Common use of Warranty Does Not Include Clause in Contracts

Warranty Does Not Include. For clarity, Customer acknowledges that Supplier makes no warranty with respect to (i) the Product after the point of sale, including placing, finishing or curing of the Product; (ii) any finished work in which the Product is used; or (iii) the suitability of the Product for any particular use. Furthermore, the warranty set out in Section 7 shall not apply and Supplier has no liability hereunder if: a. Sampling and testing of Product is not in strict accordance with the ASTM Standards or if results are not interpreted in strict accordance with ASTM Standards; b. Addition of water by Customer or at Customer’s request results in the slump exceeding the maximum specified slump and/or water/cementitious ratio (if applicable); c. Customer or any other party on Customer’s request adds or mixes any materials or admixtures unless authorized in writing by the Supplier; d. Customer specifies any of the proportions of the Product mixed, regardless of acceptance of mix submittal by Supplier, beyond the responsibility assumed by the Supplier for mix performance as specified in ASTM C94 6.4 - 6.7; e. Placement of Product is not completed within the timeframe specified for delivery and placing, for any reason other than Supplier’s breach of this Agreement; f. Customer fails to supply any applicable project specification, supplies an incorrect project specification or orders Product that does not meet applicable ASTM Standards; or g. Installed Product is exposed to any non-traditional or alternative chemical de-icing materials (including calcium chloride, calcium magnesium acetate (CMA), potassium chloride, magnesium chloride or urea), application techniques or application rates.

Warranty Does Not Include. For clarity, Customer acknowledges that Supplier makes no warranty with respect to (i) the Product after the point of sale, including placing, finishing or curing of the Product; (ii) any finished work in which the Product is used; or (iii) the suitability of the Product for any particular use. Furthermore, the warranty set out in Section 7 shall not apply and Supplier has no liability hereunder if: a. Sampling and testing of Product is not in strict accordance with the ASTM CSA Standards or if results are not interpreted in strict accordance with ASTM CSA Standards; b. Addition of water by Customer or at Customer’s request results in the slump exceeding the maximum specified slump and/or water/cementitious ratio (if applicable); c. Customer or any other party (including Supplier) on Customer’s request adds or mixes any materials or admixtures unless authorized in writing by the Supplier; d. Customer specifies any of the proportions of the Product mixed, regardless of acceptance of mix submittal by Supplier, beyond the responsibility assumed by the Supplier for mix performance as specified in ASTM C94 6.4 - 6.7CSA A23.1; e. Placement of Product is not completed within the timeframe specified for delivery and placing, for any reason other than Supplier’s breach of this Agreement; f. Customer fails to supply any applicable project specification, supplies an incorrect project specification specification, or orders Product that does not meet applicable ASTM CSA Standards; or g. Installed Product is exposed to any non-traditional or alternative chemical de-icing materials (including calcium chloride, calcium magnesium acetate (CMA), potassium chloride, magnesium chloride or chloride, and urea), application techniques or application rates.