Exclusions and Limitations of Certain Damages Sample Clauses

Exclusions and Limitations of Certain Damages. In no event will Fiberon be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other, damages based upon the Fiberon Products or Fiberon Fasteners or resulting, directly or indirectly, from any defect in the Fiberon Products or Fiberon Fasteners, including but not limited to damage to, diminution in value of and/or loss of use or enjoyment of, any property or part thereof, whether based on contract, tort, strict liability, statute, regulation or otherwise, even if Fiberon is expressly advised about the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. In addition, this Limited Warranty does not cover and Fiberon shall not be liable for any installation, removal or reinstallation costs. Fiberon does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of Fiberon products and/or failure to abide by Fiberon’s written instructions and any applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping; (2) use of Fiberon Products beyond normal use or in an application not recommended or permitted by Fiberon’s written instructions and applicable laws and building codes;
Sample 1Sample 2Sample 3See All (17)
AutoNDA by SimpleDocs
Exclusions and Limitations of Certain Damages. In no event will Fiberon be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other, damages based upon the Fiberon Products or Fiberon Fasteners or resulting, directly or indirectly, from any defect in the Fiberon Products or Fiberon Fasteners, including but not limited to damage to, diminution in value of and/or loss of use or enjoyment of, any property or part thereof, whether based on contract, tort, strict liability, statute, regulation or otherwise, even if Fiberon is expressly advised about the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you.
Sample 1Sample 2Sample 3See All (16)
Exclusions and Limitations of Certain Damages. In no event will the Manufacturer be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other, damages based upon the Product or Products Fasteners or resulting, directly or indirectly, from any defect in the Product or Product Fasteners, including but not limited to damage to, diminution in value of and/or loss of use or enjoyment of, any property or part thereof, whether based on contract, tort, strict liability, statute, regulation or otherwise, even if the Manufacturer is expressly advised about the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. In addition, this Limited Warranty does not cover and the Manufacturer shall not be liable for any installation, removal or reinstallation costs. The Manufacturer does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of the Products and/or failure to abide by the Manufacturer’s written instructions and any applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping; (2) use of the Product beyond normal
Sample 1
Exclusions and Limitations of Certain Damages. In no event will Ecodek be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special or other damages based upon the Ecodek Products or Ecodek Fasteners or resulting, directly or indirectly, from any defect in the Ecodek Products or Ecodek Fasteners, including but not limited to damage to, diminution in value and/or loss of use or enjoyment of, any property or part thereof, whether based on contract, tort, strict liability, statute, regulation or otherwise, even if Ecodek is expressly advised about the possibility of such damages. Some countries do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. In addition, this Limited Warranty does not cover and Ecodek shall not be liable for any installation, removal or reinstallation costs. Ecodek does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of Ecodek Products and/or failure to abide by Ecodek’s written instructions and any applicable laws or building regulations, including but not limited to improper structural support, fastening, ventilation or spacing; (2) use of Ecodek Products beyond normal use or in an application not recommended or permitted by Ecodek’s written instructions and applicable laws and building regulations; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which Ecodek Products are installed; (4) defects in or failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair; (5) any Act of God (including but not limited to flooding, hurricane, tornado, wind, earthquake, lightning, hail); (6) discolouration, fading, spotting or staining from or caused, in whole or in part, by mould, mildew, other fungal growth, organic materials, metallic oxides or particles (including but not limited to rust or corrosion of any fasteners), dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals (including but not limited to those found in cleaners), or normal weathering (defined as natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any coloured surface to gradually fade, flake, chalk or accumulate dirt or stains);
Sample 1
Exclusions and Limitations of Certain Damages. In no event will Fiberon be liable for any incidental, special, indirect or consequential damages resulting, directly or indirectly, from any defect in the Product supplied, including but not limited to, damage to property. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. In addition, Fiberon shall not be liable for installation, removal or reinstallation costs or for any indirect, punitive, exemplary or consequential damages of any kind, nor shall Fiberon be liable for any loss of use or loss of value of the property (or any part thereof) where the Fiberon Product is installed. Fiberon does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of Fiberon Products and/or failure to abide by Fiberon’s written instructions and any applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping; (2) use of Fiberon Products beyond normal use or in an application not recommended or permitted by Fiberon’s written
Sample 1
Exclusions and Limitations of Certain Damages. In no event will the Manufacturer be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other, damages based upon the Product or Product Fasteners or resulting, directly or indirectly, from any defect in the Product or Product Fasteners, including but not limited to damage to, diminution in value of and/or loss of use or enjoyment of, any property or part thereof, whether based on contract, tort, strict liability, statute, regulation or otherwise, even if the Manufacturer is expressly advised about the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. installation, removal or reinstallation costs. The Manufacturer does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of the Product and/or failure to abide by the Manufacturer’s written instructions and any applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping; (2) use of the Product beyond normal use or in an application not recommended or permitted by the Manufacturer’s written instructions and applicable laws and building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the Product is installed; (4) Defects in or failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair; (5) any Act of God (including but not limited
Sample 1
Exclusions and Limitations of Certain Damages. In no event will Ecodek be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special or other damages based upon the Ecodek Products or Ecodek Fasteners or resulting, directly or indirectly, from any defect in the Ecodek Products or Ecodek Fasteners, including but not limited to damage to, diminution in value and/or loss of use or enjoyment of, any property or part thereof, whether based on contract, tort, strict liability, statute, regulation or otherwise, even if Ecodek is expressly advised about the possibility of such damages. Some countries do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. In addition, this Limited Warranty does not cover and Ecodek shall not be liable for any installation, removal or reinstallation costs. Ecodek does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to:
Sample 1
AutoNDA by SimpleDocs
Exclusions and Limitations of Certain Damages. In no event will Fiberon be liable for any incidental, special, indirect or consequential damages resulting, directly or indirectly, from any defect in the Product supplied, including but not limited to, damage to property. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you. In addition, Fiberon shall not be liable for installation, removal or reinstallation costs or for any indirect, punitive, exemplary or consequential damages of any kind, nor shall Fiberon be liable for any loss of use or loss of value of the property (or any part thereof) where the Fiberon Product is installed. Fiberon does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of Fiberon products and/or failure to abide by Fiberon’s written instructions and any applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping; (2) use of Fiberon Products beyond normal use or in an application not recommended or permitted by Fiberon’s written instructions and applicable laws and building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which Fiberon Products are installed; (4) Defects in or failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair; (5) any Act of God
Sample 1
Exclusions and Limitations of Certain Damages. In no event will Fiberon be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other, damages based upon the Fiberon Products or resulting, directly or indirectly, from any defect in the Fiberon Products. In addition, this Limited Warranty does not cover and Fiberon shall not be liable for any installation, removal or reinstallation costs. Fiberon does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of Fiberon products and/or failure to abide by Fiberon’s written instructions and any applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping; (2) use of Fiberon Products beyond normal use or in an application not recommended or permitted by Fiberon’s written instructions and applicable laws and building codes;
Sample 1

Related to Exclusions and Limitations of Certain Damages

  • Exclusion of Certain Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • Limitations on Damages Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • Limitations on Liability The Custodian shall not be liable for any loss, claim, damage or other liability arising from the following causes:

  • Limitation on Damages IN NO EVENT SHALL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL BE INTERPRETED AND HAVE EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE OR REGULATION.

  • Exclusion and Limitation of Liability a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATA.

Time is Money Join Law Insider Premium to draft better contracts faster.