Additional Terms and Limitations. The suitability of the Fiberon Products for Purchaser’s property for the installation and use of the Fiberon Products, including but not limited to whether the Fiberon Product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property, is the responsibility of the Purchaser and/or its design professionals, and not that of Fiberon. Fiberon does not provide architectural or engineering services. Fiberon makes no express or implied warranty or representation as to the suitability of the Fiberon Products for, or actual performance, capabilities or operation of the Fiberon Products at, Purchaser’s property or under the conditions of Purchaser’s use. Without limitation on any other provision of this Limited Warranty, all warranties, whether express or implied, and including this Limited Warranty, are void if any one or more of the following applies or occurs: (i) the Fiberon Product or Fiberon Fastener is not installed, maintained and/or used strictly in accordance with Fiberon’s written instructions, and all applicable laws, codes and regulations; (ii) misuse of the product, whether foreseeable or unforeseeable; (iii) failure of proper and timely maintenance or repair; (iv) failure to provide timely notice to Fiberon of any failure or defect of the Fiberon Product or Fiberon Fastener; or
Additional Terms and Limitations. The suitability of the Product for Purchaser’s property for the installation and use of the Product, including but not limited to whether the Product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property, is the responsibility of the Purchaser and/or its design professionals, and not that of the Manufacturer. The Manufacturer does not provide architectural or engineering services. The Manufacturer makes no express or implied warranty or representation as to the suitability of the Product for, or actual performance, capabilities or operation of the Product at, Purchaser’s property or under the conditions of Purchaser’s use. Without limitation on any other provision of this Limited Warranty, all warranties, whether express or implied, and including this Limited Warranty, are void if any one or more of the following applies or occurs: (i) the Product is not installed, maintained and/or used strictly in accordance with the Manufacturer’s written instructions, and all applicable laws, codes and regulations; (ii) misuse of the product, whether foreseeable or unforeseeable; (iii) failure of proper and timely maintenance or repair; (iv) failure to provide timely notice to the Manufacturer of any failure or defect of the Product; or (v) use of fasteners other than the Manufacturer’s branded fasteners or approved hidden fasteners listed on xxxxxxxxxxxxxxxx.xxx to the extent that the Product failures resulted from the use of non-approved fasteners.
Additional Terms and Limitations a. The suitability of the Products for Your property, and the installation and use of the Products, including but not limited to, whether they meet the requirements of any applicable laws, building or safety regulations or similar codes, is the responsibility of You and/or Your design professionals, and not that of Ecodek. Ecodek does not provide architectural or engineering services. Ecodek makes no express or implied warranty or representation as to the suitability of the Products for, or actual performance, capabilities or operation of the Products at Your property or with respect to the conditions of Your use.
b. Ecodek written instructions are available from your Ecodek supplier, your contractor, from Ecodek at xxx.xxxxxx.xx.xx or by writing to Ecodek at the address stated above.
c. No one, including but not limited to, any Ecodek supplier , installer, reseller, agent or employee is authorised to modify, expand or add to this Limited Warranty.
Additional Terms and Limitations. The suitability of the Ecodek Products for Purchaser’s property for the installation and use of the Ecodek Products, including but not limited to whether the Ecodek Product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property, is the responsibility of the Purchaser and/or its design professionals, and not that of Ecodek. Fiberon does not provide architectural or engineering services. Ecodek makes no express or implied warranty or representation as to the suitability of the Ecodek Products for, or actual performance, capabilities or operation of the Ecodek Products at, Purchaser’s property or under the conditions of Purchaser’s use. Without limitation on any other provision of this Limited Warranty, all warranties, whether express or implied, and including this Limited Warranty, are void if any one or more of the following applies or occurs: (1) the Ecodek Product or Ecodek Fastener is not installed, maintained and/or used strictly in accordance with Ecodek written instructions and all applicable laws, codes and regulations; (2) misuse of the product, whether foreseeable or unforeseeable; (3) failure of proper and timely maintenance or repair; (4) failure to provide timely notice to Ecodek of any failure or defect of the Ecodek Product or Ecodek Fastener; or (5) use of fasteners other than the Ecodek- branded fasteners. .
Additional Terms and Limitations. In addition to any other terms and limitations on Seller's indemnification obligations under this Section 16.6:
(i) In connection with any Environmental Claim, Purchaser and Seller, as the case may be, shall act only in a "Commercially Reasonable Manner," which shall mean the most reasonable cost methods for investigation, remediation, removal, corrective action, containment, monitoring and/or other response action permitted by applicable Environmental Laws determined from the perspective of a reasonable business person acting (without regard to the availability of indemnification hereunder) to achieve compliance with Environmental Laws (it being understood that such Commercially Reasonable Manner shall include, where appropriate, the use of risk-based remedies, institutional or engineering controls, or deed restrictions, provided such controls do not unreasonably interfere with Purchaser's use of the Real Property for industrial purposes or Purchaser's ability to conduct the Business in the manner conducted as of the Closing Date).
(ii) Seller shall have no indemnification obligations under this Section 16.6 to the extent Indemnified Environmental Costs result from or are the consequence of any action (including any disclosure, report or other communication from the Purchaser (or its agents) to any governmental entity or other third party or any Phase II environmental investigations or sampling, testing or monitoring of the soil, surface water or groundwater voluntarily performed after the Closing by Purchaser or its agents at the Real Property) that is not (A) in response to a Third Party Claim, (B) required by any Environmental Laws, (C) necessary in connection with a condition first discovered as a result of construction activities at, on or beneath the Real Property or (D) necessary to respond to a condition at, on or beneath the Real Property which, if unaddressed, would reasonably be expected to become the subject of a Third Party Claim (it being understood in the case of each of (C) and (D) that all Indemnified Environmental Costs shall be required by applicable Environmental Laws).
(iii) Seller's indemnification obligations under this Section 16.6 shall be reduced to the extent that as a result of any act, omission or negligence of Purchaser (or its agents) after the Closing Date, the amount of Indemnified Off-Site Environmental Costs or Indemnified Environmental Costs are exacerbated.
(iv) Seller shall have no indemnification obligations under th...
Additional Terms and Limitations. The suitability of the Fiberon Products for Purchaser’s property for the installation and use of the Fiberon Products, including but not limited to whether the Fiberon Product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property, is the responsibility of the Purchaser and/or its design professionals, and not that of Fiberon. Fiberon does not provide architectural or engineering services. Fiberon makes no express or implied warranty or representation as to the suitability of the Fiberon Products for, or actual performance, capabilities or operation of the Fiberon Products at, Purchaser’s property or under the conditions of
Additional Terms and Limitations. The suitability of the Products for Retail Purchaser’s property for the installation and use of the Products, including but not limited to whether the Product meets the requirements of any applicable building or safety code or similar regulation relating to Retail Purchaser’s property, is the responsibility of the Retail Purchaser and/or its design professional, and not that of Avon. Avon does not provide architectural or engineering services. Avon makes no express or implied warranty or representations as to suitability of the Products for, or actual performance, capabilities, or operation of the Products at, Retail Purchaser’s property or under the conditions of Retail Purchaser’s use.
