FAC of America warrants that the MIRT™ Traffic
Preemption Device will be delivered in a sellable condition. FAC further
warrants that, provided the system has been properly installed, operated,
and maintained by the purchaser, FAC will, at its option, either repair or
replace any system component, or components except xenon strobe lamps or
flash-tubes, found to be defective in materials and/or workmanship within
(10) ten years from the date of shipment from FAC. Xenon strobe lamps or
lash-tubes are warranted for (2) two full years from the date of shipment
from FAC. FAC has developed and tested each MIRT™ Traffic Preemption
Device. MIRT™ may be used in mixed systems side by side with the 3M
Opticom™ System on a system wide basis. FAC further warrants that its
MIRT™ Device is compatible with 3M’s Opticom™ System, except for vehicle
ID information, and assumes overall system performance. Sale and use of
the MIRT™ Traffic Preemption Device is expressly restricted to authorized
agencies of the federal, state, and local governments within their
respective jurisdictions. However, because the optical signal generated by
STROBECOM™ or OPTICON™ is not exclusive, FAC cannot ensure exclusive
activation by the purchaser. It is recommended that authorized users who
desire to use their MIRT™ emitters with other jurisdictions first obtain
prior written approval of each jurisdiction where use is sought. This
warranty does not cover damage to any component due to ordinary wear and
tear, misuse, neglect, or accident, or any damage done by extreme
atmospheric or weather-related conditions, including chemical, corrosion,
hail, windstorm, lightning, or flooding, or any system component which has
been repaired or modified by persons not authorized by FAC so that in
FAC’s sole judgment, the stability or reliability of such component is
adversely affected. THIS WARRANTY IS MADE IN LIEU OF ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND
BEYOND THE DESCRIPTION HEREIN. THERE ARE NO WARRANTIES EXPRESSED OR
IMPLIED OR ANY AFFIRMATION OF FACT OR REPRESENTATION EXCEPT AS SET FORTH
HEREIN. WARRANTY APPLIES ONLY TO RETURNED DEFECTED PRODUCT FROM AUTHORIZED
END USER AND DOES NOT APPLY TO DISTRIBUTOR OR RETAILER
IN NO EVENT SHALL FAC OF AMERICA, INC BE HELD LIABLE IN CONTRACT OR IN
TORT FOR ANY INJURY, LOSS, OR DAMAGE, WHETHER NON SPECIFIED DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OR
INABILITY TO USE THE MIRT™ SYSTEM OR ANY COMPONENT THEREOF REGARDLESS OF
THE LEGAL THEORY ASSERTED..
FAC of America, Inc as sole responsibility and liability, and
purchaser’s exclusive remedy shall be limited to the repair or
replacement, at FAC’s option, of a part or parts not so conforming to the
warranty. All products requiring warranty service shall be returned to FAC
shipping prepaid. FAC will return repaired or replaced products to the
purchaser via prepaid ground transportation. In no event shall FAC of
America, Inc be liable for damages of any nature, including incidental or
consequential damages, including but not limited To, any damages of any
nature, including but not limited to any damages resulting from
non-conformity, defect in material or workmanship.
Please direct any inquiries regarding our product
warranties to:
