Additional Conditions and Exceptions Sample Clauses

Additional Conditions and Exceptions. In all events, Décor Innovation’s sole and exclusive liabilities under this warranty are limited solely and exclusively to replacement of defective DECORTRIM™, or the issuance of a refund equal to the original cost of the DECORTRIM™ . Under no circumstances shall Décor Innovations be liable for labour, installation, reinstallation, freight, taxes or any other charge related to defective DECORTRIM™. Décor Innovations shall not be liable under any circumstances 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. This warranty does not provide protection against any failure of, defect in or damage to DECORTRIM™ caused by situations beyond normal exposure conditions, including but not limited to the following: intentional or unintentional misuse, abuse, neglect, or improper handling or storage; impact of foreign objects; earthquake, lightning, ice, fire, tornado, windstorm, flood, among others or any other acts of God; improper installation of the DECORTRIM™ or its structural supports, or installation not in strict adherence to Décor Innovation’s written instructions; cracking, distortion, movement, settlement, or warping of the DECORTRIM™ structural supports or accessories used in connection therewith; insurrection, terrorism, acts of war, riot, vandalism, improper maintenance, use of incompatible accessories; or other products that cause a DECORTRIM™ defect or failure to occur; pollution, acid rain, contact with harmful chemicals or vapors; or ordinary and expected weathering due to exposure to the elements; which for purposes of this Warranty is defined to be fading, chalking or darkening of the surface of the Product due to exposure to natural sunlight and extreme atmospheric conditions that are unique to and may vary depending on geographic location. Décor Innovations shall have sole discretion to determine, based on reasonable criteria, whether the DECORTRIM™ is suffering from normal weathering. This Warranty does not cover painted finishes or coating applied to DECORTRIM™ by the Consumer Purchaser or any third party. Failure to adhere to Décor Innovation’s recommended guidelines for application of painted surfaces shall void this Warranty. All claims under this Limited Warranty must be made within 90 days from the time that the defect is discovered and while the DECORTRIM™ is in place....