Common use of Within Ten Years Clause in Contracts

Within Ten Years. If a defect covered by this warranty is reported to us in writing within ten years of purchase, and the claim is deemed valid, we will supply new material of the same or similar grade sufficient to repair or replace the defective material.We will pay all reasonable labor costs.* Provided that (1) the LVT is installed using the full spread Commercialon Nexus and LVT modular adhesive or TileTabs method (5mm only) and other guidelines described in our LVT installation instructions. If LVT is to be replaced, areas must be cleared at the customer’s expense of all equipment, furnishings, partitions and similar materials that may have been placed over the LVT subsequent to completion of the original installation. Note:The use of Commercialon® Premium Modular Adhesive or appropriate TileTabs is required and must be ordered with the LVT to receive the 10 year warranties. Failure to order the adhesive or TileTabs will result in the warranty period being reduced to one (1) year. WARRANTY TERM/COVERGE: 10 years • All manufacturing defects • Wear – the product will not wear through to (damage or affect) the printed film layer due to normal traffic EXCLUSIONS: The following are not covered by this warranty • Damage caused by improper installation and/or maintenance • Differences in color between products and samples or photographs • Problems arising from excessive moisture, alkali or water pressure from the sub- floor • Indentation from improper loading including high heels, spiked shoes, rolling loads, chairs or other furniture not using proper floor protectors • Discoloration, including but not limited to UV light and heat sources • Surface scratches, changes in shading, texture and/or gloss during use • Damage caused by chemically reactive material, carpet crocking, dye, mold, stains, spillage, xxxxx, gouges, scratches, indentations, floods, accidents, abuse or any harsh scouring pads while buffing • Inappropriate end-user activities • Construction or installation-related damage • Damage caused by fire, flooding or intentional abuse • Failure to purchase and use Commercialon Premium Modular/ LVT Adhesive LIMITATION ON DAMAGES: We exclude and shall not pay any incidental or consequential damages under this warranty.This shall include any liability for lost profits or any indirect, special or consequential damages.The remedies contained herein are the only remedies available for a breach of warranty of any kind. Our sole obligation and Distributor’s sole remedy for claims arising hereunder for any and all losses and damages resulting from any cause shall be that we shall repair, at the our option, or replace the defective material. In no event, including in the case of a claim of negligence, shall we be liable for incidental or consequential damages. CLAIMS: Any claim must be made within seven (7) days after purchaser learns of the facts upon which such claim is based. All claims not made in writing and received by us within the time period specified above shall be deemed waived. Any claims for surface defects or variations in color must be communicated to us in writing prior to the actual installation. If the product is already installed, then we must examine and verify the defect. NOTE: SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATIONS OF INCIDENTAL OR COSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO OTHER WARRANTIES BEYOND THIS EXPRESS WARRANTY. ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. NO IMPLIED WARRANTIES OF ANY KIND ARE PROVIDED. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES OR CONDITION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, FOR ANY BREACH OF CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY, NEGLIGENCE OR PART THEREOF FURNISHED HEREUNDER. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY FOR THE CONTRACT PRODUCTS. *reasonable labor costs shall be determined solely by us.

Within Ten Years. If a defect covered by this warranty is reported to us EF Contract in writing within ten years of purchase, and the claim is deemed valid, we EF Contract will supply new material of the same or similar grade sufficient to repair or replace the defective material.We . EF Contract will pay all reasonable labor costs.* Provided that (1) the LVT is installed using the full spread Commercialon Nexus and LVT modular adhesive or TileTabs method (5mm only) and other guidelines described in our LVT installation instructions. If LVT is to be replaced, areas must be cleared at the customer’s expense of all equipment, furnishings, partitions and similar materials that may have been placed over the LVT subsequent to completion of the original installation. Note:The use of Commercialon® Premium Modular Adhesive or appropriate TileTabs is required and must be ordered with the LVT to receive the 10 year warranties. Failure to order the adhesive or TileTabs will result in the warranty period being reduced to one (1) year. WARRANTY TERM/COVERGE: 10 years • All manufacturing defects • Wear – the product will not wear through to (damage or affect) the printed film layer due to normal traffic EXCLUSIONS: The following are not covered by this warranty • Damage caused by improper installation and/or maintenance • Differences in color between products and samples or photographs • Problems arising from excessive moisture, alkali or water pressure from the sub- sub-floor • Indentation from improper loading including high heels, spiked shoes, rolling loads, chairs or other furniture not using proper floor protectors • Discoloration, including but not limited to UV light and heat sources • Surface scratches, changes in shading, texture and/or gloss during use • Damage caused by chemically reactive material, carpet crocking, dye, mold, stains, spillage, xxxxx, gouges, scratches, indentations, floods, accidents, abuse or any harsh scouring pads while buffing xxxxxxxxxxxxxxxxxx.xxx | p 000 000 0000 • Inappropriate end-user activities • Construction or installation-related damage • Damage caused by fire, flooding or intentional abuse • Failure to purchase and use Commercialon Premium Modular/ LVT Adhesive LIMITATION ON DAMAGES: We exclude EF Contract excludes and shall not pay any incidental or consequential damages under this warranty.. This shall include any liability for lost profits or any indirect, special or consequential damages.. The remedies contained herein are the only remedies available for a breach of warranty of any kind. Our EF Contract’s sole obligation and Distributor’s sole remedy for claims arising hereunder for any and all losses and damages resulting from any cause shall be that we EF Contract shall repair, at the our optionoption of EF Contract, or replace the defective material. In no event, including in the case of a claim of negligence, shall we EF Contract be liable for incidental or consequential damages. CLAIMS: Any claim must be made within seven (7) days after purchaser learns of the facts upon which such claim is based. All claims not made in writing and received by us EF Contract within the time period specified above shall be deemed waived. .Any claims for surface defects or variations in color must be communicated to us EF Contract in writing prior to the actual installation. If the product is already installed, then we EF Contract must examine and verify the defect. NOTE: SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATIONS OF INCIDENTAL OR COSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO OTHER WARRANTIES BEYOND THIS EXPRESS WARRANTY. ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. NO IMPLIED WARRANTIES OF ANY KIND ARE PROVIDED. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES OR CONDITION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, FOR ANY BREACH OF CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY, NEGLIGENCE OR PART THEREOF FURNISHED HEREUNDER. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY FOR THE CONTRACT PRODUCTS. *reasonable labor costs shall be determined solely by us.

Within Ten Years. If a defect covered by this warranty is reported to us EF Contract in writing within ten years of purchase, and the claim is deemed valid, we EF Contract will supply new material of the same or similar grade sufficient to repair or replace the defective material.We . EF Contract will pay all reasonable labor costs.* Provided that (1) the LVT is installed using the full spread Commercialon Nexus and LVT modular adhesive or TileTabs method (5mm only) and other guidelines described in our LVT installation instructions. If LVT is to be replaced, areas must be cleared at the customer’s expense of all equipment, furnishings, partitions and similar materials that may have been placed over the LVT subsequent to completion of the original installation. Note:The use of Commercialon® Premium Modular Adhesive or appropriate TileTabs is required and must be ordered with the LVT to receive the 10 year warranties. Failure to order the adhesive or TileTabs will result in the warranty period being reduced to one (1) year. WARRANTY TERM/COVERGE: 10 years • All manufacturing defects • Wear – the product will not wear through to (damage or affect) the printed film layer due to normal traffic EXCLUSIONS: The following are not covered by this warranty • Damage caused by improper installation and/or maintenance • Differences in color between products and samples or photographs • Problems arising from excessive moisture, alkali or water pressure from the sub- sub-floor • Indentation from improper loading including high heels, spiked shoes, rolling loads, chairs or other furniture not using proper floor protectors • Discoloration, including but not limited to UV light and heat sources • Surface scratches, changes in shading, texture and/or gloss during use • Damage caused by chemically reactive material, carpet crocking, dye, mold, stains, spillage, xxxxx, gouges, scratches, indentations, floods, accidents, abuse or any harsh scouring pads while buffing • Inappropriate end-user activities • Construction or installation-related damage • Damage caused by fire, flooding or intentional abuse • Failure to purchase and use Commercialon Premium Modular/ LVT Adhesive LIMITATION ON DAMAGES: We exclude EF Contract excludes and shall not pay any incidental or consequential damages under this warranty.. This shall include any liability for lost profits or any indirect, special or consequential damages.. The remedies contained herein are the only remedies available for a breach of warranty of any kind. Our EF Contract’s sole obligation and Distributor’s sole remedy for claims arising hereunder for any and all losses and damages resulting from any cause shall be that we EF Contract shall repair, at the our optionoption of EF Contract, or replace the defective material. In no event, including in the case of a claim of negligence, shall we EF Contract be liable for incidental or consequential damages. CLAIMS: Any claim must be made within seven (7) days after purchaser learns of the facts upon which such claim is based. All claims not made in writing and received by us EF Contract within the time period specified above shall be deemed waived. .Any claims for surface defects or variations in color must be communicated to us EF Contract in writing prior to the actual installation. If the product is already installed, then we EF Contract must examine and verify the defect. NOTE: SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATIONS OF INCIDENTAL OR COSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO OTHER WARRANTIES BEYOND THIS EXPRESS WARRANTY. ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. NO IMPLIED WARRANTIES OF ANY KIND ARE PROVIDED. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES OR CONDITION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, FOR ANY BREACH OF CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY, NEGLIGENCE OR PART THEREOF FURNISHED HEREUNDER. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY FOR THE CONTRACT PRODUCTS. *reasonable labor costs shall be determined solely by usEF Contract.

Within Ten Years. If a defect covered by this warranty is reported to us in writing within ten years of purchase, and the claim is deemed valid, we will supply new material of the same or similar grade sufficient to repair or replace the defective material.We will pay all reasonable labor costs.* Provided that (1) the LVT is installed using the full spread Commercialon Nexus and LVT modular adhesive or TileTabs method (5mm only) and other guidelines described in our LVT installation instructions. If LVT is to be replaced, areas must be cleared at the customer’s expense of all equipment, furnishings, partitions and similar materials that may have been placed over the LVT subsequent to completion of the original installation. Note:The use of Commercialon® Premium Modular Adhesive or appropriate TileTabs is required and must be ordered with the LVT to receive the 10 year warranties. Failure to order the adhesive or TileTabs will result in the warranty period being reduced to one (1) year. WARRANTY TERM/COVERGE: 10 years • All manufacturing defects • Wear – the product will not wear through to (damage or affect) the printed film layer due to normal traffic EXCLUSIONS: The following are not covered by this warranty • Damage caused by improper installation and/or maintenance • Differences in color between products and samples or photographs • Problems arising from excessive moisture, alkali or water pressure from the sub- floor • Indentation from improper loading including high heels, spiked shoes, rolling loads, chairs or other furniture not using proper floor protectors • Discoloration, including but not limited to UV light and heat sources • Surface scratches, changes in shading, texture and/or gloss during use • Damage caused by chemically reactive material, carpet crocking, dye, mold, stains, spillage, xxxxx, gouges, scratches, indentations, floods, accidents, abuse or any harsh scouring pads while buffing • Inappropriate end-user activities • Construction or installation-related damage • Damage caused by fire, flooding or intentional abuse • Failure to purchase and use Commercialon Premium Modular/ LVT Adhesive LIMITATION ON DAMAGES: We exclude and shall not pay any incidental or consequential damages under this warranty.This shall include any liability for lost profits or any indirect, special or consequential damages.The remedies contained herein are the only remedies available for a breach of warranty of any kind. Our sole obligation and Distributor’s sole remedy for claims arising hereunder for any and all losses and damages resulting from any cause shall be that we shall repair, at the our option, or replace the defective material. In no event, including in the case of a claim of negligence, shall we be liable for incidental or consequential damages. CLAIMS: Any claim must be made within seven (7) days after purchaser learns of the facts upon which such claim is based. All claims not made in writing and received by us within the time period specified above shall be deemed waived. Any claims for surface defects or variations in color must be communicated to us in writing prior to the actual installation. If the product is already installed, then we must examine and verify the defect. NOTE: SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATIONS OF INCIDENTAL OR COSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO OTHER WARRANTIES BEYOND THIS EXPRESS WARRANTY. ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. NO IMPLIED WARRANTIES OF ANY KIND ARE PROVIDED. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES OR CONDITION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, FOR ANY BREACH OF CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY, NEGLIGENCE OR PART THEREOF FURNISHED HEREUNDER. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY FOR THE CONTRACT PRODUCTS. *reasonable labor costs shall be determined solely by us.