Common use of Handling of Disputes Clause in Contracts

Handling of Disputes. In the event of a dispute, controversy, or claim between the Owner and Firestone concerning this Limited Lifetime Warranty, the Owner and Firestone agree that neither party will commence or prosecute any suit, proceeding, or claim other than in the courts of Xxxxxxxx County in the State of Indiana or the United States District Court, Southern District of Indiana, Indianapolis Division. Each party irrevocably consents to the jurisdiction and venue of the above identified courts and waives any rights to challenge or otherwise raise questions of personal jurisdiction or venue in any action commenced or maintained in such courts. THIS LIMITED LIFETIME WARRANTY SHALL BE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST FIRESTONE, AND FIRESTONE SHALL NOT BE LIABLE TO OWNER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING BUT NOT LIMITED LIFETIME TO CLAIMS FOR PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, DAMAGE TO THE SUBSTRATE, OR DAMAGE TO THE CONTENTS OF THE PONDGARD. THIS LIMITED LIFETIME WARRANTY CANNOT BE AMENDED, ALTERED, OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF FIRESTONE. NO OTHER PERSON HAS ANY AUTHORITY TO BIND FIRESTONE WITH ANY REPRESENTATION OR WARRANTY, WHETHER WRITTEN OR ORAL. FIRESTONE SPECIFICALLY DISCLAIMS ALL LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION OR PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, MATERIALS NOT FURNISHED BY FIRESTONE. THIS LIMITED LIFETIME WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER WRITTEN, ORAL, OR EXPRESS. FIRESTONE SPECIFICALLY LIMITS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE TO THE TERM OF THE LIMITED LIFETIME WARRANTY, UNLESS A SHORTER PERIOD IS PERMITTED BY LAW OR UNLESS A FULL DISCLAIMER IS OTHERWISE PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Firestone PondGard Limited Lifetime Warranty Claim Notification Form Return this completed form along with proof of purchase for the PondGard membrane to: FIRESTONE BUILDING PRODUCTS 000 XXXX 00XX XXXXXX XXXXXXXXXXXX, XX 00000 Attn: Lining Warranty Services Department Fax: 000-000-0000 Owner Information (address must be that of the project site): Name: Street Address: City, State, Zip: Owner Contact: Phone: Email: Project Size (in square feet): Dimensions (length x width): Installer Information: Installation Date: Installer: Street Address: City, State, Zip: Purchase Information: Distributor/Installer/Vendor: Street Address: City, State, Zip: Proof of Purchase Must be Attached (a warranty claim cannot be processed without valid proof of purchase, for example - receipt(s), contract, paid invoice or other purchase documents.)

Handling of Disputes. In the event of a dispute, controversy, or claim between the Owner and Firestone concerning this Limited Lifetime Warranty, the Owner and Firestone agree that neither party will commence or prosecute any suit, proceeding, or claim other than in the courts of Xxxxxxxx County in the State of Indiana or the United States District Court, Southern District of Indiana, Indianapolis Division. Each party irrevocably consents to the jurisdiction and venue of the above identified courts and waives any rights to challenge or otherwise raise questions of personal jurisdiction or venue in any action commenced or maintained in such courts. THIS LIMITED LIFETIME WARRANTY SHALL BE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST FIRESTONE, AND FIRESTONE SHALL NOT BE LIABLE TO OWNER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING BUT NOT LIMITED LIFETIME TO CLAIMS FOR PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, DAMAGE TO THE SUBSTRATE, OR DAMAGE TO THE CONTENTS OF THE PONDGARD. FIRESTONE’S OBLIGATION OVER THE LIFE OF THIS LIMITED WARRANTY IS LIMITED TO THE OWNER’S ORIGINAL COST OF THE PONDGARD.THIS LIMITED LIFETIME WARRANTY CANNOT BE AMENDED, ALTERED, OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF FIRESTONE. NO OTHER PERSON HAS ANY AUTHORITY TO BIND FIRESTONE WITH ANY REPRESENTATION OR WARRANTY, WHETHER WRITTEN OR ORAL. FIRESTONE SPECIFICALLY DISCLAIMS ALL LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION OR PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, MATERIALS NOT FURNISHED BY FIRESTONE. THIS LIMITED LIFETIME WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER WRITTEN, ORAL, OR EXPRESS. FIRESTONE SPECIFICALLY LIMITS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE TO THE TERM OF THE LIMITED LIFETIME WARRANTY, UNLESS A SHORTER PERIOD IS PERMITTED BY LAW OR UNLESS A FULL DISCLAIMER IS OTHERWISE PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Firestone PondGard Limited Lifetime Warranty Claim Notification Form Return this completed form along with proof of purchase for the PondGard membrane to: FIRESTONE BUILDING PRODUCTS 000 XXXX 00XX XXXXXX XXXXXXXXXXXX, XX 00000 Attn: Lining Warranty Services Department Fax: 000-000-0000 Owner Information (address must be that of the project site): Name: Street Address: City, State, Zip: Owner Contact: Phone: Email: Project Size (in square feet): Dimensions (length x width): Installer Information: Installation Date: Installer: Street Address: City, State, Zip: Purchase Information: Distributor/Installer/Vendor: Street Address: City, State, Zip: Proof of Purchase Must be Attached (a warranty claim cannot be processed without valid proof of purchase, for example - receipt(s), contract, paid invoice or other purchase documents.)

Handling of Disputes. In the event of a dispute, controversy, or claim between the Owner and Firestone concerning this Limited Lifetime Warranty, the Owner and Firestone agree that neither party will commence or prosecute any suit, proceeding, or claim other than in the courts of Xxxxxxxx County in the State of Indiana or the United States District Court, Southern District of Indiana, Indianapolis Division. Each party irrevocably consents to the jurisdiction and venue of the above identified courts and waives any rights to challenge or otherwise raise questions of personal jurisdiction or venue in any action commenced or maintained in such courts. Jolie Products Inc THIS LIMITED LIFETIME WARRANTY SHALL BE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST FIRESTONE, AND FIRESTONE SHALL NOT BE LIABLE TO OWNER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING BUT NOT LIMITED LIFETIME TO CLAIMS FOR PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, DAMAGE TO THE SUBSTRATE, OR DAMAGE TO THE CONTENTS OF THE PONDGARD. THIS LIMITED LIFETIME WARRANTY CANNOT BE AMENDED, ALTERED, OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF FIRESTONE. NO OTHER PERSON HAS ANY AUTHORITY TO BIND FIRESTONE WITH ANY REPRESENTATION OR WARRANTY, WHETHER WRITTEN OR ORAL. FIRESTONE SPECIFICALLY DISCLAIMS ALL LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION OR PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, MATERIALS NOT FURNISHED BY FIRESTONE. THIS LIMITED LIFETIME WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER WRITTEN, ORAL, OR EXPRESS. FIRESTONE SPECIFICALLY LIMITS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE TO THE TERM OF THE LIMITED LIFETIME WARRANTY, UNLESS A SHORTER PERIOD IS PERMITTED BY LAW OR UNLESS A FULL DISCLAIMER IS OTHERWISE PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Firestone PondGard Limited Lifetime Warranty Claim Notification Form Return this completed form along with proof of purchase for the PondGard membrane to: FIRESTONE BUILDING PRODUCTS 000 XXXX 00XX XXXXXX XXXXXXXXXXXX, XX 00000 Attn: Lining Warranty Services Department Fax: 000-000-0000 Owner Information (address must be that of the project site): Name: Street Address: City, State, Zip: Owner Contact: Phone: Distributed by Email: Project Size (in square feet): Dimensions (length x width): Jolie Products Inc Installer Information: Installation Date: Installer: Street Address: City, State, Zip: Purchase Information: Distributor/Installer/Vendor: Street Address: City, State, Zip: Proof of Purchase Must be Attached (a warranty claim cannot be processed without valid proof of purchase, for example - receipt(s), contract, paid invoice or other purchase documents.)

Handling of Disputes. In the event of a dispute, controversy, or claim between the Owner and Firestone concerning this Limited Lifetime Warranty, the Owner and Firestone agree that neither party will commence or prosecute any suit, proceeding, or claim other than in the courts of Xxxxxxxx County in the State of Indiana or the United States District Court, Southern District of Indiana, Indianapolis Division. Each party irrevocably consents to the jurisdiction and venue of the above identified courts and waives any rights to challenge or otherwise raise questions of personal jurisdiction or venue in any action commenced or maintained in such courts. THIS LIMITED LIFETIME WARRANTY SHALL BE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST FIRESTONE, FIRESTONE AND FIRESTONE SHALL NOT BE LIABLE TO OWNER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE PUNITIVE, OR OTHER DAMAGES INCLUDING BUT NOT LIMITED LIFETIME TO CLAIMS FOR PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, DAMAGE TO THE SUBSTRATE, OR DAMAGE TO THE CONTENTS OF THE PONDGARD. FIRESTONE’S OBLIGATION OVER THE LIFE OF THIS LIMITED WARRANTY IS LIMITED TO THE OWNER’S ORIGINAL COST OF THE PONDGARD.THIS LIMITED LIFETIME WARRANTY CANNOT BE AMENDED, ALTERED, OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF FIRESTONE. NO OTHER PERSON HAS ANY AUTHORITY TO BIND FIRESTONE WITH ANY REPRESENTATION OR WARRANTY, WHETHER WRITTEN OR ORAL. FIRESTONE SPECIFICALLY DISCLAIMS ALL LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION OR PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, MATERIALS NOT FURNISHED BY FIRESTONE. THIS LIMITED LIFETIME WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER WRITTEN, ORAL, OR EXPRESS. FIRESTONE SPECIFICALLY LIMITS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND/OR AND FITNESS FOR A PARTICULAR PURPOSE TO THE TERM OF THE LIMITED LIFETIME WARRANTY, UNLESS A SHORTER PERIOD IS PERMITTED BY LAW OR UNLESS A FULL DISCLAIMER IS OTHERWISE PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Firestone PondGard Limited Lifetime Warranty Claim Notification Form Return this completed form along with proof of purchase for the PondGard membrane toPROJECT: FIRESTONE BUILDING PRODUCTS 000 XXXX 00XX XXXXXX XXXXXXXXXXXX, XX 00000 AttnREPRESENTATIVE: Lining Warranty Services Department FaxADDRESS: 000-000-0000 Owner Information (address must be that of the project site): NamePOSITION: Street AddressCITY/ST/ZIP: City, State, ZipSIGNATURE: Owner ContactPROJECT SIZE: PhoneOWNERS REPRESENTATIVE: EmailWARRANTY DATE: Project Size (in square feet): Dimensions (length x width): Installer InformationDATE: Installation Date: Installer: Street Address: City, State, Zip: Purchase Information: Distributor/Installer/Vendor: Street Address: City, State, Zip: Proof of Purchase Must be Attached (a warranty claim cannot be processed without valid proof of purchase, for example - receipt(s), contract, paid invoice or other purchase documents.)WARRANTY NUMBER: