Common use of Purchaser’s Sole Remedy Clause in Contracts

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Xxxxxxx’s sole liability, for any claim whatsoever relating to the Fiberon Product, 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 failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product with new Fiberon Product in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein. 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 Xxxxxxx’s sole liability, for any claim whatsoever relating to the Fiberon Product, 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 liability or otherwise) or any claims that the Fiberon Products failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product with new Fiberon Product in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein. 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 XxxxxxxFiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product, 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 regulations, or otherwise) or any claims that the Fiberon Products failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product with new Fiberon Product Product, in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein. 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 XxxxxxxFiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product, 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 liability or otherwise) or any claims that the Fiberon Products failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product with new Fiberon Product in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein. 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.