Common use of Exclusions and Limitations of Certain Damages Clause in Contracts

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;

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 FastenersProducts, 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;

Exclusions and Limitations of Certain Damages. In no event will Fiberon be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, indirect or other, consequential damages based upon the Fiberon Products or Fiberon Fasteners or resulting, directly or indirectly, from any defect in the Fiberon Products or Fiberon FastenersProduct supplied, 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 damagesdamage 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, this Limited Warranty does not cover and Fiberon shall not be liable for any installation, removal or reinstallation costscosts 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 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;; (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