Common use of Additional Terms and Limitations Clause in Contracts

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

Appears in 14 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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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 (v) use of fasteners other than the Fiberon branded fasteners or approved hidden fasteners listed on xxxxxxxxxxxxxx.xxx to the extent that the Fiberon Product or Fiberon Fastener; orfailures resulted from the use of non-approved fasteners.

Appears in 5 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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 installation, maintenance and use 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 Product; or (v) use of fasteners other than the Fiberon Fastener; orbranded fasteners or approved hidden fasteners listed on xxx.xxxxxxxxxxxxxx.xxx if it is determined that deck board failures resulted from the use of non-approved fasteners.

Appears in 5 contracts

Samples: Warranty, Warranty, Warranty

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; oror (v) use of fasteners other than the Fiberon branded fasteners or approved hidden fasteners listed on xxxxxxxxxxxxxx.xxx to the extent that the Fiberon Product failures resulted from the use of non-approved fasteners.

Appears in 5 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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; oror (v) use of fasteners other than the Fiberon branded fasteners or approved hidden fasteners listed on xxx.xxxxxxxxxxxxxx.xxx to the extent that the Fiberon Product failures resulted from the use of non-approved fasteners.

Appears in 4 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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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: (i1) 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; (ii2) misuse of the product, whether foreseeable or unforeseeable; (iii3) failure of proper and timely maintenance or repair; (iv4) failure to provide timely notice to Fiberon of any failure or defect of the Fiberon Product or Fiberon Fastener; oror (5) use of fasteners other than the Fiberon- branded fasteners or approved hidden fasteners listed on xxx.xxxxxxxxxxxxxx.xxx to the extent that the Fiberon Product failures resulted from the use of non-approved fasteners.

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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, 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

Appears in 1 contract

Samples: Limited Warranty

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 productProduct, 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 Product; or (v) use of fasteners other than the Fiberon Fastener; orbranded fasteners or approved hidden fasteners listed on xxx.xxxxxxxxxxxxxx.xxx if it is determined that deck board failures resulted from the use of non-approved fasteners.

Appears in 1 contract

Samples: Limited Warranty

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