Common use of SAVINGS AND SEVERABILITY Clause in Contracts

SAVINGS AND SEVERABILITY. To the extent that this warranty is inconsistent with applicable law, this warranty is hereby modified to be consistent with such applicable law. If an arbitrator or court determines that any term in this warranty is illegal or unenforceable, the parties intend for the arbitrator or court to interpret or modify this warranty to affect the original intent of the parties as closely as possible while rendering the term and this warranty fully legal and enforceable. If a term in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for the arbitrator or court to sever the illegal or unenforceable term from this warranty, leaving the remainder of this warranty enforceable. LIMITATIONS THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM XXXXX CORNING AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF XXXXX CORNING® TITANIUM® UNDERLAYMENT. XXXXX CORNING MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY IN THIS WARRANTY. YOUR REMEDY FOR XXXXX CORNING® TITANIUM® UNDERLAYMENT IS FULLY DESCRIBED HEREIN. YOU ARE NOT ENTITLED TO ANYTHING MORE THAN WHAT IS DESCRIBED IN THAT SECTION. XXXXX CORNING HAS NO REASON TO KNOW ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING SHINGLES. XXXXX CORNING NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND INCLUDING DAMAGE TO YOUR STRUCTURE OR TO YOUR STRUCTURE’S CONTENTS WHETHER FOR BREACH OF THIS WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIMS DERIVED IN TORT OR FOR ANY OTHER CAUSE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FOR CANADA ONLY — the terms in this warranty, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to any provincial laws. Structure/Owner OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. GOVERNING LAW AND FORUM This warranty and all Disputes are governed by the United States federal laws and laws of Ohio. Subject to the “Arbitration” provision in this warranty, if there are any Disputes that cannot be arbitrated, then the parties consent to the exclusive jurisdiction and venue of the state and federal courts in Ohio with respect to such Disputes. Check the appropriate box Type of Titanium® Product Titanium® UDL25 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® UDL30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® UDL50 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® X30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® PSU30 Self-Adhered Underlayment 180 days Limited Lifetime 40 years ❑ ❑ ❑ ❑ ❑ Maximum exposure before covering Single family detached home owned by individuals

Appears in 2 contracts

Samples: www.allaboutroofing.com, dcpd6wotaa0mb.cloudfront.net

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SAVINGS AND SEVERABILITY. To the extent that this warranty is inconsistent with applicable law, this warranty is hereby modified to be consistent with such applicable law. If an arbitrator or court determines that any term in this warranty is illegal or unenforceable, the parties intend for the arbitrator or court to interpret or modify this warranty to affect the original intent of the parties as closely as possible while rendering the term and this warranty fully legal and enforceable. If a term in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for the arbitrator or court to sever the illegal or unenforceable term from this warranty, leaving the remainder of this warranty enforceable. LIMITATIONS THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM XXXXX CORNING THE MANUFACTURER AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF XXXXX CORNINGTOPSHIELD® TITANIUM® TS20 SYNTHETIC ROOFING UNDERLAYMENT. XXXXX CORNING THE MANUFACTURER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY IN THIS WARRANTY. YOUR REMEDY FOR XXXXX CORNINGTOPSHIELD® TITANIUM® TS20 SYNTHETIC ROOFING UNDERLAYMENT IS FULLY DESCRIBED HEREIN. YOU ARE NOT ENTITLED TO ANYTHING MORE THAN WHAT IS DESCRIBED IN THAT SECTION. XXXXX CORNING THE MANUFACTURER HAS NO REASON TO KNOW ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING SHINGLESTOPSHIELD® TS20 SYNTHETIC ROOFING UNDERLAYMENT. XXXXX CORNING THE MANUFACTURER IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND INCLUDING DAMAGE TO YOUR STRUCTURE OR TO YOUR STRUCTURE’S CONTENTS WHETHER FOR BREACH OF THIS WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIMS DERIVED IN TORT OR FOR ANY OTHER CAUSE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FOR CANADA ONLY — the terms in this warranty, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to any provincial laws. Structure/Owner OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. GOVERNING LAW AND FORUM This warranty and all Disputes are governed by the United States federal laws and laws of Ohio. Subject to the “Arbitration” provision in this warranty, if there are any Disputes that cannot be arbitrated, then the parties consent to the exclusive jurisdiction and venue of the state and federal courts in Ohio with respect to such Disputes. Check the appropriate box Type of Titanium® Product Titanium® UDL25 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® UDL30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® UDL50 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® X30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® PSU30 Self-Adhered Underlayment 180 days Limited Lifetime 40 years ❑ ❑ ❑ ❑ ❑ Maximum exposure before covering Single family detached home owned by individuals.

Appears in 1 contract

Samples: www.topshieldproducts.com

SAVINGS AND SEVERABILITY. To the extent that this warranty is inconsistent with applicable law, this warranty is hereby modified to be consistent with such applicable law. If an arbitrator or court determines that any term in this warranty is illegal or unenforceable, the parties intend for the arbitrator or court to interpret or modify this warranty to affect the original intent of the parties as closely as possible while rendering the term and this warranty fully legal and enforceable. If a term in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for the arbitrator or court to sever the illegal or unenforceable term from this warranty, leaving the remainder of this warranty enforceable. LIMITATIONS THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM XXXXX CORNING THE MANUFACTURER AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF XXXXX CORNING® TITANIUMTRI- BUILT® UNDERLAYMENT. XXXXX CORNING THE MANUFACTURER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY IN THIS WARRANTY. YOUR REMEDY FOR XXXXX CORNING® TITANIUMTRI-BUILT® UNDERLAYMENT IS FULLY DESCRIBED HEREIN. YOU ARE NOT ENTITLED TO ANYTHING MORE THAN WHAT IS DESCRIBED IN THAT SECTION. XXXXX CORNING THE MANUFACTURER HAS NO REASON TO KNOW ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING SHINGLESTRI-BUILT® UNDERLAYMENT. XXXXX CORNING THE MANUFACTURER IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND INCLUDING DAMAGE TO YOUR STRUCTURE OR TO YOUR STRUCTURE’S CONTENTS WHETHER FOR BREACH OF THIS WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIMS DERIVED IN TORT OR FOR ANY OTHER CAUSE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FOR CANADA ONLY — the terms in this warranty, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to any provincial laws. Structure/Owner OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree that the arbitrator may not consolidate proceedings Type of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. GOVERNING LAW AND FORUM This warranty and all Disputes are governed by the United States federal laws and laws of Ohio. Subject to the “Arbitration” provision in this warranty, if there are any Disputes that cannot be arbitrated, then the parties consent to the exclusive jurisdiction and venue of the state and federal courts in Ohio with respect to such Disputes. Check TRI-BUILT® Product (check the appropriate box Type of Titaniumbox) PRODUCT UV EXPOSURE WARRANTY LENGTH TRI-BUILT® Product TitaniumSynthetic Roof Underlayment 30 days 20 Years TRI-BUILT® UDL25 MAX Premium Synthetic Roof Underlayment 180 days Limited Lifetime 40 years Titanium® UDL30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® UDL50 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® X30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® PSU30 Self-Adhered Underlayment 180 days Limited Lifetime 40 years ❑ ❑ ❑ ❑ ❑ Maximum exposure before covering Single family detached home owned by individualsContractor/Installer Name: Date of Installation: Address: City, State, Zip:

Appears in 1 contract

Samples: beaconproplus.com

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SAVINGS AND SEVERABILITY. To the extent that this warranty is inconsistent with applicable law, this warranty is hereby modified to be consistent with such applicable law. If an arbitrator or court determines that any term in this warranty is illegal or unenforceable, the parties intend for the arbitrator or court to interpret or modify this warranty to affect effect the original intent of the parties as closely as possible while rendering the term and this warranty fully legal and enforceable. If a term in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for the arbitrator or court to sever the illegal or unenforceable term from this warranty, leaving the remainder of this warranty enforceable. LIMITATIONS THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM XXXXX CORNING AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF XXXXX CORNING® TITANIUMTRI-BUILT® UNDERLAYMENT. XXXXX CORNING THE MANUFACTURER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY IN THIS WARRANTY. YOUR REMEDY FOR XXXXX CORNING® TITANIUMTRI-BUILT® UNDERLAYMENT IS FULLY DESCRIBED HEREIN. YOU ARE NOT ENTITLED TO ANYTHING MORE THAN WHAT IS DESCRIBED IN THAT SECTION. XXXXX CORNING THE MANUFACTURER HAS NO REASON TO KNOW ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING SHINGLESTRI-BUILT® UNDERLAYMENT. XXXXX CORNING THE MANUFACTURER IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND INCLUDING DAMAGE TO YOUR STRUCTURE OR TO YOUR STRUCTURE’S CONTENTS WHETHER FOR BREACH OF THIS WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIMS DERIVED IN TORT OR FOR ANY OTHER CAUSE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FOR CANADA ONLY — the terms in this warranty, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to any provincial laws. Structure/Owner OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree that the arbitrator may not consolidate proceedings Type of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. GOVERNING LAW AND FORUM This warranty and all Disputes are governed by the United States federal laws and laws of Ohio. Subject to the “Arbitration” provision in this warranty, if there are any Disputes that cannot be arbitrated, then the parties consent to the exclusive jurisdiction and venue of the state and federal courts in Ohio with respect to such Disputes. Check TRI-BUILT® Product (check the appropriate box Type of Titaniumbox) PRODUCT UV EXPOSURE WAVE LENGTH TRI-BUILT® Product TitaniumSynthetic Roof Underlayment 90 Days 20 Years TRI-BUILT® UDL25 MAX Premium Synthetic Roof Underlayment 180 days Days Limited Lifetime 40 years TitaniumTRI-BUILT® UDL30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® UDL50 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® X30 Synthetic Underlayment 180 days Limited Lifetime 40 years Titanium® PSU30 Granular Self-Adhered Underlayment 180 days Limited Lifetime 40 years ❑ ❑ ❑ ❑ ❑ Maximum exposure before covering Single family detached home owned by individuals30 Days 5 Years Contractor/Installer Name: Date of Installation: Address:

Appears in 1 contract

Samples: beaconproplus.com

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