Common use of Purchaser’s Sole Remedy Clause in Contracts

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may 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 Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon 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.

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation limitation, any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may 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 Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon 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 productProduct.

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and FiberonXxxxxxx’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may 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 Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon 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.

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may 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 Fiberon Fasteners. Replacement Fiberon material will be as close in colorcolour, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors colours and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon 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 productProduct.

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation limitation, any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may 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 Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in FiberonXxxxxxx’s discretion and determination, but Fiberon Xxxxxxx does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon 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 productProduct.

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and FiberonXxxxxxx’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may 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 Fiberon Fasteners. Replacement Fiberon material will be as close in colorcolour, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors colours and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon 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.