Common use of Warranty Exclusions and Limitations Clause in Contracts

Warranty Exclusions and Limitations. This Warranty does not cover glass breakage (with the exceptions and limitations as described in the stress crack section of this Warranty), glass color, bent glass, decorative/art type glass, distortion (including tempered glass), minor glass imperfections that do not affect the normal vision or product performance including curvature of glass due to atmospheric conditions, or any other failures or operating difficulties due to accident, abuse, misuse, alteration, misapplication, faulty building construction or design, exposure to elements when the glass has not been installed by Xxxxx, improper or insufficient handling, storage, installation, maintenance or service, installation in sloped glazing, or non-standard installations including, but not limited to, installation in a non-vertical, upside down, on-the-side, or out-of-square position. Also excluded from this Warranty are failures or operating difficulties resulting from the exposure to corrosive fumes or condensates, stress from movement of the structure in which the glass is installed, the rattling of grilles/bars in an air space, scratches to the glass caused by sanding/poor finishing techniques, use of night insulation or field applied films and coatings, or use in swimming pool, whirlpool tubs, spas or other high-humidity areas without adequate ventilation or humidity control. Condensation or frost is not a defect but is a result of excessive humidity. There are size limitations of glass, if exceeded, that void the warranty on the glass in all respects. You may reference xxx.xxxxx-xxxxx.xxx for the limitations. THIS EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES THAT EXTEND BEYOND THIS EXPRESS LIMITED WARRANTY. XXXXX DOES NOT WARRANT ANY SPECIAL PRODUCT OR ITEM WHICH IS MANUFACTURED ACCORDING TO SPECIFICATIONS PROVIDED BY THE CUSTOMER, ITS AGENTS OR REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL XXXXX BE LIABLE FOR ANY COSTS OF SHIPPING, TAXES, LABOR FOR DISASSEMBLY, REMOVAL OR REINSTALLATION OF THE PRODUCT OR ANY PART, INCLUDING THE INSULATING GLASS, PAINTING (EXCEPT AS PROVIDED BY THIS WARRANTY), STAINING OR ANY OTHER ACTIVITY NECESSARY IN FINISHING THE REINSTALLATION OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS TO OTHER PROPERTY. THE REMEDIES PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES AT LAW OR EQUITY. PROCEDURE FOR CUSTOMER TO FOLLOW IN SEEKING PERFORMANCE UNDER THIS LIMITED WARRANTY Written notice of any claim under this Warranty must be given to Xxxxx & Xxxxx Millwork Co., Inc., 0000 X. Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxx 00000-0000, within thirty (30) days of discovery, and in any event, within the above stated Warranty period. No warranty shall apply in the absence of such notice. After receipt of notice, a representative of Xxxxx, or a representative of Xxxxx’x Distributor or Dealer, will examine the claim and advise the customer concerning its disposition. Xxxxx shall not be liable for any product repaired or replaced without its prior written consent. NOTICE OF RIGHTS Some states do not allow limitation on how long an implied Warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. No customer, distributor, salesperson, dealer, retailer or other representative of Xxxxx has the authority to alter or change this Express Limited Warranty either orally or in writing. MEDIATION AND ARBITRATION In the event of any disagreement or dispute between Xxxxx and any customer relating to this Warranty, any agreement between Xxxxx and a customer, any Xxxxx product or any dealings between Xxxxx and a customer, or any claims under state or federal law, the parties shall submit such disagreement or dispute initially to mediation. If they are unable to resolve the disagreement or dispute by mediation, the matter will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association or another similar association or service mutually agreeable to the parties. The mediation and arbitration shall be carried out in Wausau, Wisconsin and judgment upon the award rendered pursuant to such proceeding may be entered in any court having jurisdiction thereof. GOVERNING LAW This Express Limited Warranty shall be governed by and construed in accordance with the laws of the State of Wisconsin. 5007090-SP

Warranty Exclusions and Limitations. This limited warranty covers Fencing that is both (i) installed with strict adherence to Cali Bamboo’s installation guide found online at xxxxx://xxx.xxxxxxxxxx.xxx/easy-fencing/ (the “Installation Guide”) and (ii) maintained in accordance with Cali Bamboo’s care and maintenance guidelines found online at xxxxx://xxx.xxxxxxxxxx.xxx/low-maintenance-fencing/ (the “Maintenance Guide”). Cali Bamboo will provide copies of these guides upon request by Warranty Holder. This limited warranty does not cover glass breakage extend to or cover: (with the exceptions and limitations as described in the stress crack section of this Warranty), glass color, bent glass, decorative/art type glass, distortion (including tempered glass), minor glass imperfections that do not affect the normal vision or product performance including curvature of glass a) discoloration due to atmospheric conditionssunlight or adverse weather, as well as the presence of soft rot fungi and mold, which are commonly associated with outdoor organic products like bamboo; (b) corrosion or any other failures rust on or operating difficulties due to accident, abuse, misuse, alteration, misapplication, faulty building construction or design, exposure to elements when the glass has not been installed by Xxxxx, around a galvanized steel wiring system; (c) improper or insufficient handlingtransportation, storage, installation, maintenance and the purchaser’s failure to properly maintain the Fencing; (d) Fencing damage caused by moisture, excessive heat or servicecold, installation in sloped glazingexcessive dryness, negligence, water, erosion, pets, insects, sanding, settlement or non-standard installations including, but not limited to, installation in a non-vertical, upside down, on-the-side, or out-of-square position. Also excluded from this Warranty are failures or operating difficulties resulting from the exposure to corrosive fumes or condensates, stress from movement of the structure in to which the glass Fencing is installed, attached; (e) cracking or splits over time consistent with normal wear and tear. This limited warranty excludes inconsistency in size of the rattling of grilles/bars in an air space, scratches to the glass caused by sanding/poor finishing techniques, use of night insulation or field applied films poles and coatings, or use in swimming pool, whirlpool tubs, spas or other high-humidity areas without adequate ventilation or humidity control. Condensation or frost is not a defect but is a result of excessive humidity. There are size limitations of glass, if exceeded, that void the warranty on the glass in all respects. You may reference xxx.xxxxx-xxxxx.xxx for the limitationscolor variation between orders. THIS EXPRESS LIMITED IS THE COMPLETE WARRANTY AND IT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY EVERY KIND, WHETHER CONTRACTUAL OR FITNESS FOR A PARTICULAR PURPOSESTATUTORY, OR ANY OTHER WARRANTIES THAT EXTEND BEYOND THIS EXPRESS LIMITED WARRANTYALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. XXXXX DOES NOT WARRANT ANY SPECIAL PRODUCT OR ITEM WHICH IS MANUFACTURED ACCORDING TO SPECIFICATIONS PROVIDED BY THE CUSTOMER, ITS AGENTS OR REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL XXXXX BE LIABLE FOR ANY COSTS OF SHIPPING, TAXES, LABOR FOR DISASSEMBLY, REMOVAL OR REINSTALLATION OF THE PRODUCT OR ANY PART, INCLUDING THE INSULATING GLASS, PAINTING (EXCEPT AS PROVIDED BY THIS WARRANTY), STAINING OR ANY OTHER ACTIVITY NECESSARY IN FINISHING THE REINSTALLATION OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS TO OTHER PROPERTY. THE REMEDIES PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES AT LAW OR EQUITY. PROCEDURE FOR CUSTOMER TO FOLLOW IN SEEKING PERFORMANCE UNDER THIS LIMITED WARRANTY Written notice of any claim under this Warranty must be given to Xxxxx & Xxxxx Millwork Co., Inc., 0000 X. Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxx 00000-0000, within thirty (30) days of discovery, and in any event, within the above stated Warranty period. No warranty shall apply in the absence of such notice. After receipt of notice, a representative of Xxxxx, or a representative of Xxxxx’x Distributor or Dealer, will examine the claim and advise the customer concerning its disposition. Xxxxx shall not be liable for any product repaired or replaced without its prior written consent. NOTICE OF RIGHTS Some states do not allow limitation limitations on how long the duration of an implied Warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damageswarranty, so these limitations or exclusions the above limitation may not apply to you. This Warranty warranty gives you specific legal rights, and you may also have other rights, which may rights that vary from state to state. No customerLimitation of Damages: IN NO EVENT SHALL CALI BAMBOO BE LIABLE UNDER THIS WARRANTY FOR SPECIAL, distributorINCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CALI BAMBOO HAS BEEN INFORMED, salespersonOR SHOULD BE AWARE, dealerOF THEIR LIKELIHOOD, retailer or other representative of Xxxxx has the authority to alter or change this Express Limited Warranty either orally or in writing. MEDIATION AND ARBITRATION In the event of any disagreement or dispute between Xxxxx and any customer relating to this Warranty, any agreement between Xxxxx and a customer, any Xxxxx product or any dealings between Xxxxx and a customer, or any claims under state or federal law, the parties shall submit such disagreement or dispute initially to mediation. If they are unable to resolve the disagreement or dispute by mediation, the matter will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association or another similar association or service mutually agreeable to the parties. The mediation and arbitration shall be carried out in Wausau, Wisconsin and judgment upon the award rendered pursuant to such proceeding may be entered in any court having jurisdiction thereof. GOVERNING LAW This Express Limited Warranty shall be governed by and construed in accordance with the laws of the State of Wisconsin. 5007090-SPOR FOR ANY OBLIGATIONS OR DAMAGES OTHER THAN THE SPECIFIC WARRANTY

Warranty Exclusions and Limitations. This Warranty does not cover glass breakage (with the exceptions and limitations as described in the stress crack section of this Warranty), glass color, bent glass, decorative/art type glass, distortion (including tempered glass), minor glass imperfections that do not affect the normal vision or product performance including curvature of glass due to atmospheric conditions, or any other failures or operating difficulties due to accident, abuse, misuse, alteration, misapplication, faulty building construction or design, exposure to elements when the glass has not been installed by Xxxxx, improper or insufficient handling, storage, installation, maintenance or service, installation in sloped glazing, or non-standard installations including, but not limited to, installation in a non-vertical, upside down, on-the-side, or out-of-square position. Also excluded from this Warranty are failures or operating difficulties resulting from the exposure to corrosive fumes or condensates, stress from movement of the structure in which the glass is installed, the rattling of grilles/bars in an air space, scratches to the glass caused by sanding/poor finishing techniques, use of night insulation or field applied films and coatings, or use in swimming pool, whirlpool tubs, spas or other high-humidity areas without adequate ventilation or humidity control. Condensation or frost is not a defect but is a result of excessive humidity. There are size limitations of glass, if exceeded, that void the warranty on the glass in all respects. You may reference xxx.xxxxx-xxxxx.xxx xxx.xxxxx-xxxxx.com for the limitations. THIS EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES THAT EXTEND BEYOND THIS EXPRESS LIMITED WARRANTY. XXXXX DOES NOT WARRANT ANY SPECIAL PRODUCT OR ITEM WHICH IS MANUFACTURED ACCORDING TO SPECIFICATIONS PROVIDED BY THE CUSTOMER, ITS AGENTS OR REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL XXXXX BE LIABLE FOR ANY COSTS OF SHIPPING, TAXES, LABOR FOR DISASSEMBLY, REMOVAL OR REINSTALLATION OF THE PRODUCT OR ANY PART, INCLUDING THE INSULATING GLASS, PAINTING (EXCEPT AS PROVIDED BY THIS WARRANTY), STAINING OR ANY OTHER ACTIVITY NECESSARY IN FINISHING THE REINSTALLATION OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS TO OTHER PROPERTY. THE REMEDIES PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES AT LAW OR EQUITY. PROCEDURE FOR CUSTOMER TO FOLLOW IN SEEKING PERFORMANCE UNDER THIS LIMITED WARRANTY Written notice of any claim under this Warranty must be given to Xxxxx & Xxxxx Millwork Co., Inc., 0000 X. Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxx 00000-0000, within thirty (30) days of discovery, and in any event, within the above stated Warranty period. No warranty shall apply in the absence of such notice. After receipt of notice, a representative of Xxxxx, or a representative of Xxxxx’x Distributor or Dealer, will examine the claim and advise the customer concerning its disposition. Xxxxx shall not be liable for any product repaired or replaced without its prior written consent. NOTICE OF RIGHTS Some states do not allow limitation on how long an implied Warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. No customer, distributor, salesperson, dealer, retailer or other representative of Xxxxx has the authority to alter or change this Express Limited Warranty either orally or in writing. MEDIATION AND ARBITRATION In the event of any disagreement or dispute between Xxxxx and any customer relating to this Warranty, any agreement between Xxxxx and a customer, any Xxxxx product or any dealings between Xxxxx and a customer, or any claims under state or federal law, the parties shall submit such disagreement or dispute initially to mediation. If they are unable to resolve the disagreement or dispute by mediation, the matter will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association or another similar association or service mutually agreeable to the parties. The mediation and arbitration shall be carried out in Wausau, Wisconsin and judgment upon the award rendered pursuant to such proceeding may be entered in any court having jurisdiction thereof. GOVERNING LAW This Express Limited Warranty shall be governed by and construed in accordance with the laws of the State of Wisconsin. 5007090-SP

Warranty Exclusions and Limitations. This Warranty does not cover glass breakage (with the exceptions and limitations as described in the stress crack section of this Warranty), glass color, bent glass, decorative/art type glass, distortion (including tempered glass), minor glass imperfections that do not affect the normal vision or product performance including curvature of glass due to atmospheric conditions, or any other failures or operating difficulties due to accident, abuse, misuse, alteration, misapplication, faulty building construction or design, exposure to elements when the glass has not been installed by Xxxxx, improper or insufficient handling, storage, installation, maintenance or service, installation in sloped glazing, or non-standard installations including, but not limited to, installation in a non-vertical, upside down, on-the-side, or out-of-square position. Also excluded from this Warranty are failures or operating difficulties resulting from the exposure to corrosive fumes or condensates, stress from movement of the structure in which the glass is installed, the rattling of grilles/bars in an air space, scratches to the glass caused by sanding/poor finishing techniques, use of night insulation or field applied films and coatings, or use in swimming pool, whirlpool tubs, spas or other high-humidity areas without adequate ventilation or humidity control. Condensation or frost is not a defect but is a result of excessive humidity. There are size limitations of glass, if exceeded, that void the warranty on the glass in all respects. You may reference xxx.xxxxx-xxxxx.xxx for the limitations. THIS EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES THAT EXTEND BEYOND THIS EXPRESS LIMITED WARRANTY. XXXXX DOES NOT WARRANT ANY SPECIAL PRODUCT OR ITEM WHICH IS MANUFACTURED ACCORDING TO SPECIFICATIONS PROVIDED BY THE CUSTOMER, ITS AGENTS OR REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL XXXXX BE LIABLE FOR ANY COSTS OF SHIPPING, TAXES, LABOR FOR DISASSEMBLY, REMOVAL OR REINSTALLATION OF THE PRODUCT OR ANY PART, INCLUDING THE INSULATING GLASS, PAINTING (EXCEPT AS PROVIDED BY THIS WARRANTY), STAINING OR ANY OTHER ACTIVITY NECESSARY IN FINISHING THE REINSTALLATION OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS TO OTHER PROPERTY. THE REMEDIES PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES AT LAW OR EQUITY. PROCEDURE FOR CUSTOMER TO FOLLOW IN SEEKING PERFORMANCE UNDER THIS LIMITED WARRANTY Written notice of any claim under this Warranty must be given to Xxxxx Kolbe & Xxxxx Kolbe Millwork Co., Inc., 0000 X. Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxx 00000-0000, within thirty (30) days of discovery, and in any event, within the above stated Warranty period. No warranty shall apply in the absence of such notice. After receipt of notice, a representative of Xxxxx, or a representative of Xxxxx’x Distributor or Dealer, will examine the claim and advise the customer concerning its disposition. Xxxxx shall not be liable for any product repaired or replaced without its prior written consent. NOTICE OF RIGHTS Some states do not allow limitation on how long an implied Warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. No customer, distributor, salesperson, dealer, retailer or other representative of Xxxxx has the authority to alter or change this Express Limited Warranty either orally or in writing. MEDIATION AND ARBITRATION In the event of any disagreement or dispute between Xxxxx and any customer relating to this Warranty, any agreement between Xxxxx and a customer, any Xxxxx product or any dealings between Xxxxx and a customer, or any claims under state or federal law, the parties shall submit such disagreement or dispute initially to mediation. If they are unable to resolve the disagreement or dispute by mediation, the matter will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association or another similar association or service mutually agreeable to the parties. The mediation and arbitration shall be carried out in Wausau, Wisconsin and judgment upon the award rendered pursuant to such proceeding may be entered in any court having jurisdiction thereof. GOVERNING LAW This Express Limited Warranty shall be governed by and construed in accordance with the laws of the State of Wisconsin. 5007090-SP