Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by spills which are not removed promptly. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Da...
Exclusions and Conditions. This warranty excludes and does not apply to: ▪ Normal wear and tear, abuse, neglect, vandalism, alteration, or misuse – all determined by Xxxxxx Seating in its sole discretion. ▪ Acts of God. ▪ Product altered or modified by the user. ▪ User attached accessories. ▪ Consumable Products; light bulbs, lamps, ballasts. ▪ Products not installed by Xxxxxx Seating Approved Installers. ▪ Applied Graphic Solutions. ▪ Products not properly maintained in accordance with Xxxxxx Seating Operating & Maintenance Procedures & Inspection requirements. ▪ Natural variations occurring in wood and/or color fastness and/or variations in matching of colors, grains or textures of materials shall not be considered defects. ▪ Polymer Colors will not fade greater than 5 Delta-E units measured within CIE L*a*b color space. ▪ Powder Coat finish will not fade greater than 5 Delta-E units measured by Hunter L*a*b Color difference per ASTM D2244. ▪ Powder Coat finish will not fade greater than 5 Delta-E units measured by Hunter L*a*b Color difference per ASTM D2244. In the event of repair or replacement of the defective product (or defective component thereof) there is no responsibility for the matching of color, grain, fabric, or texture except to within commercially acceptable standards, as determined by Xxxxxx Seating in its sole discretion. THERE ARE NO OTHER WARRANTIES OTHER THAN THOSE EXPRESSLY STATED ABOVE, WHETHER EXPRESSED OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) UNLESS SPECIFICALLY AGREED TO IN WRITING BY AN OFFICER OF XXXXXX SEATING IN THE SPECIFIC CIRCUMSTANCE. Xxxxxx Seating is not liable (in contract, tort, or otherwise) for any consequential, special, direct, punitive, or incidental damage. XXXXXXXX NOTICE ADDRESS: Xxxxxx Seating Company Attn: Product Warranty 00 Xxxx Xxxxxx Ext. North Berwick, Maine 03906 USA
Exclusions and Conditions. Notwithstanding the foregoing, Borrower shall be entitled to withhold any information and exclude the Board Observer from any meeting, or any portion thereof, (a) if in the good faith determination of the Board, access to such information or attendance at such meeting would adversely affect the attorney-client privilege between Borrower and its counsel; or (b) that relates to matters as to which Borrower reasonably determines that Xxxx Capital, the Board Observer or their respective Affiliates, have or are likely to have a conflict of interest, including, without limitation, discussions relating to any agreement (including the Loan Documents) between Borrower or any Affiliate, on the one hand, and Xxxx Capital, the Administrative Agent, the Lenders, the Board Observer or their respective Affiliates, on the other hand. As a condition of the Board Observer’s right to attend any meeting or receive any information, the Board Observer shall (i) execute a confidentiality agreement in form and substance reasonably acceptable to Borrower and Xxxx Capital with respect to all information and discussions to which the Board Observer will have access and (ii) the Board Observer shall agree to abide by the terms of Borrower’s xxxxxxx xxxxxxx policy as if the Board Observer were a director.
Exclusions and Conditions. Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. Damage arising because the flooring is exposed to extreme cold (beneath 50°F / 10°C) or extreme heat (95°F / 35°C). Damage arising from moisture from plumbing, storm or flood. Damage caused by water or moisture trapped beneath the floor due to improper subflooring or underlayment, including but not limited to damage from hydrostatic pressure (water or moisture under the floor that is transmitted to the surface through exerted pressure) or other conditions that result in water or moisture beneath the floor. Damage caused by moisture left on the floor around the wall base, transitions, and trims. Damages caused by events beyond everyday household spills, including but not limited to flooding, standing water, leaking pipes, mechanical, failures or appliance leaks. Normal wear and tear of the flooring. Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. Damage arising because the flooring is not used under normal conditions. Damage arising from accidents, abuse, misuse, or the use of strong chemicals. Damage caused by an act of God (for example a natural disaster). Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. Flooring that has been damaged or neglected during transportation. Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. Indentations. Damage to click joints or indentation due to heavy rolling loads. Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. Damage caused by shoes having heeltaps or sharp objects protruding from the sole such ...
Exclusions and Conditions. ⚫ Damage arising by not following the present warranty's relevant installation, care, maintenance, and use instructions and the installation instructions provided. ⚫ Damage arising from improper installation (for example, installation on an improper substrate; installation on an unlevelled substrate; improper adhesive was used; installation without bonding test, substrate moisture content test, alkalinity test; adhesive curing time was not respected; etc.), improper care, improper maintenance or improper use. ⚫ Damage arising because the product is exposed to extreme cold or extreme heat as specified in the provided installation manual. ⚫ Damage and adhesive bonding failure caused by exposure to excessive moisture (for example, excessive moisture in a concrete substrate, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the wall panels, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). ⚫ Normal wear and tear of the wall panels. ⚫ Normal changes in color, gloss, grain pattern, and tone (this is normal for wall panels as it ages). ⚫ Damage arising because the product is installed in an outdoor area, a solarium, a porch, a garage, or areas similar to all of these. ⚫ Damage arising because the product is not used under normal conditions. ⚫ Damage arising from accidents, abuse, misuse, or the use of strong chemicals. ⚫ Damage caused by an act of God (for example, a natural disaster). ⚫ Differences in aspect, color, gloss, grain pattern, and tone with the reference wall panel sample in, for example the store or showroom. ⚫ Wall panels that have been damaged or neglected during transportation. ⚫ Indentations. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the product. The affected area must be visible and cover an area bigger than 0.038 inch2 / 25 mm2. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items, and product sold “as is.” It is the responsibility of the purchaser and the installer, whether they are professionals or do-it- yourselfers, to inspect all wall panels and accessories before installation. If during inspection the purchaser or the installer knows/discovers, or can reasonably be supposed to know/discover (for example, when the default is visible), that the panels have a vis...
Exclusions and Conditions. SELLER’S OBLIGATIONS WITH RESPECT TO THE EXPRESS WARRRANTIES AND REMEDIES CONTAINED HEREIN ARE CONDITIONED ON THE FOLLOWING: (1) BUYER’S RETURN OF THE NON-CONFORMING GOODS, AT SELLER’S OPTION, AT BUYER’S COST AND RISK OF LOSS, TO SELLERS PLANT; (2) BUYER SHALL NOT ASSIGN ITS RIGHTS UNDER THESE EXPRESS WARRANTIES AND ANY ATTEMPTD ASSIGNMENT SHALL RENDER SAID WARRANTIES, BUT NOT ANY DISCLAIMERS AND LIMITAIONS, VOID AND THE GOODS SOLD HEREINUNDER SHALL BE SOLD AS IS.
Exclusions and Conditions. The Cloud Service does not include the following:
Exclusions and Conditions seller’s obligations with respect to the express warrranties and remedies contained herein are conditioned on the following: (1) buyer’s return of the non-conforming goods, at seller’s option, at buyer’s cost and risk of loss, to sellers plant; (2) buyer shall not assign its rights under these express warranties and any attemptd assignment shall render said warranties, but not any disclaimers and limitaions, void and the goods sold hereinunder shall be sold as is.
Exclusions and Conditions
