Locinox FortiMa SD-K Magnetic Child Safety Swimming Pool Gate Latch

GATE CLOSER PRODUCT LIABILITY DISCLAIMER
TERMS OF USE, WARRANTY & LIABILITY WAIVER

Locinox NV and Locinox USA LLC. offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Locinox’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 30 days from the date of purchase to return the unused & unopened product.

Terms of use

This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.

Inspect Before Each Use

This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Locinox NV or Locinox USA. LLC. for a repair or replacement.

Exclusive Obligation

This product has been designed for closing gates, but it was neither designed nor manufactured to warrant a closed gate.

Limited Replacement Warranty

Locinox warrants the Products against defects in materials and workmanship under “Normal Use” for a period of three (3) years from the date of purchase or achieving 500,000 cycles, whichever comes first. “Normal Use” is described as manually opening a gate, but not beyond the maximum opening angle as specified in Locinox Product Literature and on the Locinox website, and letting it shut automatically; as can be witnessed in the Locinox installation videos on the Locinox website under the Video Zone (respectively Samson-2, Samson Chainlink, Tiger, Mammoth, Verticlose-2, VTC-2 Wall, Lion and Rhino Installation Videos).

Professional Installation & Assumption of Risk

Locinox Products should be installed only by professional installers or manufacturers and must be correctly installed according to the installation instructions that are joined with the Product.

More specifically, YOU SHOULD use the pre-mounted Quick-Fix anchor bolts (each bolt has 2,000 lbs holding force). You should follow the instructions for the installation of your closer, and if you have questions contact Locinox. You SHOULD DRILL THE HOLES IN THE POST AND GATE PROFILE ACCORDING TO THE EXACT SPECIFICATIONS ON THE INSTALLATION MANUAL. Drilling holes which are too wide might risk the gate to fall off. You should use the existing holes of the product itself and the mounting hardware. You should install in the correct direction.

More specifically, YOU SHOULD NOT USE YOUR OWN FIXATION BOLTS, or DRILL & TAP for installation. YOU SHOULD NOT ADJUST THE FORCE of the closer without contacting tech support. YOU SHOULD NOT DRILL OR BOLT THROUGH THE PRODUCT MATERIAL BECAUSE YOU BELIEVE IT WILL MAKE FOR A STRONGER CONNECTION. YOU SHOULD NOT INSTALL THE WRONG SIDE UP OR ON THE WRONG SIDE ON THE POST. ALL OF THE ABOVE ARE CONSIDERED FAULTY INSTALLATION AND WILL VOID YOUR PRODUCT WARRANTY.

By buying, using, or allowing the use of products of Locinox NV or Locinox USA, LLC. products, you understand and agree that the installation or manipulation of gates and fences requires a specific skillset and experience brought forward by industry experts, and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE OR AFTER INSTALLATION OR MANIPULATION OF THESE PRODUCTS WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Locinox NV or Locinox USA, LLC. including but not limited to product malfunction from whatever cause, or any other fault of Locinox NV or Locinox USA, LLC. Additionally, you agree to indemnify, defend, and hold Locinox NV or Locinox USA, LLC. harmless from any third party claims arising from such installation or use.

Improper Installation

This warranty does not cover damage due to improper installation, repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by Locinox to service your Locinox Product. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state (and jurisdiction to jurisdiction).

Severe Weather Conditions & Force Majeur

Products sold by Locinox have been specifically designed for outdoor conditions. However, this warranty does not cover defects due to normal wear and tear or aging (e.g. discoloration), or flaws or damages resulting from continued exposure to severe weather conditions (humidity, temperature, salinity, erosion, etc…). This warranty does not cover damage (i) due to acts of God, other forces beyond our reasonable control, such as internet or power outages, wars, riots, terrorism, labor disputes, earthquakes, floods or other events of “force majeure,” accident, misuse, abuse, negligence, commercial use or modification of, or to any part of your Product; (ii) caused by any third party product, service or system, use of the Product for purposes other than for which the Product was designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Product in violation of written instructions provided by Locinox (which may be provided at the time of purchase or on its website at http://www.Locinox.com).

Scope of and Limitation of Warranty.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED AND ARE LIMITED TO THE INITIAL PURCHASER. LOCINOX DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, LOCINOX LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT LOCINOX’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

Limitation of Damages.

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LOCINOX NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES
 OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES AND LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF LOCINOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCINOX ’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE DEVICE THAT CAUSED SUCH DAMAGE.

Entire Obligation

The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Locinox with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Applicable Law

Your order from Locinox NV, and this disclaimer statement are governed by the laws of Belgium. Your order from Locinox USA LLC., and this disclaimer statement are governed by the laws of Illinois, USA. You hereby consent to the exclusive jurisdiction of the respective courts of Belgium or Illinois, USA., in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Modification of Terms and Conditions

Locinox reserves the right to change the terms, conditions, and notices under which its products are offered.