Technical data

SP40S Multi-Function Facility Communication System Manual, Revision L
1
10 Warranty
10.1 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.
10.2 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.