General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1, at its sole discretion, that the claim is valid, the buyer's sole remedy, and FIBERWOOD's sole liability to any buyer, for (i) any claim whatsoever related to the FIBERWOOD SHED, (ii) any claim arising from the marketing, purchase, installation, use, storage, possession, or maintenance of the FIBERWOOD SHED (whether arising from contract, warranty, tort, gross negligence, negligence, strict liability, laws or regulations, or otherwise), or (iii) any claim that the FIBERWOOD SHED has not performed as guaranteed herein, is and shall be limited to the replacement or refund by FIBERWOOD of the defective item, prorated as provided in paragraph 3.2. FIBERWOOD shall not be responsible for any expenses and costs directly or indirectly associated with the installation of any replacement item.
3.2 FIBERWOOD's obligation to provide a replacement item shall, when applicable, only be an amount equal to the volume (linear feet) of defective coextruded composite wood boards, prorated as contained herein. FIBERWOOD's replacement obligation allows FIBERWOOD to provide boards or other parts as close as possible to the original installation in terms of color, design, and quality, at the discretion and determination of FIBERWOOD. AT THE SOLE AND ABSOLUTE DISCRETION OF FIBERWOOD, FIBERWOOD MAY CHOOSE TO REIMBURSE THE CURRENT VALUE OF THE DEFECTIVE PRODUCT ON A PRORATED BASIS AS INDICATED UNDER THE RECOVERY CALENDARS BELOW INSTEAD OF REPLACING THE DEFECTIVE PRODUCT ON THE SAME PRORATED BASIS.
3.3 In no event shall FIBERWOOD be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other damages based on the FIBERWOOD SHEDS or resulting directly or indirectly from any defect therein, including, but not limited to, damages, diminution in value, and/or loss of use or enjoyment of any property or any portion thereof, whether based on contract, tort, strict liability, law, regulation, or otherwise, even if FIBERWOOD has been expressly advised of the possibility of such damages. Some provinces may not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you.
3.4 FIBERWOOD does not warrant and is not responsible, and no express or implied warranties shall be deemed to cover, any condition attributable, in whole or in part, to: (i) improper installation of the FIBERWOOD SHEDS and/or non-compliance with FIB...
General Conditions Exclusions and Limitations a. Purchaser’s Sole Remedy.
General Conditions Exclusions and Limitations a) The limited warranty does NOT apply to module(s) sold and/or installed outside the geographic territory of the United States.
General Conditions Exclusions and Limitations. 3.1- The Purchaser’s sole recourse and the sole liability of FIBERDECK SAS towards the Purchaser for (i) any claim related to FIBERDECK® products, (ii) any claim related to the sale, purchase, installation, use, storage, possession or maintenance of FIBERDECK® products (whether this claim is conducted in virtue of a contract, a warranty, tort liability, gross negligence, negligence, strict liability, laws or regulations or others) or (iii) any claim following the non-compliant performance of FIBERDECK® products guaranteed above, shall be the replacement of defective FIBERDECK® products by FIBERDECK SAS. FIBERDECK SAS shall not be responsible for costs related to the installation of the FIBERDECK® substitution product or the elimination of the defective FIBERDECK® product.
General Conditions Exclusions and Limitations. 3.1 The Purchaser’s sole remedy, and Ecoscape UK’s sole liability to the Purchaser, for (i) any claim whatsoever relating to the Ecoscape product, (ii) any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Ecoscape products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or (iii) any claims that the Ecoscape UK products failed to perform as warranted above, is and shall be limited to Ecoscape’s replacement of the defective Ecoscape product. Ecoscape shall not be responsible for the costs associated with the installation of the replacement Ecoscape product or the disposal of the defective Ecoscape product.
3.2 Ecoscape UK’s obligation to provide replacement products shall only be in an amount equal to the volume (square meterage) of defective material as listed on the Pro-rated Warranty Schedule contained herein or the number of defective Ecoscape Fasteners. Ecoscape UK’s replacement obligation allows Ecoscape UK to provide products as close in colour, design and quality to the original installation as reasonably possible, at Ecoscape's discretion and determination. Purchaser acknowledges that Ecoscape UK does not guarantee an exact match as with batching or colours/designs may change. Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. In Ecoscape UK’s sole and absolute discretion, Ecoscape may, at its option, elect to refund the percentage of the original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product.
3.3 Under no circumstances whatsoever shall Ecoscape be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other damages resulting, directly or indirectly, from any defect in the Ecoscape products. 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, regulation or otherwise, even if Ecoscape UK is expressly advised about the possibility of such damages.
3.4 Ecoscape does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to, in whole or in part, to: (i) improper installation of Ecoscape products...
General Conditions Exclusions and Limitations. Prorated Limited Warranty Schedule
General Conditions Exclusions and Limitations. 2.1 To the fullest extent permitted under the law, this warranty shall not cover and Honorwood shall not be responsible for costs and expenses incurred with respect to the removal of defective Xxxxxxxxx products or the installation of replacement materials, including but not limited to labor and freight. Under no circumstance shall HONORWOOD be liable for any damages (of any nature or description whatsoever) which exceed the actual purchase price of the defective product as adjusted on the basis of the prorated warranty schedule provided herein section 2.3.
2.2 To make a claim under this limited warranty, Purchaser shall send to Honorwood, within the warranty period referred to above, a description of the claimed defect and proof of purchase, to the following address: Ningbo Helong New Material Co.,Ltd Exporting Department No218, West Three Farmland Road, Xxxx Xxxxx Town, Cixi City, Zhejiang Province, China 315335
2.3 Prorated Limited Warranty Schedule RECOVERY 10-YEAR Commercial 25-Year Residential Year of claim Year of claim 100% 0-5 years 0-10 years 80% 6 years 11-13 years 60% 7 years 14-16 years 40% 8 years 17-19 years 20% 9 years 20-22 years 10% 10 years 23-25 years
2.4 Honorwood does not warrant against and is not responsible for any condition attributable to:
(1) Improper installation of Honorwood products and/or failure to abide by Xxxxxxxxx’s installation guidelines, including but not limited to improper gapping, fastening, drainage system.
(2) Use of Honorwood products beyond normal use and service conditions, or in an application not recommended by Honorwood’s guidelines and local building codes;
(3) Movement, distortion, collapse or settling of the ground or the supporting structure on which Honorwood products are installed;
(4) Any act of God (such as flooding, hurricane, earthquake, lightning, etc.), any act of war.
(5) Variations or changes in color of Honorwood products;
(6) Color tolerance, fading, distortion, imperceptible crack caused because of long term using.
(7) Improper handling, storage, abuse or neglect of Honorwood products by Purchaser, the transferee or third parties;
(8) Ordinary wear and tear.
2.5 No person or entity is authorized by Xxxxxxxxx to make and Honorwood shall not be bound by any statement or representation as to the quality or performance of Honorwood products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by Xxxxxxxxx and Purchaser.
General Conditions Exclusions and Limitations. 2.1 To the fullest extent permitted under the law, this warranty shall not cover, and Royal Decking shall not be responsible for costs and expenses incurred with respect to the removal of defective Royal Decking products or the installation of replacement materials, including but not limited to labour and freight. Under no circumstance shall Royal Decking be liable for any damages (of any nature or description whatsoever) which exceeds the actual purchase price of the defective product as adjusted on the basis of the prorated warranty schedule provided herein section 2.3
2.2 To make a claim under this limited warranty, the purchaser shell send to Royal Decking, within the warranty period a description of the claim defect, photos demonstrating the defect and proof of purchase to the following email: xxxx@xxxxxxxxxxxx.xx.xx
2.3 Prorated limited warranty schedule: 15 Year Residential: • 0-5 years 100% • 6-7 years 80% • 8-9 years 60% • 10-11 years 40% • 12-13 years 20% • 14-15 years 10% 10 Year Commercial: • 0-5 years 100% • 6 years 80% • 7 years 60% • 8 years 40% • 9 years 20% • 10 years 10%
2.4 Royal Decking does not warrant against and is not responsible for any condition attributed to:
1. Improper installation of Royal Decking and/or failure to abide by Royal Decking installation manual including but not limited to improper gapping, fastening and failure to have all water drained properly from under the deck. The surface bellow the deck must be prepared that no water can accumulate and stand still under it.
2. Use of Royal Decking products beyond normal use and service conditions or in an application not recommended by Royal Decking.
3. Movement, distortion, collapse or settling of the ground or the supporting structure on which Royal Decking products are installed.
4. Any act of God (such as flooding, hurricane, earthquake, lightening, etc.), any act of war.
5. Variations or change in colour of Royal Decking products.
6. Colour tolerance, fading, distortion, imperceptible crack caused of long-term use.
7. Improper handling, storage, abuse or neglect of Royal decking products by the purchaser any other third party.
8. Ordinary wear and tear.
2.5 No person or entity is authorised by Royal Decking to make, and Royal Decking shall not be bound by any statement or representation as to the quality or performance of Royal Decking products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed b...
General Conditions Exclusions and Limitations. 3.1 Purchaser’s sole remedy, and NewTechWood’s sole liability to Purchaser, for (i) any claim whatsoever relating to the NewTechWood product, (ii) any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of NewTechWood products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or (iii) any claims that the NewTechWood products failed to perform as warranted above, is and shall be limited to NewTechWood’s replacement of the defective NewTechWood product. NewTechWood shall not be responsible for the costs associated with the installation of the replacement NewTechWood product or the disposal of the defective NewTechWood product.
3.2 NewTechWood’s obligation to provide replacement product shall only be in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein or the number of defective NewTechWood Fasteners. NewTechWood’s replacement obligation allows NewTechWood to provide products as close in colour, design and quality to the original installation as reasonably possible, in NewTechWood’s discretion and determination. Purchaser acknowledges that NewTechWood does not guarantee an exact match as colors and designs may change. Purchaser agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. In NewTechWood’s sole and absolute discretion, NewTechWood may, at its option, elect to refund the percentage of the original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product. 100% 0-5 years 0-7 years 0-10 years 0-10 years 80% 6 years 8-9 years 11-12 years 11-13 years 60% 7 years 10-11 years 13-14 years 14-16 years 40% 8 years 12-13 years 15-16 years 17-19 years 20% 9 years 14 years 17-18 years 20-22 years 10% 10 years 15 years 19-20 years 23-25 years
3.3 Under no circumstances whatsoever shall NewTechWood be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other, damages based upon the NewTechWood products or resulting, directly or indirectly, from any defect in the NewTechWood products, 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, statut...
General Conditions Exclusions and Limitations. In no event shall the warranty period of any implied warranties be beyond the applicable warranty period identied in sections 1 or 2. This warranty gives you specic legal rights as a Customer, and it will not prevent you from having additional rights based on laws which may vary from jurisdiction to jurisdiction. Neither seller of the PV Modules nor any other person is authorized to make any warranties other than those set forth herein, or to extend the warranty periods set forth above, on behalf of LUBI ELECTRONICS. • The Limited Warranty is offered only to the original Customer and any person to whom the title(s) of the Module(s) was transferred, provided that the PV Modules remain installed at the site where they were originally installed. • Claims under the Limited Warranty must be led within the applicable warranty period for the Limited Warranty to be valid. The sales receipt from the rst Customer purchase, or other reasonable documentary proof is required in order to establish the Warranty Start Date.
(A) Defects and/or failures caused by installations not in conformance with PV Module(s) specications, installation manuals, operation manuals, or labels attached to the PV Module(s);
(B) Defects or failures caused by devices and/or parts other than the PV Module(s) or by mounting methods of such devices and/or parts;
(C) Defects and/or failures caused by defective wiring, installation, or handling;
(D) Defects and/or failures caused by unauthorized maintenance, operation or modication;
(E) Defects and/or failures caused by removal from the original place of installment;
(F) Defects and/or failures caused by repairs not in accordance with LUBI ELECTRONICS’s instructions;
(G) Defects and/or failures caused by inappropriate handling during transportation or storage;
(H) Defects and/or failures caused by external accidents such as re, explosion, and civil disorder;
(I) Defects and/or failures caused by natural forces, acts of God or force majeure event-sand other unforeseen circumstances or causes beyond LUBI Electronics's reasonable control including, but not limited to, earthquakes, typhoons, hurricanes, tornadoes, volcanic action, oods, tsunami, lightning, snow damage, etc.; or
(J) Defects and/or failures caused by smoke and/or other pollution, acid rain, etc. Note: The Limited Warranty does not cover PV Module installation and removal of defective PV Modules or re-installation of the repaired, replaced or additional PV Modules, as well as the ...