Common use of General Conditions Exclusions and Limitations Clause in Contracts

General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1, at its sole discretion, that the claim is valid, the buyer's sole remedy, and FIBERWOOD's sole liability to any buyer, for (i) any claim whatsoever related to the FIBERWOOD SHED, (ii) any claim arising from the marketing, purchase, installation, use, storage, possession, or maintenance of the FIBERWOOD SHED (whether arising from contract, warranty, tort, gross negligence, negligence, strict liability, laws or regulations, or otherwise), or (iii) any claim that the FIBERWOOD SHED has not performed as guaranteed herein, is and shall be limited to the replacement or refund by FIBERWOOD of the defective item, prorated as provided in paragraph 3.2. FIBERWOOD shall not be responsible for any expenses and costs directly or indirectly associated with the installation of any replacement item.

Appears in 2 contracts

Samples: www.lecabanon.ca, www.fiberwood.ca

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General Conditions Exclusions and Limitations. 3.1 If determined by Importations A1FIBERWOOD, at its sole discretion, that the claim is valid, the buyer's sole remedy, and FIBERWOOD's sole liability to any buyer, for (i) any claim whatsoever related to the FIBERWOOD SHED, (ii) any claim arising from the marketing, purchase, installation, use, storage, possession, or maintenance of the FIBERWOOD SHED SHEDS (whether arising such claim arises from contract, warranty, tort, gross negligence, negligence, strict liability, laws or regulations, or otherwise), or (iii) any claim that the FIBERWOOD SHED has not performed as guaranteed hereinabove, is and shall be limited to the replacement FIBERWOOD replacing or refund by FIBERWOOD of refunding the defective item, item on a prorated basis as provided in paragraph 3.2. FIBERWOOD shall not be responsible for any expenses and costs associated directly or indirectly associated with the installation of any replacement item.

Appears in 2 contracts

Samples: www.lecabanon.ca, www.fiberwood.ca

General Conditions Exclusions and Limitations. 3.1 If it is determined by Importations A1FIBERWOOD, at its sole discretion, that the claim is valid, the buyer's Purchaser’s sole remedy, and FIBERWOOD's FIBERWOOD sole liability to any buyerthe authorized distributor and to the Purchaser, for (i) any claim whatsoever related relating to the FIBERWOOD SHEDPRODUCT, (ii) any claim claims arising from out of the marketing, purchase, installation, use, storage, possession, possession or maintenance of the FIBERWOOD SHED PRODUCTS (whether arising from such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes or regulations, or otherwise), ) or (iii) any claim claims that the FIBERWOOD SHED has not performed PRODUCTS failed to perform as guaranteed hereinwarranted above, is and shall be limited to the FIBERWOOD prorated replacement or refund by FIBERWOOD mentioned in paragraph 3.2 of the defective item, prorated as provided in paragraph 3.2FIBERWOOD PRODUCT. FIBERWOOD shall not be responsible for any expenses and the costs associated directly or indirectly associated inderectly with the installation of any the replacement itemFIBERWOOD PRODUCT.

Appears in 1 contract

Samples: www.fiberwood.ca

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General Conditions Exclusions and Limitations. 3.1 If it is determined by Importations A1Fiberwood, at in its sole discretion, that the claim is valid, the buyer's sole remedy, and FIBERWOOD's sole liability to any buyer, for (i) any claim whatsoever related to the FIBERWOOD SHEDPRODUCTS, (ii) any claim arising from the marketing, purchase, installation, use, storage, possession, or maintenance of the FIBERWOOD SHED PRODUCTS (whether arising from contract, warranty, tort, gross negligence, negligence, strict liability, laws statutes, laws, or regulations, or otherwise), or (iii) any claim that the FIBERWOOD SHED has PRODUCTS have not performed as guaranteed hereinwarranted above, is and shall be limited to the replacement or refund by FIBERWOOD of the defective item, item on a prorated basis as provided set forth in paragraph 3.2. FIBERWOOD shall not be responsible for any costs or expenses and costs directly or indirectly associated with the installation of any the replacement itemFIBERWOOD PRODUCT.

Appears in 1 contract

Samples: www.fiberwood.ca

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