY
Cooper Wheelock, Inc. dba Cooper Notification and Cooper Notification, Inc. (each, a “Seller”) 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), Underwriter’s Laboratories (UL), 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). Seller 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 (a) three (3) years from date of manufacture with respect to
MEDC and Seller Industrial Signals and Seller Fire and Security Notification Appliances and Devices, or (b) one (1) year from date of manufacture
with respect to Waves and SafePath Voice Evacuation and Mass Notification Systems (date of manufacture is determined by date code.) Correction
of defects by repair or replacement shall be at Seller’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 SELLER
IS INSTALLED IN THE PRODUCT. THE FOREGOING LIMITED WARRANTY SPECIFICALLY EXCLUDES ANY SOFTWARE
REQUIRED FOR THE OPERATION OF OR INCLUDED IN A PRODUCT. SELLER MAKES NO REPRESENTATION OR WARRANTY OF
ANY OTHER KIND, EXPRESS, IMPLIED OR STATUTORY WHETHER AS TO MECHANTABILITY, 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 MISAPPLIACATION, IMPROPER SPECIFICATION, ABUSE, ACCIDENT OR OTHER OPERATING CONDITIONS BEYOND
SELLER’S CONTROL.
SELLER DOES NOT WARRANT 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. SELLER 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 SELLER 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. SELLER
IS NOT LIABLE FOR LABOR COSTS INCURRED IN REMOVAL, REINSTALLATION OR REPAIR OF A PRODUCT BY ANYONE OTHER
THAN SELLER OR FOR DAMAGE OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR
INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNTIVE OR EXEMPLARY DAMAGES. THE FOREGOING SHALL
CONSTITUTE THE SOLE REMEDY OF THE PURCHASER AND THE EXCLUSIVE LIABILITY OF SELLER.
IN NO CASE WILL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR A PRODUCT.
LIMITATION OF LIABILITY
SELLER’S LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE AND BREACH OF WARRNTY, 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. SELLER’S LIABILITY ON ANY CLAIM
OF ANY KIND SHALL CEASE IMMEDIATELY UPON THE INSTALLATION IN THE PRODUCT OF ANY PART NOT FURNISHED BY
SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CLAIM OF ANY KIND UNLESS IT IS PROVEN THAT ITS PRODUCT
WAS THE DIRECT CAUSE OF SUCH CLAIM. FURTHER, IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE,
SHALL SELLER BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
PRECEDING LIMITATION MAY NOT APPLY TO ALL PURCHASERS.
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