Common use of Year Limited Warranty Clause in Contracts

Year Limited Warranty. Unirac warrants to Buyer that the components purchased from Unirac shall be free of defects in material and workmanship which substantially impair their ability to perform their intended function for a period of 25 years after the Warranty Commencement Date. WARRANTY CLAIMS If, within the Warranty Period set forth above, Xxxxx asserts that any Product fails to conform to the Limited Warranty, then Buyer shall notify Unirac and give Unirac an opportunity to inspect the Product and contest the Limited Warranty claim. The parties shall work in good faith to resolve any dispute expediently. For all acknowledged valid Limited Warranty claims, Unirac shall (a) repair or provide a replacement for the nonconforming Product, or the nonconforming part thereof, or (b) refund the purchase price of the nonconforming Product or non-conforming part, at Unirac’s option. Such repair, replacement or refund shall be Buyer’s and any transferee’s sole remedy under this Limited Warranty and shall fulfill all of Unirac’s obligations with respect to this Limited Warranty. Any such repair, replacement or refund does not cause the beginning of new Limited Warranty terms, nor shall the Limited Warranty period or Warranty Commencement Date of this Limited Warranty be extended. Unirac shall bear all costs of shipment or transportation for the repaired or replacement Product. For warranty service claims, please contact Unirac technical support at (000) 000-0000. Any potential claim under this Limited Warranty which Xxxxx fails to provide written notification to Unirac of within the Warranty Period is considered waived.

Year Limited Warranty. Unirac warrants Arctic Cove offers a 1-year limited warranty to Buyer the original purchaser of evaporative coolers for one year from the date of purchase against defects in material, manufacturing, and workmanship. This limited warranty is non-transferable. Warranties for other Arctic Cove products may vary. WHAT IS NOT COVERED Comment [GJ1]: This is good language, but in practice we have to remember that it has limitations. Warranties are usually extended to members of the components purchased buyer’s household or other foreseeable users of the product. This 1 year limited warranty applies only to the original purchaser from Unirac shall an authorized retailer and may not be transferred to another party. This warranty only covers defects in material, manufacturing, and workmanship. It does not cover any malfunction, failure, or defect resulting from misuse, abuse, neglect, alteration, modification, and excessive exposure to the elements, normal wear and tear, or repair by other than an authorized party of One World Technologies (OWT), Inc. In the event that an original evaporative cooler is replaced by the manufacturer under the 1-year limited warranty, the one year limited warranty time frame does not re-start from the date of replacement. The replacement product is only covered by the limited warranty for the remaining time frame from the original date of purchase. Should a replacement product require further service or replacement, proof of original purchase from an authorized retailer and proof of replacement from the manufacturer must be presented for validation. Consumable accessories provided with this item are not covered. ARCTIC COVE AND ONE WORLD TECHNOLOGIES, INC., MAKE NO WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE QUALITY OR PERFORMANCE OF ITS EVAPORATIVE COOLERS OTHER THAN THOSE SPECIFICALLY STATED IN THIS WARRANTY. HOW TO OBTAIN SERVICE Subject to the aforementioned exceptions, Arctic Cove will repair or replace (at Arctic Cove’s discretion) any evaporative cooler which, after examination, is determined by Arctic Cove to be defective in material, manufacturing, or workmanship for one year from the original date of purchase. Bring the evaporative cooler in need of service to your nearest authorized retailer special services desk. A copy of the proof of purchase from an authorized retailer must be provided at the time of service to confirm the product has not transferred to another party from the original purchaser. A copy of the proof of previous replacement must also be included if applicable. Maintain the original documents for future reference. The authorized retailer and Arctic Cove will assess your product and provided paperwork to confirm the 1-year limited warranty is still valid. If any items in the ‘What is not covered’ section are found, then the 1-year limited warranty is null and void. A valid, legible product serial code must also be visible to obtain service under the Arctic Cove evaporative cooler 1-year limited warranty. After validation, the authorized retailer will arrange for your product to be serviced. If the authorized retailer and Arctic Cove deem that a product cannot be serviced and a replacement is necessary, a similar product of equal or greater value will be shipped to you free of defects in material and workmanship which substantially impair their ability to perform their intended function for a period of 25 years after the Warranty Commencement Datecharge by Arctic Cove. ACCEPTANCE OF THE EXCLUSIVE REPAIR AND REPLACEMENT REMEDIES DESCRIBED HEREIN IS A CONDITION OF THE CONTRACT FOR THE PURCHASE OF EVERY ARCITC COVE EVAPORATIVE COOLER PRODUCT. DETAILS OF THIS LIMITED WARRANTY ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU DO NOT AGREE TO THIS CONDITION, YOU SHOULD NOT PURCHASE THE PRODUCT. IN NO EVENT SHALL ARCTIC COVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY COSTS, ATTORNEY FEES, EXPENSES, LOSSES OR DELAYS ALLEGED TO BE AS A CONSEQUENCE OF ANY DAMAGE TO, FAILURE OF, OR DEFECT IN ANY PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS IfFOR LOSS OF PROFITS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, within the Warranty Period set forth aboveSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES, Xxxxx asserts that any Product fails to conform to the Limited WarrantyWRITTEN OR ORAL. TO THE EXTENT PERMITTED BY LAW, then Buyer shall notify Unirac and give Unirac an opportunity to inspect the Product and contest the Limited Warranty claimARCTIC COVE DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE; TO THE EXTENT SUCH DISCLAIMER IS NOT PERMITTED BY LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY AS DESCRIBED ABOVE. The parties shall work in good faith to resolve any dispute expedientlySOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. For all acknowledged valid Limited Warranty claimsTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, Unirac shall (a) repair or provide a replacement for the nonconforming Product, or the nonconforming part thereof, or (b) refund the purchase price of the nonconforming Product or non-conforming part, at Unirac’s option. Such repair, replacement or refund shall be Buyer’s and any transferee’s sole remedy under this Limited Warranty and shall fulfill all of Unirac’s obligations with respect to this Limited Warranty. Any such repair, replacement or refund does not cause the beginning of new Limited Warranty terms, nor shall the Limited Warranty period or Warranty Commencement Date of this Limited Warranty be extended. Unirac shall bear all costs of shipment or transportation for the repaired or replacement Product. For warranty service claims, please contact Unirac technical support at (000) 000-0000. Any potential claim under this Limited Warranty which Xxxxx fails to provide written notification to Unirac of within the Warranty Period is considered waivedAND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Year Limited Warranty. Unirac warrants Arctic Cove offers a 1-year limited warranty to Buyer the original purchaser of misting bottles for one year from the date of purchase against defects in material, manufacturing, and workmanship. This limited warranty is non-transferable. Warranties for other Arctic Cove products may vary. WHAT IS NOT COVERED Comment [GJ1]: This is good language, but in practice we have to remember that it has limitations. Warranties are usually extended to members of the components purchased buyer’s household or other foreseeable users of the product. This 1 year limited warranty applies only to the original purchaser from Unirac shall an authorized retailer and may not be transferred to another party. This warranty only covers defects in material, manufacturing, and workmanship. It does not cover any malfunction, failure, or defect resulting from misuse, abuse, neglect, alteration, modification, and excessive exposure to the elements, normal wear and tear, or repair by other than an authorized party of One World Technologies (OWT), Inc. In the event that an original misting bottle is replaced by the manufacturer under the 1-year limited warranty, the one year limited warranty time frame does not re-start from the date of replacement. The replacement product is only covered by the limited warranty for the remaining time frame from the original date of purchase. Should a replacement product require further service or replacement, proof of original purchase from an authorized retailer and proof of replacement from the manufacturer must be presented for validation. Consumable accessories provided with this item are not covered. ARCTIC COVE AND ONE WORLD TECHNOLOGIES, INC., MAKE NO WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE QUALITY OR PERFORMANCE OF ITS MISTING BOTTLES OTHER THAN THOSE SPECIFICALLY STATED IN THIS WARRANTY. HOW TO OBTAIN SERVICE Subject to the aforementioned exceptions, Arctic Cove will repair or replace (at Arctic Cove’s discretion) any misting bottle which, after examination, is determined by Arctic Cove to be defective in material, manufacturing, or workmanship for one year from the original date of purchase. Bring the misting bottle in need of service to your nearest authorized retailer special services desk. A copy of the proof of purchase from an authorized retailer must be provided at the time of service to confirm the product has not transferred to another party from the original purchaser. A copy of the proof of previous replacement must also be included if applicable. Maintain the original documents for future reference. The authorized retailer and Arctic Cove will assess your product and provided paperwork to confirm the 1-year limited warranty is still valid. If any items in the ‘What is not covered’ section are found, then the 1-year limited warranty is null and void. A valid, legible product serial code must also be visible to obtain service under the Arctic Cove misting bottle 1-year limited warranty. After validation, the authorized retailer will arrange for your product to be serviced. If the authorized retailer and Arctic Cove deem that a product cannot be serviced and a replacement is necessary, a similar product of equal or greater value will be shipped to you free of defects in material and workmanship which substantially impair their ability to perform their intended function for a period of 25 years after the Warranty Commencement Datecharge by Arctic Cove. ACCEPTANCE OF THE EXCLUSIVE REPAIR AND REPLACEMENT REMEDIES DESCRIBED HEREIN IS A CONDITION OF THE CONTRACT FOR THE PURCHASE OF EVERY ARCITC COVE MISTING BOTTLE PRODUCT. DETAILS OF THIS LIMITED WARRANTY ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU DO NOT AGREE TO THIS CONDITION, YOU SHOULD NOT PURCHASE THE PRODUCT. IN NO EVENT SHALL ARCTIC COVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY COSTS, ATTORNEY FEES, EXPENSES, LOSSES OR DELAYS ALLEGED TO BE AS A CONSEQUENCE OF ANY DAMAGE TO, FAILURE OF, OR DEFECT IN ANY PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS IfFOR LOSS OF PROFITS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, within the Warranty Period set forth aboveSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES, Xxxxx asserts that any Product fails to conform to the Limited WarrantyWRITTEN OR ORAL. TO THE EXTENT PERMITTED BY LAW, then Buyer shall notify Unirac and give Unirac an opportunity to inspect the Product and contest the Limited Warranty claimARCTIC COVE DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE; TO THE EXTENT SUCH DISCLAIMER IS NOT PERMITTED BY LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY AS DESCRIBED ABOVE. The parties shall work in good faith to resolve any dispute expedientlySOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. For all acknowledged valid Limited Warranty claimsTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, Unirac shall (a) repair or provide a replacement for the nonconforming Product, or the nonconforming part thereof, or (b) refund the purchase price of the nonconforming Product or non-conforming part, at Unirac’s option. Such repair, replacement or refund shall be Buyer’s and any transferee’s sole remedy under this Limited Warranty and shall fulfill all of Unirac’s obligations with respect to this Limited Warranty. Any such repair, replacement or refund does not cause the beginning of new Limited Warranty terms, nor shall the Limited Warranty period or Warranty Commencement Date of this Limited Warranty be extended. Unirac shall bear all costs of shipment or transportation for the repaired or replacement Product. For warranty service claims, please contact Unirac technical support at (000) 000-0000. Any potential claim under this Limited Warranty which Xxxxx fails to provide written notification to Unirac of within the Warranty Period is considered waivedAND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Year Limited Warranty. Unirac warrants Arctic Cove offers a 1-year limited warranty to Buyer the original purchaser of misting fans for one year from the date of purchase against defects in material, manufacturing, and workmanship. This limited warranty is non-transferable. Warranties for other Arctic Cove products may vary. Comment [GJ1]: This is good language, but in practice we have to remember that it has limitations. Warranties are usually extended to members of the components purchased buyer’s household or other foreseeable users of the product. WHAT IS NOT COVERED This 1 year limited warranty applies only to the original purchaser from Unirac shall an authorized retailer and may not be transferred to another party. This warranty only covers defects in material, manufacturing, and workmanship. It does not cover any malfunction, failure, or defect resulting from misuse, abuse, neglect, alteration, modification, and excessive exposure to the elements, normal wear and tear, or repair by other than an authorized party of One World Technologies (OWT), Inc. In the event that an original misting fan is replaced by the manufacturer under the 1-year limited warranty, the one year limited warranty time frame does not re-start from the date of replacement. The replacement product is only covered by the limited warranty for the remaining time frame from the original date of purchase. Should a replacement product require further service or replacement, proof of original purchase from an authorized retailer and proof of replacement from the manufacturer must be presented for validation. Consumable accessories provided with this item are not covered. ARCTIC COVE AND ONE WORLD TECHNOLOGIES, INC., MAKE NO WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE QUALITY OR PERFORMANCE OF MISTING FANS OTHER THAN THOSE SPECIFICALLY STATED IN THIS WARRANTY. HOW TO OBTAIN SERVICE Subject to the aforementioned exceptions, Arctic Cove will repair or replace (at Arctic Cove’s discretion) any misting fan which, after examination, is determined by Arctic Cove to be defective in material, manufacturing, or workmanship for one year from the original date of purchase. Bring the misting fan in need of service to your nearest authorized retailer special services desk. A copy of the proof of purchase from an authorized retailer must be provided at the time of service to confirm the product has not transferred to another party from the original purchaser. A copy of the proof of previous replacement must also be included if applicable. Maintain the original documents for future reference. The authorized retailer and Arctic Cove will assess your product and provided paperwork to confirm the 1-year limited warranty is still valid. If any items in the ‘What is not covered’ section are found, then the 1-year limited warranty is null and void. A valid, legible product serial code must also be visible to obtain service under the Arctic Cove misting fan 1-year limited warranty. After validation, the authorized retailer will arrange for your product to be serviced. If the authorized retailer and Arctic Cove deem that a product cannot be serviced and a replacement is necessary, a similar product of equal or greater value will be shipped to you free of defects in material and workmanship which substantially impair their ability to perform their intended function for a period of 25 years after the Warranty Commencement Datecharge by Arctic Cove. ACCEPTANCE OF THE EXCLUSIVE REPAIR AND REPLACEMENT REMEDIES DESCRIBED HEREIN IS A CONDITION OF THE CONTRACT FOR THE PURCHASE OF EVERY ARCITC COVE MISTING FAN. DETAILS OF THIS LIMITED WARRANTY ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU DO NOT AGREE TO THIS CONDITION, YOU SHOULD NOT PURCHASE THE PRODUCT. IN NO EVENT SHALL ARCTIC COVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY COSTS, ATTORNEY FEES, EXPENSES, LOSSES OR DELAYS ALLEGED TO BE AS A CONSEQUENCE OF ANY DAMAGE TO, FAILURE OF, OR DEFECT IN ANY PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS IfFOR LOSS OF PROFITS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, within the Warranty Period set forth aboveSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES, Xxxxx asserts that any Product fails to conform to the Limited WarrantyWRITTEN OR ORAL. TO THE EXTENT PERMITTED BY LAW, then Buyer shall notify Unirac and give Unirac an opportunity to inspect the Product and contest the Limited Warranty claimARCTIC COVE DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE; TO THE EXTENT SUCH DISCLAIMER IS NOT PERMITTED BY LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY AS DESCRIBED ABOVE. The parties shall work in good faith to resolve any dispute expedientlySOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. For all acknowledged valid Limited Warranty claimsTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, Unirac shall (a) repair or provide a replacement for the nonconforming Product, or the nonconforming part thereof, or (b) refund the purchase price of the nonconforming Product or non-conforming part, at Unirac’s option. Such repair, replacement or refund shall be Buyer’s and any transferee’s sole remedy under this Limited Warranty and shall fulfill all of Unirac’s obligations with respect to this Limited Warranty. Any such repair, replacement or refund does not cause the beginning of new Limited Warranty terms, nor shall the Limited Warranty period or Warranty Commencement Date of this Limited Warranty be extended. Unirac shall bear all costs of shipment or transportation for the repaired or replacement Product. For warranty service claims, please contact Unirac technical support at (000) 000-0000. Any potential claim under this Limited Warranty which Xxxxx fails to provide written notification to Unirac of within the Warranty Period is considered waivedAND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Year Limited Warranty. Unirac warrants to Buyer that the components purchased from Unirac shall be free of defects in material and workmanship which substantially impair their ability to perform their intended function for a period of 25 20 years after the Warranty Commencement Date. WARRANTY CLAIMS If, within the Warranty Period set forth above, Xxxxx asserts that any Product fails to conform to the Limited Warranty, then Buyer shall notify Unirac and give Unirac an opportunity to inspect the Product and contest the Limited Warranty claim. The parties shall work in good faith to resolve any dispute expediently. For all acknowledged valid Limited Warranty claims, Unirac shall (a) repair or provide a replacement for the nonconforming Product, or the nonconforming part thereof, or (b) refund the purchase price of the nonconforming Product or non-conforming part, at Unirac’s option. Such repair, replacement or refund shall be Buyer’s and any transferee’s sole remedy under this Limited Warranty and shall fulfill all of Unirac’s obligations with respect to this Limited Warranty. Any such repair, replacement or refund does not cause the beginning of new Limited Warranty terms, nor shall the Limited Warranty period or Warranty Commencement Date of this Limited Warranty be extended. Unirac shall bear all costs of shipment or transportation for the repaired or replacement Product. For warranty service claims, please contact Unirac technical support at (000) 000-0000. Any potential claim under this Limited Warranty which Xxxxx fails to provide written notification to Unirac of within the Warranty Period is considered waived.

Year Limited Warranty. Unirac warrants to Buyer that The term of this Limited Warranty (“Warranty Period”) for the components purchased from Unirac Green Plank Product listed below shall be free ten (10) years from the date of defects in material and workmanship which substantially impair their ability to perform their intended function original purchase by or for a period of 25 years after residential application as long as the Warranty Commencement DateOriginal Purchaser owns the property upon which the Green Plank Product was installed. WARRANTY CLAIMS IfDecking: Everdeck™, InstaClick™ Green Plank written installation instructions are available from your Green Plank dealer or your contractor or from Green Plank at xxxxxxxxxx.xx or by writing to Green Plank. If a defect occurs within the Warranty Period, the Purchaser shall notify GREENPLANK in writing and, upon confirmation by an authorized GREENPLANK representative of the defect, GREENPLANK’s sole responsibility shall be, at its option, to either replace the defective item, in an amount equal to the volume (linear meter) of defective material as listed on the Prorated Warranty Schedule contained herein. Replacement Green Plank Product will be as close in color, design and quality to the original installation as reasonably possible, in GREENPLANK’s discretion and determination, but GREENPLANK does not guarantee an exact match as colors and designs may change. GREENPLANK 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 (not including the cost of its initial installation). This warranty shall not cover and GREENPLANK shall not be responsible for costs and expenses incurred with respect to the removal of defective GREENPLANK products, any freight, labor or the installation of replacement materials. The Warranty Period set forth shall not be extended by any such replacements but the replacement Product shall continue to be covered during the remainder of the original Warranty Period. GREENPLANK reserves the right to discontinue production of any Green Plank Product. If a Green Plank Product has been discontinued or is for some other reason no longer available, GREENPLANK reserves the right to substitute another product of comparable function and quality for such Green Plank Product. GREENPLANK shall not be liable for any indirect, incidental, punitive, consequential, exemplary or other damages of any kind whatsoever, whether any such claim is based upon theories of contract, warranty, negligence, tort, strict liability or otherwise. In any dispute over the performance of the product, the purchaser shall have the burden of proof that the Green Plank Product was installed and maintained in accordance with the GREENPLANK’s applicable instructions. WARRANTY REGISTRATION In order to validate your Warranty you must complete and mail the REGISTRTION CARD within 90 days after installation. A copy of the receipt from an authorized Green Plank AB's, Green Plank® Decking dealer or contractor and a photo of the project are required. Mail to: Green Xxxxx XX, Xxxxxxxxxx 0, XX-000 00 Xxxxx, Xxxxxx or eMail to: xxxx@XxxxxXxxxx.xx CLAIM PROCEDURE To make a claim under this Warranty to receive replacement product, the original owner must, within 30 days of actual constructive notice of damage covered under this warranty, prepare a letter that includes the following information: • A list of the number of pieces and the size of each piece for which the claim is made • Description of the claimed defect with pictures and proof of purchase, copy of the invoice, etc. • Copy of validated Warranty Registration card Download • Mail the above information to: Green Plank XX, Xxxxxxxxxx 0, XX-000 00 Xxxxx, Xxxxxx This Limited Warranty does not cover and GREENPLANK shall not be liable for any installation, removal or reinstallation costs. GREENPLANK does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of Green Plank Product and/or failure to abide by GREENPLANK’s installation guidelines, including but not limited to improper gapping, installation directly on top of or attached to a concrete slab, installation directly on the ground, installation on top of other decking, or any installation that does not provide for proper ventilation above, Xxxxx asserts that any Product fails to conform below, and to the Limited Warranty, then Buyer shall notify Unirac and give Unirac an opportunity to inspect the Product and contest the Limited Warranty claim. The parties shall work in good faith to resolve any dispute expediently. For all acknowledged valid Limited Warranty claims, Unirac shall (a) repair or provide a replacement for the nonconforming Productside, or lack of proper slope to allow water flow away from the nonconforming part thereofsurface; (2) use of Green Plank Product beyond normal residential use, or in an application not recommended by GREENPLANK’s guidelines and local building codes; (b3) refund movement, distortion, collapse or settling of the ground or the supporting structure on which Green Plank Product are installed; (4) defects or damages caused by accident, fire, flood, lightning, hurricane, tornado, sandstorm, earthquake or other acts of God, vandalism, misuse, abuse, harmful fumes, vapors or chemicals, settlement, structural shrinkage or distortion of the structure, environmental condition (such as air pollution, mold, mildew, etc.), staining from substances (such as dirt, grease, oil, etc.), or normal weathering (defined as exposure to sunlight, weather and atmosphere which will cause any colored surface to gradually fade, chalk, or accumulate dirt or stains); (5) variations or changes in color of Green Plank Product; (6) improper handling, storage, abuse or neglect of Green Plank Product by Purchaser, or third parties; or (7) ordinary wear and tear or (8) surface damage as a result of moving/dragging heavy objects or using shovels or sharp-edged tools to remove snow and ice on the surface of the product. GREENPLANK shall not be liable for incidental, special, consequential or other similar damages arising from the breach of this warranty. In particular, the liability of GREENPLANK, if any, and the Purchaser’s sole remedy for damages for any claim of any kind whatsoever, regardless of legal theory and whether arising in tort or contract, shall not be greater than the actual purchase price of the nonconforming Product or non-conforming part, at Unirac’s option. Such repair, replacement or refund shall be Buyer’s and any transferee’s sole remedy under this Limited Warranty and shall fulfill all of Unirac’s obligations product with respect to which such claim was made. No person or entity is authorized by GREENPLANK to make and GREENPLANK shall not be bound by any statement or representation as to the quality or performance of GREENPLANK products other than as contained in this Limited Warrantywarranty. Any such repairThis warranty may not be altered or amended except in a written instrument signed by GREENPLANK and Purchaser. UNDER NO CIRCUMSTANCES WILL GREENPLANK BE LIABLE FOR SPECIAL, replacement or refund does not cause the beginning of new INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDINGBUTNOTLIMITEDTONEGLIGENCEANDSTRICTLIABILITY)OR OTHERWISE,AND GREENPLANK’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE. Pro-rated Limited Warranty terms, nor shall the Limited Warranty period or Warranty Commencement Date Schedule Recovery 10 years Residential 15 years Residential 20 years Residential 25 years Residential Year of this Limited Warranty be extended. Unirac shall bear all costs claim Year of shipment or transportation for the repaired or replacement Product. For warranty service claims, please contact Unirac technical support at (000) 000-0000. Any potential claim under this Limited Warranty which Xxxxx fails to provide written notification to Unirac Year of within the Warranty Period is considered waived.claim Year of claim 100 % 0 – 3 years 0 – 5 years 0 – 5 years 0 – 5 years 80 % 4 years 6 – 7 years 6 – 8 years 6 – 8 years 60 % 5 years 8 – 9 years 9 – 10 years 9 – 10 years 40 % 6 - 7 years 10 – 12 years 11 – 13 years 11 – 15 years 20 % 8 years 13 - 14 years 14 – 16 years 16 – 20 years 10 % 9 - 10 years 15 years 17 – 20 years 21 – 25 years