Common use of Year Limited Warranty Clause in Contracts

Year Limited Warranty. The term of this Limited Warranty (“Warranty Period”) for Fiberon Relax Decking shall be fifteen (15) years from the date of original purchase by or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Without limitation on any other provision of this Limited Warranty, Fiberon does not warrant for stain resistance resulting from spilled or otherwise applied substances that are not properly cleaned with soap and water or mild household cleaners immediately. All warranties are void and excluded in their entirety in any of the following events: • Failure to install, care for and maintain the Fiberon Product in accordance with written instructions and the conditions stated below voids all warranties in their entirety. • Use of abrasive compounds of acidic or basic pH, strong solvents, oil-based paints or stains, metallic rust, concrete or masonry products, air or water borne minerals and other abnormal residential deck use items will damage the Fiberon Product and voids all warranties in theirentirety. • Putting Relax Decking in direct or indirect contact with extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of Relax Decking voids all warranties in their entirety. • Failure to recoat Fiberon Relax Decking periodically to maintain finish and appearance. a. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing to Fiberon at the address stated below. b. In the event of a failure of Fiberon Relax Decking within the applicable Warranty Period as warranted above, when properly installed, used and maintained as described above, Fiberon will replace the nonconforming item as set forth in Section 2 below. c. The limited warranty set forth in this Limited Warranty is the only warranty (whether written or oral, express or implied) Fiberon makes for your Fiberon Product or Fiberon Fasteners; it is subject to all terms and conditions stated herein and no one (including but not limited to a Fiberon dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in this Limited Warranty. THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE AND ENTIRE WARRANTY AND OBLIGATION IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CONDITION, SUITABILITY, OR PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED TO THE APPLICABLE STATUTE OF LIMITATIONS BUT IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT, REGARDLESS OF THE BASIS OF ANY CLAIM OR LIABILITY, SHALL FIBERON BE LIABLE FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREIN. 2. WARRANTY CLAIM PROCEDURE

Appears in 1 contract

Samples: Limited Warranty

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Year Limited Warranty. Home Works Painting offers a 6-year warranty for all labor and materials due to paint failure or defective workmanship for any area that we paint. If paint failure appears, we will supply the labor and materials to correct the condition without cost. This warranty includes repair of peeling, blistering or chipping paint resulting from defective workmanship. The term warranty will only be effective if: •Home Works Painting is paid in full •The customer retains the original contract •The customer schedules an inspection of this Limited Warranty (“Warranty Period”) their paint job once every 2 years. If these conditions are met Home Works Painting will perform repairs with no labor charge. The 6-year warranty is good for Fiberon Relax Decking shall be fifteen (15) years from the date of original purchase by customer and is not transferable. Home Works Painting will only repair areas where peeling, blistering or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installedchipping has occurred. Without limitation on any other provision of this Limited Warranty, Fiberon This 6-year limited warranty does not warrant for stain resistance resulting from spilled cover: ● Any work which was not performed by Home Works Painting and where Home Works Painting did not supply the paint. ● Clear coat or otherwise applied substances varnished surfaces. ● Surfaces made of, or containing, ferrous metal. ● Horizontal surfaces that are not properly cleaned with soap and water or mild household cleaners immediatelypermit moisture to collect. All warranties are void and excluded in their entirety in any of the following events: • Failure to installSurfaces including, care for and maintain the Fiberon Product in accordance with written instructions and the conditions stated below voids all warranties in their entirety. • Use of abrasive compounds of acidic or basic pH, strong solvents, oil-based paints or stains, metallic rust, concrete or masonry products, air or water borne minerals and other abnormal residential deck use items will damage the Fiberon Product and voids all warranties in theirentirety. • Putting Relax Decking in direct or indirect contact with extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of Relax Decking voids all warranties in their entirety. • Failure to recoat Fiberon Relax Decking periodically to maintain finish and appearance. a. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing to Fiberon at the address stated below. b. In the event of a failure of Fiberon Relax Decking within the applicable Warranty Period as warranted above, when properly installed, used and maintained as described above, Fiberon will replace the nonconforming item as set forth in Section 2 below. c. The limited warranty set forth in this Limited Warranty is the only warranty (whether written or oral, express or implied) Fiberon makes for your Fiberon Product or Fiberon Fasteners; it is subject to all terms and conditions stated herein and no one (including but not limited to, decks, railings, stairs, thresholds, patio covers and window xxxxx. ● Exact paint matches as environmental conditions will affect the color and finish of all paints over time. ● Any repairs which are necessitated as a result of a defect in the paint. The paint manufacturer will cover this portion. ● Bleeding caused by knots, rust or cedar. ● Cracks or nail pops in drywall, stucco, plaster or wood. ● Peeling, blistering or chipping where they are caused by: ○ Peeling of layers of existing paint system prior to a Fiberon dealerthe work performed by Home Works Painting. ○ Structural defects, installersettling or movement. ○ Moisture content of the substrate. ○ Abrasion, resellermechanical damage, agent or employee) is authorized to modifyabrasive cleaning, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warrantyabuse, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in this Limited Warrantydamage resulting from use of chemicals. ○ Previous layers of paint not applied by Home Works Painting. The warranty does not include matching of the paint. The paint can be matched closely, but rarely perfectly. THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE IS THE ONLY EXPRESS WARRANTY MADE BY HOME WORKS PAINTING AND ENTIRE WARRANTY AND OBLIGATION IS IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CONDITION, SUITABILITY, OR PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY HOME WORKS PAINTING TO THE APPLICABLE STATUTE ORIGINAL PURCHASER NAMED ON THE FRONT OF LIMITATIONS BUT THE CONTRACT. IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY SHALL HOME WORKS PAINTING BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DAMAGES OR DAMAGES IN NO EVENT, REGARDLESS EXCESS OF THE BASIS OF ANY CLAIM ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR LIABILITY, SHALL FIBERON BE LIABLE EXTENDED FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREINPURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT. 2. WARRANTY CLAIM PROCEDURE

Appears in 1 contract

Samples: Customer Agreement

Year Limited Warranty. Home Works Painting offers a 6-year warranty for all labor and materials due to paint failure or defective workmanship for any area that we paint. If paint failure appears, we will supply the labor and materials to correct the condition without cost. This warranty includes repair of peeling, blistering or chipping paint resulting from defective workmanship. The term warranty will only be effective if: •Home Works Painting is paid in full •The customer retains the original contract •The customer schedules bi-yearly inspections of this Limited Warranty (“Warranty Period”) the paint job If these conditions are met Home Works Painting will perform repairs with no labor charge. The 6-year warranty is good for Fiberon Relax Decking shall be fifteen (15) years from the date of original purchase by customer and is not transferrable. Home Works Painting will only repair areas where peeling, blistering or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installedchipping has occurred. Without limitation on any other provision of this Limited Warranty, Fiberon This 6-year limited warranty does not warrant for stain resistance resulting from spilled cover: ● Any work which was not performed by Home Works Painting and where Home Works Painting did not supply the paint. ● Clear coat or otherwise applied substances varnished surfaces. ● Surfaces made of, or containing, ferrous metal. ● Horizontal surfaces that are not properly cleaned with soap and water or mild household cleaners immediatelypermit moisture to collect. All warranties are void and excluded in their entirety in any of the following events: • Failure to installSurfaces including, care for and maintain the Fiberon Product in accordance with written instructions and the conditions stated below voids all warranties in their entirety. • Use of abrasive compounds of acidic or basic pH, strong solvents, oil-based paints or stains, metallic rust, concrete or masonry products, air or water borne minerals and other abnormal residential deck use items will damage the Fiberon Product and voids all warranties in theirentirety. • Putting Relax Decking in direct or indirect contact with extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of Relax Decking voids all warranties in their entirety. • Failure to recoat Fiberon Relax Decking periodically to maintain finish and appearance. a. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing to Fiberon at the address stated below. b. In the event of a failure of Fiberon Relax Decking within the applicable Warranty Period as warranted above, when properly installed, used and maintained as described above, Fiberon will replace the nonconforming item as set forth in Section 2 below. c. The limited warranty set forth in this Limited Warranty is the only warranty (whether written or oral, express or implied) Fiberon makes for your Fiberon Product or Fiberon Fasteners; it is subject to all terms and conditions stated herein and no one (including but not limited to, decks, railings, stairs, thresholds, patio covers and window xxxxx. ● Exact paint match as environmental conditions will affect the color and finish of all paints over time. ● Any repairs which are necessitated as a result of a defect in the paint. The paint manufacturer will cover this portion. ● Bleeding caused by knots, rust or cedar. ● Cracks or nail pops in drywall, stucco, plaster or wood. ● Peeling, blistering or chipping where they are caused by: ○ Peeling of layers of existing paint system prior to a Fiberon dealerthe work performed by Home Works Painting. ○ Structural defects, installersettling or movement. ○ Moisture content of the substrate. ○ Abrasion, resellermechanical damage, agent or employee) is authorized to modifyabrasive cleaning, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warrantyabuse, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in this Limited Warrantydamage resulting from use of chemicals. ○ Previous layers of paint not applied by Home Works Painting. The warranty does not include matching of the paint. The paint can be matched closely, but rarely perfectly. THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE IS THE ONLY EXPRESS WARRANTY MADE BY HOME WORKS PAINTING AND ENTIRE WARRANTY AND OBLIGATION IS IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CONDITION, SUITABILITY, OR PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY HOME WORKS PAINTING TO THE APPLICABLE STATUTE ORIGINAL PURCHASER NAMED ON THE FRONT OF LIMITATIONS BUT THE CONTRACT. IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY SHALL HOME WORKS PAINTING BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DAMAGES OR DAMAGES IN NO EVENT, REGARDLESS EXCESS OF THE BASIS OF ANY CLAIM ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR LIABILITY, SHALL FIBERON BE LIABLE EXTENDED FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREINPURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT. 2. WARRANTY CLAIM PROCEDURE

Appears in 1 contract

Samples: Customer Agreement

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Year Limited Warranty. Home Works Painting offers a 2-year warranty for all labor and materials due to paint failure or defective workmanship for any area that we paint. If paint failure appears, we will supply the labor and materials to correct the condition without cost. This warranty includes repair of peeling, blistering or chipping paint resulting from defective workmanship. The term of this Limited Warranty (“Warranty Period”) warranty will only be effective if: •Home Works Painting is paid in full •The customer retains the original contract If these conditions are met Home Works Painting will perform repairs with no labor charge. The 2-year warranty is good for Fiberon Relax Decking shall be fifteen (15) years from the date of original purchase by customer and is not transferable. Home Works Painting will only repair areas where peeling, blistering or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installedchipping has occurred. Without limitation on any other provision of this Limited Warranty, Fiberon This 2-year limited warranty does not warrant for stain resistance resulting from spilled cover: ● Any work which was not performed by Home Works Painting and where Home Works Painting did not supply the paint. ● Clear coat or otherwise applied substances varnished surfaces. ● Surfaces made of, or containing, ferrous metal. ● Horizontal surfaces that are not properly cleaned with soap and water or mild household cleaners immediatelypermit moisture to collect. All warranties are void and excluded in their entirety in any of the following events: • Failure to installSurfaces including, care for and maintain the Fiberon Product in accordance with written instructions and the conditions stated below voids all warranties in their entirety. • Use of abrasive compounds of acidic or basic pH, strong solvents, oil-based paints or stains, metallic rust, concrete or masonry products, air or water borne minerals and other abnormal residential deck use items will damage the Fiberon Product and voids all warranties in theirentirety. • Putting Relax Decking in direct or indirect contact with extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of Relax Decking voids all warranties in their entirety. • Failure to recoat Fiberon Relax Decking periodically to maintain finish and appearance. a. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing to Fiberon at the address stated below. b. In the event of a failure of Fiberon Relax Decking within the applicable Warranty Period as warranted above, when properly installed, used and maintained as described above, Fiberon will replace the nonconforming item as set forth in Section 2 below. c. The limited warranty set forth in this Limited Warranty is the only warranty (whether written or oral, express or implied) Fiberon makes for your Fiberon Product or Fiberon Fasteners; it is subject to all terms and conditions stated herein and no one (including but not limited to, decks, railings, stairs, thresholds, patio covers and window xxxxx. ● Exact paint match as environmental conditions will affect the color and finish of all paints over time. ● Any repairs which are necessitated as a result of a defect in the paint. The paint manufacturer will cover this portion. ● Bleeding caused by knots, rust or cedar. ● Cracks or nail pops in drywall, stucco, plaster or wood. ● Peeling, blistering or chipping where they are caused by: ○ Peeling of layers of existing paint system prior to a Fiberon dealerthe work performed by Home Works Painting. ○ Structural defects, installersettling or movement. ○ Moisture content of the substrate. ○ Abrasion, resellermechanical damage, agent or employee) is authorized to modifyabrasive cleaning, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warrantyabuse, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in this Limited Warrantydamage resulting from use of chemicals. ○ Previous layers of paint not applied by Home Works Painting. The warranty does not include matching of the paint. The paint can be matched closely, but rarely perfectly. THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE IS THE ONLY EXPRESS WARRANTY MADE BY HOME WORKS PAINTING AND ENTIRE WARRANTY AND OBLIGATION IS IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CONDITION, SUITABILITY, OR PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY HOME WORKS PAINTING TO THE APPLICABLE STATUTE ORIGINAL PURCHASER NAMED ON THE FRONT OF LIMITATIONS BUT THE CONTRACT. IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY SHALL HOME WORKS PAINTING BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DAMAGES OR DAMAGES IN NO EVENT, REGARDLESS EXCESS OF THE BASIS OF ANY CLAIM ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR LIABILITY, SHALL FIBERON BE LIABLE EXTENDED FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREINPURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT. 2. WARRANTY CLAIM PROCEDURE

Appears in 1 contract

Samples: Customer Agreement

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