Common use of Exclusions and Conditions Clause in Contracts

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. This warranty excludes and does not apply to: ▪ Feet, Glides and Casters. ▪ 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. ▪ Seating Upholstery materials will be provided with a pass through warranty as supported by the selected upholstery mill, fabric line and color SKU. ▪ Applied Graphic Solutions. ▪ Products not properly maintained in accordance with Xxxxxx Seating Operating & Maintenance Procedures & Inspection requirementsInspections. ▪ Customers Own and/or Specified Materials, leathers, and non- standard material and color finishes whether purchased by the customer or Xxxxxx Seating Company. ▪ Natural variations occurring in wood and leather and/or color fastness and/or an /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 *NOTE on Weather Fighter chairs: This is a weather resistant chair only – it is not fade greater warranted to be weather proof. Clarin by Xxxxxx Seating does not recommend keeping or storing chairs outdoors where they are exposed directly to rain or other extreme weather conditions for an extended period of time (i.e. longer than 5 Delta-E units measured one day) without being stored inside and dried completely. Clarin by Hunter L*a*b Color difference per ASTM D2244Xxxxxx Seating’s warrant does not cover defects caused by direct exposure to rain or other extreme weather conditions for extended periods of time. 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 USAUSA Product Line Warranty: Clarin by Xxxxxx Seating™ Multi-Purpose Chairs and Tables: Equinox™, Lunar™, Latitude™, Ciélo™, Solstice™, Ellipsis™, Meridian™, Infiniti™, Compass™, Traditional Collection, Beam, Pedestal and Jury Base Seating and The Self-Returning Swivel Seat. Clarin by Xxxxxx Seating™ Portable Folding Chairs, Stools & Storage Carts.

Exclusions and Conditions. This warranty excludes and does not apply to: ▪ Feet, Glides and Casters. ▪ 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. ▪ Seating Upholstery materials will be provided with a pass through warranty as supported by the selected upholstery mill, fabric line and color SKU. ▪ Applied Graphic Solutions. ▪ Products not properly maintained in accordance with Xxxxxx Seating Operating & Maintenance Procedures & Inspection requirementsInspections. ▪ Customers Own and/or Specified Materials, leathers, and non- standard material and color finishes whether purchased by the customer or Xxxxxx Seating Company. ▪ Natural variations occurring in wood and leather and/or color fastness and/or an /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 *NOTE on Weather Fighter chairs: This is a weather resistant chair only – it is not fade greater warranted to be weather proof. Clarin by Xxxxxx Seating does not recommend keeping or storing chairs outdoors where they are exposed directly to rain or other extreme weather conditions for an extended period of time (i.e. longer than 5 Delta-E units measured one day) without being stored inside and dried completely. Clarin by Hunter L*a*b Color difference per ASTM D2244Xxxxxx Seating’s warrant does not cover defects caused by direct exposure to rain or other extreme weather conditions for extended periods of time. 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. 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. This warranty excludes and does not apply to: ▪ Normal Conditions other than normal wear and tear, of abuse, of neglect, of vandalism, alteration, or of 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. ▪ Seating Upholstery materials will be provided with a pass through warranty as supported by the selected upholstery mill, fabric line and color SKU. ▪ Applied Graphic Solutions. ▪ Products not properly maintained in accordance with Xxxxxx Seating Operating & Maintenance Procedures & Inspection requirementsInspections. ▪ Customers Own and / or Specified Materials, leathers , and non standard material and color finishes whether purchased by the customer or Xxxxxx Seating Company. ▪ Natural variations occurring in wood and/or and leather and / or color fastness and/or 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 thereofthere of) 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, consequential or incidental damagedamage arising from any product defect. XXXXXXXX WARRANTY NOTICE ADDRESS: Xxxxxx Seating Company Attn: Customer Services & Product Warranty Team 00 Xxxx Xxxxxx Ext. North Berwick, Maine 03906 USAUSA Product Line Warranty: Quattro Seating Collection, Metro Seating Collection, Gallery 3 Seating Collection and Sports & Entertainment Seating Collection xxx.xxxxxxxxxxxxx.xxx | HSC Standard Product Warranty | Interior Fixed & Portable Seating Collections | APR 2015 Product Warranty PERMA-CAP® Xxxxxx Seating Company provides the following warranty to the owner and operator of the facility in which Xxxxxx Seating Products were purchased and installed in North America. The warranty period begins on the “date of purchase" shall be the date that the product is shipped from Xxxxxx Seating Company. This warranty shall be void if the product has not been paid for in full.