Common use of General Conditions Exclusions and Limitations Clause in Contracts

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 FIBERWOOD's written installation instructions, including but not limited to the installation of the shed on a base other than a level and crack-free concrete slab, (ii) non-compliance with FIBERWOOD's written use, maintenance, or safety instructions,

General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1, at its sole discretion, that the claim is valid, the buyer's Purchaser’s sole remedy, and FIBERWOOD's NewTechWood’s sole liability to any buyerPurchaser, for (i) any claim whatsoever related relating to the FIBERWOOD SHEDNewTechWood product, (ii) any claim claims arising from out of the marketing, purchase, installation, use, storage, possession, possession or maintenance of the FIBERWOOD SHED NewTechWood products (whether arising from such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes or regulations, or otherwise), ) or (iii) any claim claims that the FIBERWOOD SHED has not performed NewTechWood products failed to perform as guaranteed hereinwarranted above, is and shall be limited to the NewTechWood’s replacement or refund by FIBERWOOD of the defective item, prorated as provided in paragraph 3.2NewTechWood product. FIBERWOOD NewTechWood shall not be responsible for any expenses and the costs directly or indirectly associated with the installation of any the replacement itemNewTechWood product or the disposal of the defective NewTechWood product. 3.2 FIBERWOOD's NewTechWood’s obligation to provide a replacement item shall, when applicable, product shall only be in an amount equal to the volume (linear feet) of defective coextruded composite wood boards, prorated material as listed on the Prorated Warranty Schedule contained hereinherein or the number of defective NewTechWood Fasteners. FIBERWOOD's NewTechWood’s replacement obligation allows FIBERWOOD NewTechWood to provide boards or other parts products as close as possible in colour, design and quality to the original installation as reasonably possible, in terms NewTechWood’s discretion and determination. Purchaser acknowledges that NewTechWood does not guarantee an exact match as colours and designs may change. Xxxxxxxxx agrees to the use of colorsuch fasteners as adequate for reinstallation of the furnished board, designirrespective of existing method. In NewTechWood’s sole and absolute discretion, and qualityNewTechWood may, at its option, elect to refund the discretion and determination percentage of FIBERWOODthe original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product. 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.Prorated Limited Warranty Schedule Recovery 5-Yr Residential 10-Yr Residential 15-Yr Residential 20-Yr Residential 25-Yr Residential 3.3 In Under no event circumstances whatsoever shall FIBERWOOD NewTechWood be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other other, damages based on upon the FIBERWOOD SHEDS NewTechWood products or resulting resulting, directly or indirectly indirectly, from any defect thereinin the NewTechWood products, including, but not limited to damage to, damages, diminution in value, value of and/or loss of use or enjoyment of of, any property or any portion part thereof, whether based on contract, tort, strict liability, lawstatute, regulation, regulation or otherwise, even if FIBERWOOD has been NewTechWood is expressly advised of about the possibility of such damages. Some provinces may 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. 3.4 FIBERWOOD The Limited Warranty does not cover and NewTechWood shall not be liable for any of Purchaser’s installation, removal or reinstallation costs. 3.5 NewTechWood does not warrant against and is not responsibleresponsible for, and no express or implied warranties warranty shall be deemed to cover, any condition attributableattributable to, in whole or in part, to: (i) improper installation of the FIBERWOOD SHEDS and/or non-compliance NewTechWood products, (ii) failure to abide by NewTechWood’s written instructions, (iii) failure to comply with FIBERWOOD's written installation instructionsany and all applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping, (iv) use of NewTechWood products beyond normal use or in an application not recommended or permitted by NewTechWood’s written instructions and applicable laws and building codes, (v) movement, distortion, collapse or settling of the ground or the supporting structure upon which NewTechWood Products are installed, (vi) defects in or failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair, (vii) any Act of God (including, but not limited to, flooding, hurricane, tornado, wind, earthquake, lightning, hail, etc.), (viii) discolouration, fading, spotting or staining from or caused, in whole or in part, by mold, 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), (ix) damage resulting from casualty, fire or exposure to heat sources such as cooking devices or retro-reflective surfaces, (x) the application of paints, stains, surface treatments or other chemical substances including but not limited to cleaners or pesticides, (xi) fading, flaking or other deterioration of any paints, stains or other coatings placed on the NewTechWood Products, (xii) climate change, environmental conditions, static electricity or any cause beyond the control of NewTechWood, (xiii) variations or changes in colour of NewTechWood products, (xiv) improper handling, maintenance, storage, abuse or neglect of NewTechWood products by Purchaser or any other party, (xv) ordinary wear and tear, (xvi) impact from objects or (xvii) any fasteners not supplied or approved by NewTechWood. 3.6 No warranty is given with respect to any fasteners other than the NewTechWood Fasteners. Other fasteners, whether approved fasteners or otherwise, are subject to only the warranties provided by the manufacturer of the fastener and Purchaser’s sole warranty and remedy is with that manufacturer. 3.7 Purchaser and/or Purchaser’s contractor or representative is solely responsible for determining the suitability of any NewTechWood products for Purchaser’s property and for the installation and use of any NewTechWood products. Purchaser and/or Purchaser’s contractor or representative shall be solely responsible for determining whether the NewTechWood product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property. Purchaser acknowledges that NewTechWood does not provide architectural or engineering services. NewTechWood makes no express or implied warranty or representation as to the suitability of the shed on a base other than a level NewTechWood Products for, or actual performance, capabilities or operation of the NewTechWood Products at, Purchaser’s property or under the conditions of Purchaser’s use. 3.8 All warranties provided by NewTechWood, whether express or implied, and crack-free concrete slabincluding the Limited Warranty, are void if any one or more of the following applies or occurs: (i) the NewTechWood product is not installed, maintained and/or used strictly in accordance with NewTechWood’s written instructions, (ii) the NewTechWood product is not installed in accordance with all applicable laws, codes and regulations; (iii) the intentional or unintentional misuse of the NewTechWood product, whether foreseeable or unforeseeable; (iv) the failure of Purchaser to properly and/or timely maintain or repair the NewTechWood product; (v) the failure by Purchaser to provide timely notice to NewTechWood of any failure or defect of the NewTechWood product; or (vi) use of fasteners other than the NewTechWood branded fasteners or approved hidden fasteners listed on www. xxxxxxxxxxx.xxx to the extent that the NewTechWood product failures resulted from the use of non-compliance with FIBERWOOD's written use, maintenance, or safety instructions,approved fasteners.

General Conditions Exclusions and Limitations. 3.1 If it is determined by Importations A1Fiberwood, at in 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 SHEDPRODUCTS, (ii) any claim arising from the marketing, purchase, installation, use, storage, possession, or maintenance of the FIBERWOOD SHED PRODUCTS (whether arising from contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes, laws, or regulations, or otherwise), or (iii) any claim that the FIBERWOOD SHED has PRODUCTS have not performed as guaranteed hereinwarranted above, is and shall be limited to the replacement or refund by FIBERWOOD of the defective item, item on a prorated basis as provided set forth in paragraph 3.2. FIBERWOOD shall not be responsible for any costs or expenses and costs directly or indirectly associated with the installation of any the replacement itemFIBERWOOD PRODUCT. 3.2 FIBERWOOD's obligation to provide a replacement item shallshall be, when applicable, only be an amount in a quantity equal to the volume (linear feet) of defective coextruded composite wood boardsmaterial, prorated as contained set forth herein. FIBERWOOD's replacement obligation allows FIBERWOOD to provide boards or other parts products 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 REFUND THE CURRENT VALUE PURCHASE PRICE OF THE DEFECTIVE PRODUCT ON A THE SAME 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 damages, based on the FIBERWOOD SHEDS PRODUCTS or resulting resulting, directly or indirectly indirectly, from any defect thereinin FIBERWOOD PRODUCTS, including, but not limited to, damages, diminution in value, and/or loss of use or enjoyment of any property or any portion part 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 Certain 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 warranty shall be deemed to cover, any condition attributable, in whole or in part, to: (i) improper installation of the FIBERWOOD SHEDS PRODUCTS and/or non-compliance with failure to follow FIBERWOOD's written installation instructions, including but not limited to the installation of the shed on a base other than a level and crack-free concrete slab, ; (ii) non-compliance with failure to follow FIBERWOOD's written use, maintenance, or safety instructions,; (iii) failure to comply with all applicable laws, regulations, or building codes; (iv) improper or defective structural support, attachment, ventilation, or spacing; (v) intentional or unintentional, foreseeable or unforeseeable use of FIBERWOOD PRODUCTS beyond normal use or in a manner not recommended or authorized by FIBERWOOD's written installation or use, maintenance, and safety instructions and applicable laws, regulations, and building codes; (vi) movement, distortion, collapse, or settling of the ground or support structure upon which FIBERWOOD PRODUCTS are installed; (vii) any force majeure event (including, but not limited to, flood, hurricane, tornado, wind, earthquake, lightning, hail, etc.); (viii) discoloration, stains, or any other deterioration caused, in whole or in part, by mold, mildew, other fungal growths, organic matter, oxides or metal particles (including, but not limited to, rust or corrosion of any fastener), accumulation of dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals (including, but not limited to, those found in cleaners or pesticides), or normal weathering (defined as natural eflorescence, exposure to sunlight, weather, and atmospheric conditions causing gradual discoloration); (ix) damage resulting from an accident, fire, or exposure to extreme sources of heat such as cooking appliances or reflective surfaces; (x) application of paints, stains, treatments or coatings or surface materials; (xi) climate change, environmental conditions, static electricity, or any cause beyond FIBERWOOD's control; (xii) variations or changes in color of FIBERWOOD PRODUCTS; (xiii) mishandling, maintenance, storage, abuse, repair, or neglect of FIBERWOOD PRODUCTS by the buyer or any other person; (xiv) normal wear and tear including normal surface wear; (xv) impact from objects; (xvi) any attachment whether recommended or not by FIBERWOOD; (xvii) abrasive compounds of acidic or alkaline pH, powerful solvents, metal rust, concrete or masonry products, stucco, colored chalk, airborne or waterborne mineral particles; (xviii) abnormal residential use items or substances other than food and beverages including, without limitation, biocides, fungicides, plant food, and bactericides; (xix) damaging, digging, scratching, or piercing the surface of FIBERWOOD PRODUCTS using a metal shovel or any other cutting tool to remove snow or ice on the product surface, or otherwise; and (xx) stains left by oil-based substances such as vegetable oil known to leave residues/stains if not cleaned immediately. The provisions of sections (viii) and (xii) are subject to the provisions of paragraphs 1.1.1 and 1.1.2 above. 3.5 Fasteners, whether recommended or not by Fiberwood, are subject solely to the warranties provided by the fasteners manufacturer, and the buyer's sole warranty and remedy are with that manufacturer. 3.6 The finish or surface finish of FIBERWOOD PRODUCTS may eventually lose its pattern or wood grain even due to what is considered normal use, due to the formulation used to create the surface. 3.7 The buyer and/or the buyer's contractor or representative is solely responsible for determining the suitability of any FIBERWOOD PRODUCT for the buyer's property and for the installation and use of any FIBERWOOD PRODUCT. The buyer and/or the buyer's contractor or representative shall be solely responsible for determining whether the FIBERWOOD PRODUCT complies with the requirements of any applicable building or safety code or similar regulation relating to the buyer's property. The buyer acknowledges that FIBERWOOD does not provide architectural or engineering services. FIBERWOOD makes no express or implied warranty or representation as to the suitability of FIBERWOOD PRODUCTS for, or the actual performance, capabilities, or operation of FIBERWOOD PRODUCTS on the buyer's property or in the buyer's conditions of use.

General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1FIBERWOOD, 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 SHEDS (whether arising such claim arises 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 hereinabove, is and shall be limited to the replacement FIBERWOOD replacing or refund by FIBERWOOD of refunding the defective item, item on a prorated basis as provided in paragraph 3.2. FIBERWOOD shall not be responsible for any expenses and costs associated 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 in a quantity equal to the volume (linear feet) of the defective coextruded composite wood boards, as 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, quality at the discretion FIBERWOOD's sole and determination of absolute discretion. The buyer acknowledges that FIBERWOOD does not warrant an exact match as colors and patterns may change. At FIBERWOOD. AT THE 'S SOLE AND ABSOLUTE DISCRETION OF FIBERWOODDISCRETION, FIBERWOOD MAY CHOOSE ELECT TO REIMBURSE REFUND THE CURRENT VALUE OF THE DEFECTIVE PRODUCT ON A PRORATED PRORATA BASIS AS INDICATED UNDER THE RECOVERY CALENDARS CHART BELOW INSTEAD OF REPLACING THE DEFECTIVE PRODUCT ON THE SAME PRORATA BASIS. PRORATED BASIS.10 YEARS LIMITED WARRANTY RECOVERY SCHEDULE FOR ALUMINUM, HARDWARE, AND ACCESSORIES RECOVERY YEAR OF CLAIM 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 thereinin them, including, but not limited to, damages, diminution in value, and/or loss of use or enjoyment of any property or any portion part 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 Certain provinces may not allow the exclusion or limitation of incidental or consequential damages in under 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 warranty 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 failure to adhere to FIBERWOOD's written installation instructions, including but not limited to installing the installation of the shed SHED on a base other than a level and level, crack-free concrete slab, (ii) non-compliance with failure to adhere to FIBERWOOD's written use, maintenance, or safety instructions,, (iii) failure to comply with all applicable laws, regulations, or building codes, (iv) improper or defective structural support, attachment, ventilation, or spacing, (v) intentional or unintentional use of FIBERWOOD SHEDS beyond normal use or in a manner not recommended or authorized by FIBERWOOD's written installation or use, maintenance, and safety instructions, as well as applicable laws, regulations, and building codes, (vi) ground movement, distortion, collapse, or settling of the ground or support structure on which FIBERWOOD SHEDS are installed, (vii) any act of nature, including but not limited to flood, hurricane, tornado, wind, earthquake, lightning, hail, etc., (viii) discoloration, stains, or any other deterioration caused, in whole or in part, by mold, mildew, other fungal growth, organic matter, oxides, or metallic particles (including but not limited to rust or corrosion of any fasteners), the accumulation of dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals (including but not limited to those found in cleaners or pesticides), or normal weathering (defined as natural eflorescence, exposure to sunlight, weather conditions, and atmospheric conditions causing gradual discoloration), (ix) damage resulting from accidents, fire, or exposure to extreme sources of heat such as cooking appliances or reflective surfaces, (x) the application of paints, stains, treatments, coatings, or surface materials, (xi) climate change, environmental conditions, static electricity, or any cause beyond FIBERWOOD's control, (xii) variations or changes in color of FIBERWOOD SHEDS, (xiii) mishandling, maintenance, storage, abuse, repair, or negligence of FIBERWOOD SHEDS by the buyer or any other person, (xiv) normal wear and tear, including normal surface wear, (xv) impact from objects, (xvi) any fastener recommended or not recommended by FIBERWOOD, (xvii) abrasive compounds with acidic or basic pH, strong solvents, metallic rust, concrete or masonry products, stucco, colored chalk, airborne or waterborne minerals, (xviii) abnormal residential use items or substances other than food and beverages, including but not limited to biocides, fungicides, plant food, and bactericides, (xix) damage from gouging, scratching, or puncturing the surface of FIBERWOOD SHEDS, using a metal shovel or any other cutting tool to remove snow or ice from the product surface, or in any other manner, and (xx) stains left by oil-based substances such as vegetable oil known to leave residues/stains if not cleaned immediately. 3.5 Fasteners, whether recommended by FIBERWOOD or not, are subject solely to the warranties provided by the fastener manufacturer, and the sole warranty and remedy for the buyer are with that manufacturer. 3.6 The finish or surface finish of FIBERWOOD SHEDS may eventually lose its pattern or wood grain even when used in a manner considered normal, due to the formulation used to create the surface. 3.7 The buyer and/or the contractor or the buyer's representative are solely responsible for determining the suitability of any FIBERWOOD SHED for the buyer's property and for the installation and use of any FIBERWOOD SHED. The buyer and/or the contractor or the buyer's representative will be solely responsible for determining whether the FIBERWOOD SHED meets the requirements of any applicable building or safety code or similar regulation relating to the buyer's property. The buyer acknowledges that FIBERWOOD does not provide architectural or engineering services. FIBERWOOD makes no express or implied warranty or representation as to the suitability of FIBERWOOD SHEDS for or the actual performance, capabilities, or operation of FIBERWOOD SHEDS on the buyer's property or under the buyer's usage conditions.

General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1FIBERWOOD, 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 SHEDS (whether arising such claim arises 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 hereinabove, is and shall be limited to the replacement FIBERWOOD replacing or refund by FIBERWOOD of refunding the defective item, item on a prorated basis as provided in paragraph 3.2. FIBERWOOD shall not be responsible for any expenses and costs associated 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 in a quantity equal to the volume (linear feet) of the defective coextruded composite wood boards, as 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, quality at the discretion FIBERWOOD's sole and determination of absolute discretion. The buyer acknowledges that FIBERWOOD does not warrant an exact match as colors and patterns may change. At FIBERWOOD. AT THE 'S SOLE AND ABSOLUTE DISCRETION OF FIBERWOODDISCRETION, FIBERWOOD MAY CHOOSE ELECT TO REIMBURSE REFUND THE CURRENT VALUE OF THE DEFECTIVE PRODUCT ON A PRORATED PRORATA BASIS AS INDICATED UNDER THE RECOVERY CALENDARS CHART BELOW INSTEAD OF REPLACING THE DEFECTIVE PRODUCT ON THE SAME PRORATED PRORATA 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 thereinin them, including, but not limited to, damages, diminution in value, and/or loss of use or enjoyment of any property or any portion part 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 Certain provinces may not allow the exclusion or limitation of incidental or consequential damages in under 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 warranty 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 failure to adhere to FIBERWOOD's written installation instructions, including but not limited to installing the installation of the shed SHED on a base other than a level and level, crack-free concrete slab, (ii) non-compliance with failure to adhere to FIBERWOOD's written use, maintenance, or safety instructions,, (iii) failure to comply with all applicable laws, regulations, or building codes, (iv) improper or defective structural support, attachment, ventilation, or spacing, (v) intentional or unintentional use of FIBERWOOD SHEDS beyond normal use or in a manner not recommended or authorized by FIBERWOOD's written installation or use, maintenance, and safety instructions, as well as applicable laws, regulations, and building codes, (vi) ground movement, distortion, collapse, or settling of the ground or support structure on which FIBERWOOD SHEDS are installed, (vii) any act of nature, including but not limited to flood, hurricane, tornado, wind, earthquake, lightning, hail, etc., (viii) discoloration, stains, or any other deterioration caused, in whole or in part, by mold, mildew, other fungal growth, organic matter, oxides, or metallic particles (including but not limited to rust or corrosion of any fasteners), the accumulation of dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals (including but not limited to those found in cleaners or pesticides), or normal weathering (defined as natural eflorescence, exposure to sunlight, weather conditions, and atmospheric conditions causing gradual discoloration), (ix) damage resulting from accidents, fire, or exposure to extreme sources of heat such as cooking appliances or reflective surfaces, (x) the application of paints, stains, treatments, coatings, or surface materials, (xi) climate change, environmental conditions, static electricity, or any cause beyond FIBERWOOD's control, (xii) variations or changes in color of FIBERWOOD SHEDS, (xiii) mishandling, maintenance, storage, abuse, repair, or negligence of FIBERWOOD SHEDS by the buyer or any other person, (xiv) normal wear and tear, including normal surface wear, (xv) impact from objects, (xvi) any fastener recommended or not recommended by FIBERWOOD, (xvii) abrasive compounds with acidic or basic pH, strong solvents, metallic rust, concrete or masonry products, stucco, colored chalk, airborne or waterborne minerals, (xviii) abnormal residential use items or substances other than food and beverages, including but not limited to biocides, fungicides, plant food, and bactericides, (xix) damage from gouging, scratching, or puncturing the surface of FIBERWOOD SHEDS, using a metal shovel or any other cutting tool to remove snow or ice from the product surface, or in any other manner, and (xx) stains left by oil-based substances such as vegetable oil known to leave residues/stains if not cleaned immediately. 3.5 Fasteners, whether recommended by FIBERWOOD or not, are subject solely to the warranties provided by the fastener manufacturer, and the sole warranty and remedy for the buyer are with that manufacturer. 3.6 The finish or surface finish of FIBERWOOD SHEDS may eventually lose its pattern or wood grain even when used in a manner considered normal, due to the formulation used to create the surface. 3.7 The buyer and/or the contractor or the buyer's representative are solely responsible for determining the suitability of any FIBERWOOD SHED for the buyer's property and for the installation and use of any FIBERWOOD SHED. The buyer and/or the contractor or the buyer's representative will be solely

General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1, at its sole discretion, that the claim is valid, the buyer's 3.1. The Purchaser’s sole remedy, and FIBERWOOD's Eurocell’s sole liability to any buyerthe Purchaser, for (i) any claim whatsoever related relating to the FIBERWOOD SHEDProducts, (ii) any claim claims arising from out of the marketing, purchase, installation, use, storage, possession, possession or maintenance of the FIBERWOOD SHED Products (whether arising from such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes or regulations, or otherwise), ) or (iii) any claim claims that the FIBERWOOD SHED has not performed Products failed to perform as guaranteed hereinwarranted above, is and shall be limited to the Eurocell’s replacement or refund by FIBERWOOD of the defective item, prorated as provided in paragraph 3.2Products. FIBERWOOD Eurocell shall not be responsible for any expenses and the costs directly or indirectly associated with the installation of any the replacement itemProducts or the disposal of the defective Products. 3.2 FIBERWOOD's 3.2. Eurocell’s obligation to provide a replacement item shall, when applicable, Products shall only be in an amount equal to the volume (linear feetsquare meterage) of defective coextruded composite wood boardsProduct as listed in the table set out in this Section 3.2, prorated as contained hereinor the number of defective Eurocell Fasteners (being Eurocell Metal Clips or Eurocell Plastic Clips). FIBERWOOD's Eurocell’s replacement obligation allows FIBERWOOD Eurocell to provide boards or other parts replacement Products as close as possible in colour, design and quality to the original installation in terms of color, design, and qualityas reasonably possible, at the Eurocell's discretion and determination determination. The Purchaser acknowledges that Eurocell does not guarantee an exact match as with batching or colours/designs may change. The Purchaser agrees to the use of FIBERWOODsuch fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. AT THE SOLE AND ABSOLUTE DISCRETION OF FIBERWOODIn Eurocell’s sole and absolute discretion, 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 BASISEurocell may, at its option, elect to refund the percentage of the original purchase price listed in the table below in lieu of replacing the defective Product. 3.3 In 3.3. Under no event circumstances whatsoever shall FIBERWOOD Eurocell be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other damages based on the FIBERWOOD SHEDS or resulting resulting, directly or indirectly indirectly, from any defect thereinin the Products, including, but not limited to damage to, damages, diminution in value, value of and/or loss of use or enjoyment of of, any property or any portion part thereof, whether based on contract, tort, strict liability, law, regulation, regulation or otherwise, even if FIBERWOOD has been Eurocell is expressly advised of about 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 3.4. Eurocell does not warrant against and is not responsibleresponsible for, and no express or implied warranties warranty 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 FIBERWOOD's written installation instructions, including but not limited to the installation of the shed on a base other than a level and crack-free concrete slabProducts, (ii) non-compliance with FIBERWOODfailure to abide by Eurocell's written use, maintenance, or safety instructions,

General Conditions Exclusions and Limitations. 3.1 If it is determined by Importations A1FIBERWOOD, at its sole discretion, that the claim is valid, the buyer's Purchaser’s sole remedy, and FIBERWOOD's FIBERWOOD sole liability to any buyerthe authorized distributor and to the Purchaser, for (i) any claim whatsoever related relating to the FIBERWOOD SHEDPRODUCT, (ii) any claim claims arising from out of the marketing, purchase, installation, use, storage, possession, possession or maintenance of the FIBERWOOD SHED PRODUCTS (whether arising from such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes or regulations, or otherwise), ) or (iii) any claim claims that the FIBERWOOD SHED has not performed PRODUCTS failed to perform as guaranteed hereinwarranted above, is and shall be limited to the FIBERWOOD prorated replacement or refund by FIBERWOOD mentioned in paragraph 3.2 of the defective item, prorated as provided in paragraph 3.2FIBERWOOD PRODUCT. FIBERWOOD shall not be responsible for any expenses and the costs associated directly or indirectly associated inderectly with the installation of any the replacement itemFIBERWOOD PRODUCT. 3.2 FIBERWOOD's FIBERWOOD obligation to provide a replacement item shall, when applicable, product shall only be in an amount equal to the volume (linear feet) of defective coextruded composite wood boards, prorated material as listed on the Prorated Warranty Schedules contained hereinherein or the number of defective FIBERWOOD fasteners. FIBERWOOD's FIBERWOOD replacement obligation allows FIBERWOOD to provide boards or other parts products as close as possible in color, design and quality to the original installation as reasonably possible, in terms of color, design, and quality, at the FIBERWOOD discretion and determination determination. Purchaser acknowledges that FIBERWOOD does not guarantee an exact match as colors and designs may change. Xxxxxxxxx agrees to the use of FIBERWOODsuch fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. AT THE IN FIBERWOOD SOLE AND ABSOLUTE DISCRETION OF FIBERWOODDISCRETION, FIBERWOOD MAY CHOOSE MAY, ELECT TO REIMBURSE REFUND THE CURRENT VALUE PERCENTAGE OF THE ORIGINAL PURCHASE PRICE FOR THE DEFECTIVE PRODUCT LISTED UNDER RECOVERY ON A THE PRORATED BASIS AS INDICATED UNDER THE RECOVERY CALENDARS BELOW INSTEAD WARRANTY SCHEDULES IN LIEU OF REPLACING THE DEFECTIVE PRODUCT ON THE SAME PRODUCT. PRORATED BASIS.20-YR AND 30-YR LIMITED WARRANTY SCHEDULE FOR RESIDENTIAL APPLICATION Recovery 20-yr (Shed and Fasteners) Year of Claim 30-yr (Other products) Year of Claim 100% 0-3 0-5 80% 4-5 6-10 60% 6-8 11-15 40% 9-10 16-20 20% 00-00 00-00 10% 00-00 00-00 PRORATED 25-YR LIMITED WARRANTY SCHEDULE FOR COMMERCIAL APPLICATION Recovery 25-yr (All products covered) Year of Claim 50% 9-10 25% 11-12 10% 13-20 5% 21-25 3.3 In Under no event circumstances whatsoever shall FIBERWOOD be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other other, damages based on upon the FIBERWOOD SHEDS PRODUCTS or resulting resulting, directly or indirectly indirectly, from any defect thereinin the FIBERWOOD PRODUCTS, including, but not limited to damage to, damages, diminution in value, value of and/or loss of use or enjoyment of of, any property or any portion part thereof, whether based on contract, tort, strict liability, lawstatute, regulation, regulation or otherwise, even if FIBERWOOD has been is expressly advised of about 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 against and is not responsibleresponsible for, and no express or implied warranties warranty shall be deemed to cover, any condition attributable, in whole or in part, to: (i) improper installation of the FIBERWOOD SHEDS PRODUCTS and/or non-compliance with FIBERWOOD's failure to abide by FIBERWOOD written installation Installation instructions, including but not limited to the installation of the shed Capped Garden Shed on a base other than a concrete slab on level and crack-free concrete slabwithout cracks, (ii) nonfailure to abide by FIBERWOOD written Care, Maintenance and Safety Instructions, (iii) failure to comply with any and all applicable laws and regulations or building codes, (iv) improper or defective structural support, fastening, ventilation or gapping, (v) intentional or unintentional use of FIBERWOOD PRODUCTS beyond normal use, whether foreseeable or unforeseeable, or in an application not recommended or permitted by FIBERWOOD written Installations instructions or Care, Maintenance and Safety Instructions and applicable laws and regulations and building codes, (vi) movement, distortion, collapse or settling of the ground or the supporting structure upon which FIBERWOOD PRODUCTS are installed, (vii) any Act of God (including, but not limited to, flooding, hurricane, tornado, wind, earthquake, lightning, hail, etc.), (viii) discoloration, fading, or any other deterioration from or caused, in whole or in part, by mold, mildew, other fungal growth, organic materials, metallic oxides or particles (including but not limited to rust or corrosion of any fasteners), the accumulation of dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemical substances (including but not limited to those found in cleaners or pesticides), or normal weathering (defined as natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any colored surface to gradually fade), (ix) damage resulting from casualty, fire or exposure to improper gapping, extreme heat sources such as cooking devices or retro-compliance with reflective surfaces, (x) the application of paints, stains, surface treatments, coating materials (xi) climate change, environmental conditions, static electricity or any cause beyond the control of FIBERWOOD's written use, (xii) variations or changes in color of FIBERWOOD PRODUCTS, (xiii) improper handling, maintenance, storage, abuse, repair or neglect of FIBERWOOD PRODUCTS by Purchaser or any other party, (xiv) ordinary wear and tear including normal weathering of surfaces, (xv) impact from objects, (xvi) any fasteners other than the FIBERWOOD fasteners, (xvii) abrasive compounds of acidic or basic pH, strong solvents, metallic rust, concrete or masonry products, stucco, colored chalk, air or water borne minerals (xviii) abnormal residential deck use items and non-food and beverage substances including but not limited to biocides, fungicides, plant food, bactericides, (xix) damaging, gouging, scraping or puncturing the surface of the FIBERWOOD PRODUCT, using metal shovels or sharp-edge tools to remove snow and ice on the surface of the products or in any other way and (xx) stains left by oil based substances such as vegetable oil known to leave residue/stains if not cleaned up immediately. 3.5 No warranty is given with respect to any fasteners other than the FIBERWOOD fasteners. Other fasteners, whether approved fasteners or otherwise, are subject to only the warranties provided by the manufacturer of the fastener and Purchaser’s sole warranty and remedy is with that manufacturer. 3.6 The cap or surface on the FIBERWOOD PRODUCTS could potentially lose its pattern or wood grain embossed over usage of the products which is deemed normal due to the formulation used to create the surface. 3.7 Purchaser and/or Purchaser’s contractor or representative is solely responsible for determining the suitability of any FIBERWOOD PRODUCTS for Purchaser’s property and for the installation and use of any FIBERWOOD PRODUCTS. Purchaser and/or Purchaser’s contractor or representative shall be solely responsible for determining whether the FIBERWOOD PRODUCT meets the requirements of any applicable building or safety instructions,code or similar regulation relating to Purchaser’s property. Purchaser acknowledges that FIBERWOOD does not provide architectural or engineering services. FIBERWOOD makes no express or implied warranty or representation as to the suitability of the FIBERWOOD Products for, or actual performance, capabilities or operation of the FIBERWOOD PRODUCTS at, Purchaser’s property or under the conditions of Purchaser’s use.

General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1, at its sole discretion, that the claim is valid, the buyer's Purchaser’s sole remedy, and FIBERWOOD's NewTechWood’s sole liability to any buyerPurchaser, for (i) any claim whatsoever related relating to the FIBERWOOD SHEDNewTechWood product, (ii) any claim claims arising from out of the marketing, purchase, installation, use, storage, possession, possession or maintenance of the FIBERWOOD SHED NewTechWood products (whether arising from such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes or regulations, or otherwise), ) or (iii) any claim claims that the FIBERWOOD SHED has not performed NewTechWood products failed to perform as guaranteed hereinwarranted above, is and shall be limited to the NewTechWood’s replacement or refund by FIBERWOOD of the defective item, prorated as provided in paragraph 3.2NewTechWood product. FIBERWOOD NewTechWood shall not be responsible for any expenses and the costs directly or indirectly associated with the installation of any the replacement itemNewTechWood product or the disposal of the defective NewTechWood product. 3.2 FIBERWOOD's NewTechWood’s obligation to provide a replacement item shall, when applicable, product shall only be in an amount equal to the volume (linear feet) of defective coextruded composite wood boards, prorated material as listed on the Prorated Warranty Schedule contained hereinherein or the number of defective NewTechWood Fasteners. FIBERWOOD's NewTechWood’s replacement obligation allows FIBERWOOD NewTechWood to provide boards or other parts products as close as possible in colour, design and quality to the original installation as reasonably possible, in terms NewTechWood’s discretion and determination. Purchaser acknowledges that NewTechWood does not guarantee an exact match as colours and designs may change. Xxxxxxxxx agrees to the use of colorsuch fasteners as adequate for reinstallation of the furnished board, designirrespective of existing method. In NewTechWood’s sole and absolute discretion, and qualityNewTechWood may, at its option, elect to refund the discretion and determination percentage 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 BASISthe original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product. 3.3 In Under no event circumstances whatsoever shall FIBERWOOD NewTechWood be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, statutory, special, or other other, damages based on upon the FIBERWOOD SHEDS NewTechWood products or resulting resulting, directly or indirectly indirectly, from any defect thereinin the NewTechWood products, including, but not limited to damage to, damages, diminution in value, value of and/or loss of use or enjoyment of of, any property or any portion part thereof, whether based on contract, tort, strict liability, lawstatute, regulation, regulation or otherwise, even if FIBERWOOD has been NewTechWood is expressly advised of about the possibility of such damages. Some provinces may 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. 3.4 FIBERWOOD The Limited Warranty does not cover and NewTechWood shall not be liable for any of Purchaser’s installation, removal or reinstallation costs. 3.5 NewTechWood does not warrant against and is not responsibleresponsible for, and no express or implied warranties warranty shall be deemed to cover, any condition attributableattributable to, in whole or in part, to: (i) improper installation of the FIBERWOOD SHEDS and/or non-compliance NewTechWood products, (ii) failure to abide by NewTechWood’s written instructions, (iii) failure to comply with FIBERWOOD's written installation instructionsany and all applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping, (iv) use of NewTechWood products beyond normal use or in an application not recommended or permitted by NewTechWood’s written instructions and applicable laws and building codes, (v) movement, distortion, collapse or settling of the ground or the supporting structure upon which NewTechWood Products are installed, (vi) defects in or failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair, (vii) any Act of God (including, but not limited to, flooding, hurricane, tornado, wind, earthquake, lightning, hail, etc.), (viii) discolouration, fading, spotting or staining from or caused, in whole or in part, by mold, 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), (ix) damage resulting from casualty, fire or exposure to heat sources such as cooking devices or retro-reflective surfaces, (x) the application of paints, stains, surface treatments or other chemical substances including but not limited to cleaners or pesticides, (xi) fading, flaking or other deterioration of any paints, stains or other coatings placed on the NewTechWood Products, (xii) climate change, environmental conditions, static electricity or any cause beyond the control of NewTechWood, (xiii) variations or changes in colour of NewTechWood products, (xiv) improper handling, maintenance, storage, abuse or neglect of NewTechWood products by or any other party, (xv) ordinary wear and tear, (xvi) impact from objects or (xvii) any fasteners not supplied or approved by NewTechWood. 3.6 No warranty is given with respect to any fasteners other than the NewTechWood Fasteners. Other fasteners, whether approved fasteners or otherwise, are subject to only the warranties provided by the manufacturer of the fastener and Purchaser’s sole warranty and remedy is with that manufacturer. 3.7 Purchaser and/or Purchaser’s contractor or representative is solely responsible for determining the suitability of any NewTechWood products for Purchaser’s property and for the installation and use of any NewTechWood products. Purchaser and/or Purchaser’s contractor or representative shall be solely responsible for determining whether the NewTechWood product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property. Purchaser acknowledges that NewTechWood does not provide architectural or engineering services. NewTechWood makes no express or implied warranty or representation as to the suitability of the shed on a base other than a level NewTechWood Products for, or actual performance, capabilities or operation of the NewTechWood Products at, Purchaser’s property or under the conditions of Purchaser’s use. 3.8 All warranties provided by NewTechWood, whether express or implied, and crack-free concrete slabincluding the Limited Warranty, are void if any one or more of the following applies or occurs: (i) the NewTechWood product is not installed, maintained and/or used strictly in accordance with NewTechWood’s written instructions, (ii) the NewTechWood product is not installed in accordance with all applicable laws, codes and regulations; (iii) the intentional or unintentional misuse of the NewTechWood product, whether foreseeable or unforeseeable; (iv) the failure of Purchaser to properly and/or timely maintain or repair the NewTechWood product; (v) the failure by Purchaser to provide timely notice to NewTechWood of any failure or defect of the NewTechWood product; or (vi) use of fasteners other than the NewTechWood branded fasteners or approved hidden fasteners listed on www. xxxxxxxxxxx.xxx to the extent that the NewTechWood product failures resulted from the use of non-compliance with FIBERWOOD's written use, maintenance, or safety instructions,approved fasteners.