Warranty

Price Book 3
|
Effective April 4, 2106
|
800.847.1864
Warranties-12
Warranties
hereafter in effect in the United States of America
that pertain to the Products or the initial sale of
the Products or that pertain to Services. Provided
however, Company is not responsible for obtaining
or maintaining any permits for the performance of
Services or the verication or compliance with any
code requirements relative to the performance of
Services. To the extent any sale of Products or Services
pursuant to this Agreement may require approval of
the U.S. Government, Company’s obligations under
this Agreement are conditioned upon the grant of
such approval and upon compliance by Customer with
any restrictions imposed by the U.S. Government in
connection with such approval. (b) Certain Products are
noted by Company as tested by independent laborato-
ries for compliance with UL and/or ANSI standards. Any
and all modications or alterations to such Products
will void such certication, and Company is not liable
to Customer to certify any modied or altered Product.
(c) In the event the Products are to be used in a nuclear
facility, the Customer shall, prior to such use, arrange
for insurance or governmental indemnity protecting
Company against liability. The Customer hereby
releases and agrees to indemnify Company and its
suppliers for any nuclear damage including, but not
limited to, loss of use, in any manner arising out of the
nuclear incident, whether alleged to be due, in whole
or in part by Company or its suppliers.
19. NO INDUCEMENTS. The parties hereto represent
to each other and each agrees that, neither it nor any
person acting on its behalf has, in contravention of any
applicable law, given or offered to give, or will give
or offer to give, any sum of money or other material
consideration to any person, directly or indirectly, as
an inducement to obtain business hereunder or to
inuence the granting of licenses or other govern-
mental permissions to enter into this Agreement or
perform obligations hereunder.
20. SEVERABILITY. If any provision of this Agreement
is held to be invalid, illegal, or unenforceable under
any statute, regulation, ordinance, executive order, or
other rule of law, that provision will be deemed severed
to the extent necessary to comply with such statute,
regulation, ordinance, order, or rule. In the event such
provision is deemed severed, the parties will negotiate
in good faith to arrive at an alternative arrangement
approximating the original business objective of the
parties. The remaining terms and conditions of this
Agreement will remain in effect.
21. NO IMPLIED WAIVER. The failure of either party
at any time to require performance by the other party
of any provision of this Agreement will in no way affect
the right to require such performance at any time
thereafter, nor will the waiver of either party of a breach
of any provision of this Agreement constitute a waiver
of any succeeding breach of the same or any other
provision.
22. MISCELLANEOUS. (a) This Agreement does not
constitute either party the agent or legal representative
of the other party. Neither party is authorized to create
any obligation on behalf of the other party including,
but not limited to, the obligation for payment of any
service or warranty obligation hereunder. (b) Neither
this Agreement nor any right or obligation hereunder
may be transferred or assigned by either party without
the prior written approval of the other party, except
that Company can transfer or assign this Agreement
or any right or obligation (including, but not limited to
the right to receive payments for any orders) to Schlage
Lock Company, LLC or a Schlage Lock Company, LLC
entity without rst obtaining Customer’s consent. (c)
The rights and remedies herein reserved to Company
will be cumulative and additional to any other or further
rights and remedies provided at law or equity. (d)
Customer does not have the right to setoff or to back
charge against any amounts which become payable
to Company under this Agreement or otherwise. (e)
The ofcial text of this Agreement is in the English
language. If this Agreement is translated into another
language, the English text will govern any question
with respect to interpretation. (f) The headings in this
Agreement are for convenience of reference only and
do not affect the meaning of this Agreement in any
manner.
23. DEFINITIONS. (a) “Agreement” means Schlage
General Terms and Conditions of Sale and Service. (b)
“Company” means Schlage Lock Company, LLC, . (c)
“Customer” means the Buyer. (d) “Buyer” means the
purchaser of products or Services from Company. (e)
“U.S.” means United States of America.