AisleCop Products - Additional Terms

This section applies to AisleCop® safety gates and related components supplied by Cisco-Eagle, Inc. ("Cisco-Eagle") (the “Product”) to the purchaser ("Customer"). It supplements the other sections of Cisco-Eagle’s Proposal Terms (the "Proposal Terms”), which otherwise apply in full. If this section conflicts with the Proposal Terms, this section governs as to the Product.

1. Warranty Period and Conditions. The Equipment Warranty in the Proposal Terms applies to the Product for one (1) year from the date of shipment or two million (2,000,000) gate cycles, whichever occurs first, and only while the Product is installed in accordance with Cisco-Eagle’s installation instructions and operated and maintained in accordance with the AisleCop® Installation and Service Manual (the “Manual”). If Cisco-Eagle determines that a defective part cannot practicably be repaired or replaced, Cisco-Eagle may instead refund the portion of the purchase price allocable to that part. Components not manufactured by Cisco-Eagle are covered only by their manufacturer’s warranty, which Cisco-Eagle will pass through to Customer to the extent transferable.

2. Additional Exclusions. In addition to the exclusions in the Proposal Terms, the warranty does not cover any defect or failure caused in whole or in part by: (a) impact or contact by forklifts, vehicles, carts, loads or other objects; (b) failure to inspect and maintain the Product at the intervals stated in the Manual; (c) parts, accessories or attachments not supplied or approved by Cisco-Eagle; (d) installation, relocation or field modification not performed in accordance with Cisco-Eagle’s instructions; (e) electrical supply, wiring, networks, or the floor to which the Product is anchored, where furnished by others; (f) fire alarm, door, RFID or other equipment or systems furnished by others, or their interface with the Product; (g) radio-frequency interference with wireless components; or (h) operation outside the environmental limits stated in the Manual, or pressure washing.

3. DISCLAIMER OF OTHER WARRANTIES. NOTWITHSTANDING ANYTHING IN THE PROPOSAL TERMS, THE WARRANTY AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP DESCRIBED IN PARAGRAPH 1 OF THIS SECTION IS THE ONLY WARRANTY CISCO-EAGLE MAKES FOR THE PRODUCT. CISCO-EAGLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO STATEMENT IN ANY BROCHURE, WEBSITE, LAYOUT DRAWING OR SALES COMMUNICATION CREATES A WARRANTY.

4. No Guarantee of Safety. AisleCop® systems are safety tools that help define and control access where pedestrian and vehicle traffic cross. They do not provide 100% protection from industrial traffic accidents, are not impact-resistant barriers and will not stop forklifts or other industrial vehicles, and are not a substitute for comprehensive workplace safety programs or procedures. The effectiveness of any AisleCop® system depends in part on factors outside the control of Cisco-Eagle. Cisco-Eagle does not represent or warrant that the Product will prevent any accident, injury or loss, or that it complies with any code, standard or certification unless that code, standard or certification is expressly identified in Cisco-Eagle’s quotation.

5. Customer Responsibilities. Customer is solely responsible for: (a) approving the location, configuration and operating mode of each crossing; (b) training all drivers, pedestrians and other personnel, and enforcing the use of designated crossings; (c) inspecting and maintaining the Product as stated in the Manual, and removing from service any Product that is damaged or not functioning properly; (d) providing the guarding, signage, floor marking and other traffic controls appropriate to its facility; (e) all other workplace safety procedures, and compliance with the laws applicable to its workplace; and (f) making the Manual and all warnings available to the personnel who operate, maintain or work near the Product. Customer’s failure to meet these responsibilities is improper use, operation or handling of equipment for purposes of the indemnity in the Proposal Terms.