Common use of Limited Warranty Coverage Clause in Contracts

Limited Warranty Coverage. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”), warrants the stain and fade resistance of the following products manufactured by Fiberon (“Fiberon Product”), to the original purchaser (“Purchaser”, “you” or “your”) for the warranty period set forth below under normal and proper service conditions, when properly installed and used as decking in residential applications, as long as the Purchaser owns the residence upon which the decking materials are installed. 25-Year Coverage: Fiberon® Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life Decking 20-year Coverage: Fiberon ArmorGuard® Decking, Veranda® ArmorGuard Decking and Railing, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking Stain Resistance: Fiberon warrants that the Fiberon Products named above are and will be from the date of residential consumer purchase for the term coverage stated above, resistant to permanent staining resulting from spills of food and beverage items that would typically be present on a residential deck, provided that the Fiberon Products were installed , cared for and maintained in accordance with the Fiberon written instructions, the Fiberon Care and Maintenance Instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated above . Fade Resistance: Fiberon warrants that the Fiberon Products are and will be, from the date of residential consumer purchase for the term coverage stated above, resistant to color change from light and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units provided that the Fiberon products were installed, cared for and maintained in accordance with the Fiberon written instructions and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below. Exclusions from/Voiding Stain and Fade Warranty Coverage: Fiberon does not warrant its Fiberon Products to be stain or fade proof. When installed, cared for and maintained properly in the residential exterior deck environment, Fiberon Decking products provide stain and fade resistance. However, no material is stain or fade proof, especially but not only when stains result from spilled or otherwise substances that are not properly cleaned or when the materials are exposed to years of UV exposure and the elements. 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 Products in accordance with the Fiberon written instructions, and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx 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 Products and voids all warranties in their entirety. • Direct or indirect contact with the Fiberon Products of extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of the Fiberon Products voids all warranties in their entirety. • Paint or applying other coating materials to Fiberon Products voids all warranties in their entirely. Compliance with the Fiberon Care and Maintenance Instructions is required and a condition precedent to any warranty or warranty claim. Without limitation on any other provision of this Limited Warranty to qualify for coverage, you must have tried cleaning the affected area of your deck using the instructions indicated within this document and within the Care and Maintenance Instructions provided online at xxx.xxxxxxxxxxxxxx.xxx. If the affected area still remains unsatisfactory after you have tried these cleaning procedures, then you must have the affected area of your deck professionally cleaned at your expense. If the affected area remains unsatisfactory after the professional cleaning, you must contact Fiberon Consumer and Technical Support (800-573-8841) and provide proof of the professional cleaning within 30 days of the professional cleaning. 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, 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.

Appears in 1 contract

Samples: assets.fiberondecking.com

AutoNDA by SimpleDocs

Limited Warranty Coverage. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”), warrants the stain and fade resistance of the following products manufactured by Fiberon (“Fiberon Product”), to the original purchaser (“Purchaser”, “you” or “your”) for the warranty period set forth below under normal and proper service conditions, when properly installed and used as decking in residential applications, as long as the Purchaser owns the residence upon which the decking materials are installed. 25-Year Coverage: Fiberon® Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life Decking 20-year Coverage: Fiberon ArmorGuard® Decking, Veranda® ArmorGuard Decking and Railing, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking Stain Resistance: Fiberon warrants that the Fiberon Products named above are and will be from the date of residential consumer purchase for the term coverage stated above, resistant to permanent staining resulting from spills of food and beverage items that would typically be present on a residential deck, provided that the Fiberon Products were installed , cared for and maintained in accordance with the Fiberon written instructions, the Fiberon Care and Maintenance Instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated above . Fade Resistance: Fiberon warrants that the Fiberon Products are and will be, from the date of residential consumer purchase for the term coverage stated above, resistant to color change from light and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units provided that the Fiberon products were installed, cared for and maintained in accordance with the Fiberon written instructions and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below. Exclusions from/Voiding Stain and Fade Warranty Coverage: Fiberon does not warrant its Fiberon Products to be stain or fade proof. When installed, cared for and maintained properly in the residential exterior deck environment, Fiberon Decking products provide stain and fade resistance. However, no material is stain or fade proof, especially but not only when stains result from spilled or otherwise substances that are not properly cleaned or when the materials are exposed to years of UV exposure and the elements. 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 Products in accordance with the Fiberon written instructions, and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx 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 Products and voids all warranties in their entirety. Direct or indirect contact with the Fiberon Products of extreme heat sources (over 250 degrees) voids all warranties in their entirety. Damaging, gouging, scraping or puncturing the surface of the Fiberon Products voids all warranties in their entirety. Paint or applying other coating materials to Fiberon Products voids all warranties in their entirely. Compliance with the Fiberon Care and Maintenance Instructions is required and a condition precedent to any warranty or warranty claim. Without limitation on any other provision of this Limited Warranty to qualify for coverage, you must have tried cleaning the affected area of your deck using the instructions indicated within this document and within the Care and Maintenance Instructions provided online at xxx.xxxxxxxxxxxxxx.xxx. If the affected area still remains unsatisfactory after you have tried these cleaning procedures, then you must have the affected area of your deck professionally cleaned at your expense. If the affected area remains unsatisfactory after the professional cleaning, you must contact Fiberon Consumer and Technical Support (800-573-8841) and provide proof of the professional cleaning within 30 days of the professional cleaning. 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, 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.

Appears in 1 contract

Samples: Fiberon Stain And

Limited Warranty Coverage. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”), warrants the stain and fade resistance of the following products manufactured by Fiberon (“Fiberon Product”), to the original purchaser (“Purchaser”, “you” or “your”) for the warranty period set forth below under normal and proper service conditions, when properly installed and used as decking in residential applications, as long as the Purchaser owns the residence upon which the decking materials are installed. 25-Year Coverage: Fiberon® Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life Decking 20-year Coverage: Fiberon ArmorGuard® Decking, Veranda® ArmorGuard Decking and Railing, Fiberon ArmorGuard, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking Stain Resistance: Fiberon warrants that the Fiberon Products named above are and will be from the date of residential consumer purchase for the term coverage stated above, resistant to permanent staining resulting from spills of food and beverage items that would typically be present on a residential deck, provided that the Fiberon Products were installed , cared for and maintained in accordance with the Fiberon written instructions, the Fiberon Care and Maintenance Instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated above . Fade Resistance: Fiberon warrants that the Fiberon Products are and will be, from the date of residential consumer purchase for the term coverage stated above, resistant to color change from light and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units provided that the Fiberon products were installed, cared for and maintained in accordance with the Fiberon written instructions and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below. Exclusions from/Voiding Stain and Fade Warranty Coverage: Fiberon does not warrant its Fiberon Products to be stain or fade proof. When installed, cared for and maintained properly in the residential exterior deck environment, Fiberon Decking products provide stain and fade resistance. However, no material is stain or fade proof, especially but not only when stains result from spilled or otherwise substances that are not properly cleaned or when the materials are exposed to years of UV exposure and the elements. 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 Products in accordance with the Fiberon written instructions, and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx 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 Products and voids all warranties in their entirety. Direct or indirect contact with the Fiberon Products of extreme heat sources (over 250 degrees) voids all warranties in their entirety. Damaging, gouging, scraping or puncturing the surface of the Fiberon Products voids all warranties in their entirety. Paint or applying other coating materials to Fiberon Products voids all warranties in their entirely. Compliance with the Fiberon Care and Maintenance Instructions is required and a condition precedent to any warranty or warranty claim. Without limitation on any other provision of this Limited Warranty to qualify for coverage, you must have tried cleaning the affected area of your deck using the instructions indicated within this document and within the Care and Maintenance Instructions provided online at xxx.xxxxxxxxxxxxxx.xxx. If the affected area still remains unsatisfactory after you have tried these cleaning procedures, then you must have the affected area of your deck professionally cleaned at your expense. If the affected area remains unsatisfactory after the professional cleaning, you must contact Fiberon Consumer and Technical Support (800-573-8841) and provide proof of the professional cleaning within 30 days of the professional cleaning. 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, 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.

Appears in 1 contract

Samples: Fiberon Stain And

Limited Warranty Coverage. Fiber Composites LLC, individually Coverage under this Warranty is expressly limited to Construction Defects which occur during the Warranty Period indicated herein and doing business as Fiberon which are reported by Xxxxx within thirty (“Fiberon”), warrants the stain and fade resistance 30) days of the following products manufactured by Fiberon (“Fiberon Product”)expiration of the Warranty Period. Contractor’s obligations under this Warranty apply to workmanship actually performed and materials actually installed in the home or the premises. During the Warranty Period indicated on the herein, to the original purchaser (“Purchaser”, “you” or “your”) for the warranty period set forth below under normal and proper service conditions, when properly installed and used as decking in residential applications, as long as the Purchaser owns the residence upon which the decking materials are installed. 25-Year Coverage: Fiberon® Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life Decking 20-year Coverage: Fiberon ArmorGuard® Decking, Veranda® ArmorGuard Decking and Railing, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking Stain Resistance: Fiberon Contractor warrants that the Fiberon Products named above are home and the premises will be free of Construction Defects. Contractor’s obligation to perform under this Warranty requires that Contractor must receive written notice from Buyer of the alleged Construction Defect as soon as reasonably possible after Xxxxx becomes aware of a Construction Defect but not later than thirty (30) days after the expiration of the coverage. Telephonic or face-to-face discussion is not a substitute for required written notice delivered via US Mail or Email and will be not protect Buyer’s rights under this Warranty. Upon Contractors timely receipt of written notice from Buyer alleging a Construction Defect during the date of residential consumer purchase for the term coverage stated aboveWarranty Period, resistant to permanent staining resulting from spills of food and beverage items that would typically be present Contractor, or parties acting on a residential deck, provided that the Fiberon Products were installed , cared for and maintained in accordance with the Fiberon written instructions, the Fiberon Care and Maintenance Instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated above . Fade Resistance: Fiberon warrants that the Fiberon Products are and will be, from the date of residential consumer purchase for the term coverage stated above, resistant to color change from light and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units provided that the Fiberon products were installed, cared for and maintained in accordance with the Fiberon written instructions and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below. Exclusions from/Voiding Stain and Fade Warranty Coverage: Fiberon does not warrant its Fiberon Products to be stain or fade proof. When installed, cared for and maintained properly in the residential exterior deck environment, Fiberon Decking products provide stain and fade resistance. However, no material is stain or fade proof, especially but not only when stains result from spilled or otherwise substances that are not properly cleaned or when the materials are exposed to years of UV exposure and the elements. 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 Products in accordance with the Fiberon written instructions, and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx 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 Products and voids all warranties in their entirety. • Direct or indirect contact with the Fiberon Products of extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of the Fiberon Products voids all warranties in their entirety. • Paint or applying other coating materials to Fiberon Products voids all warranties in their entirely. Compliance with the Fiberon Care and Maintenance Instructions is required and a condition precedent to any warranty or warranty claim. Without limitation on any other provision of this Limited Warranty to qualify for coverage, you must have tried cleaning the affected area of your deck using the instructions indicated within this document and within the Care and Maintenance Instructions provided online at xxx.xxxxxxxxxxxxxx.xxx. If the affected area still remains unsatisfactory after you have tried these cleaning procedures, then you must have the affected area of your deck professionally cleaned at your expense. If the affected area remains unsatisfactory after the professional cleaning, you must contact Fiberon Consumer and Technical Support (800-573-8841) and provide proof of the professional cleaning within 30 days of the professional cleaning. 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 FiberonContractor’s behalf, and Fiberon shall not will, where Contractor deems it necessary, inspect, investigate and/or test (including destructive testing) the condition alleged to be bound by or liable fora Construction Defect. If Contractor determines that a Construction Defect exists, any representation, guarantee, warrantyContractor, or condition parties acting on Contractor’s behalf, will (1) repair or replace the Construction Defect, (2) pay to Buyer the actual amount it would cost Contractor to repair or replace the Construction Defect. Repair work will be done during Contractor's normal working hours. Xxxxx agrees to provide the Contractor or Contractor's representative access to the house and the presence, during the work, of a responsible adult with regard the authority to approve repairs and sign a call-back ticket upon completion of the repair. In the event you allow access to your home when you are not present, you accept full responsibility for your actions and hold Contractor harmless for any Fiberon Product problems that might arise. If a delay will cause extra damage (e.g., a pipe has burst), Buyer should telephone the Contractor. Only emergency reports will be taken by phone. Failure to notify the Contractor promptly of defects covered under this limited warranty or Fiberon Fastener any implied warranties relieves the Contractor of all liability for replacement, repair, and all 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, 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 HEREINdamages.

Appears in 1 contract

Samples: Limited Warranty Agreement

AutoNDA by SimpleDocs

Limited Warranty Coverage. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”), warrants the stain and fade resistance The term of the following products manufactured by Fiberon (“Fiberon Product”), to the original purchaser (“Purchaser”, “you” or “your”) for the warranty period set forth below under normal and proper service conditions, when properly installed and used as decking in residential applications, as long as the Purchaser owns the residence upon which the decking materials are installed. 25-Year Coverage: Fiberon® Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life Decking 20-year Coverage: Fiberon ArmorGuard® Decking, Veranda® ArmorGuard Decking and Railing, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking Stain Resistance: Fiberon warrants that the Fiberon Products named above are and will be from this Limited Warranty begins on the date of residential consumer purchase for the term coverage stated above, resistant to permanent staining resulting from spills of food and beverage items that would typically be present on a residential deck, Closing. Except as otherwise provided that the Fiberon Products were installed , cared for and maintained in accordance with the Fiberon written instructionsherein, the Fiberon Care scope and Maintenance Instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated above . Fade Resistancelimitations of this Limited Warranty is as follows: Fiberon One-Year Coverage Builder warrants that the Fiberon Products are and will be, from for a period of one-year after the date of residential consumer purchase for the term coverage stated aboveClosing that it will repair or replace, resistant at no charge to color change from light you, or pay the cost to repair or replace defects in workmanship and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units provided materials that the Fiberon products were installed, cared for and maintained in accordance are due to Builder’s non-compliance with the Fiberon written instructions and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below. Exclusions from/Voiding Stain and Fade Warranty Coverage: Fiberon does not warrant its Fiberon Products to be stain or fade proof. When installed, cared for and maintained properly contractual obligations in the residential exterior deck environmentPurchase Agreement or, Fiberon Decking products provide stain in the absence of a stated contractual standard, then due to non-compliance with acceptable standards and fade resistancepractices as set forth in the Performance Standards, which are attached and incorporated into this Limited Warranty (the “Performance Standards”). HoweverTwo-Year Coverage Builder warrants for a period of two-years after the date of the Closing that it will repair or replace, at no material is stain charge to you, or fade proofpay the cost to repair or replace defects to the means by which electrical, especially but not only when stains result from spilled or otherwise substances that plumbing and mechanical functions are not properly cleaned or when delivered throughout the materials are exposed inside of your home due to Builder’s non-compliance with its contractual obligations in the Purchase Agreement or, in the absence of a stated contractual standard, then due to non-compliance with acceptable standards and practices as set forth in the Performance Standards. Ten-Year Coverage Builder warrants your home against major structural defects for a period of ten-years after the date of UV exposure and the elementsClosing. Without limitation on any other provision For purposes of this Limited Warranty, Fiberon does not warrant for stain resistance resulting from spilled a “major structural defect” is defined as actual physical damage to one 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 more of the following eventsload bearing segments of the home causing the failure of the major structural components, which affects its load bearing function, to the degree that it materially affects the physical safety of the occupants of the home. Load bearing components of the home deemed to have major structural defect potential include the following: • Failure roof framing members (trusses and rafters), floor framing members (joist and trusses), load bearing walls, load bearing columns, block lintels, load bearing beams, footings and foundations. Builder will repair or replace such items, or pay the cost to installrepair or replace, care for to restore their load bearing functions as designed. Manufacturers’ Warranties Builder assigns and maintain the Fiberon Products in accordance with the Fiberon written instructionspasses through to you any transferable manufacturers’ warranties on appliances, equipment, and materials. Builder will not repair or replace any item that is warranted by the Fiberon Care manufacturer. The following are examples of such appliances and Maintenance instructions found equipment, though not every home includes all of these items and some homes may include appliances and equipment not on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below voids all warranties in their entirety. • Use of abrasive compounds of acidic or basic pHthis list: refrigerator, strong solventsrange, oil based paints or stainsdishwasher, metallic rustgarbage disposal, concrete or masonry productswater heater, heat pump, air or water borne minerals conditioner, fireplace, furnace, humidifier, smoke detector, security alarm system, smart home components, audio/visual equipment, garage door opener and other abnormal residential deck use items will damage the Fiberon Products and voids all warranties in their entirety. • Direct or indirect contact with the Fiberon Products of extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of the Fiberon Products voids all warranties in their entirety. • Paint or applying other coating materials to Fiberon Products voids all warranties in their entirely. Compliance with the Fiberon Care and Maintenance Instructions is required and a condition precedent to any warranty or warranty claim. Without limitation on any other provision of this Limited Warranty to qualify for coverage, you must have tried cleaning the affected area of your deck using the instructions indicated within this document and within the Care and Maintenance Instructions provided online at xxx.xxxxxxxxxxxxxx.xxx. If the affected area still remains unsatisfactory after you have tried these cleaning procedures, then you must have the affected area of your deck professionally cleaned at your expense. If the affected area remains unsatisfactory after the professional cleaning, you must contact Fiberon Consumer and Technical Support (800-573-8841) and provide proof of the professional cleaning within 30 days of the professional cleaningsump pump. 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; following are examples of materials that may have manufacturers’ warranties: If it is subject necessary to all terms and conditions stated herein and no one (including but not limited request warranty service for these items, the homeowner must make a request directly to a Fiberon dealer, installer, reseller, agent the manufacturer 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, 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 HEREINservice representative.

Appears in 1 contract

Samples: Limited Warranty

Limited Warranty Coverage. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”), warrants the stain and fade resistance of the following products manufactured by Fiberon (“Fiberon Product”), to the original purchaser (“Purchaser”, “you” or “your”) for the warranty period set forth below under normal and proper service conditions, when properly installed installed, cared for and maintained in accordance with the Fiberon written instructions, and used as decking in residential applications, as long as the Purchaser owns the residence upon which the decking materials are installed. 25-Year Coverage: Fiberon® Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® ProTect Decking, Fiberon Sanctuary® Decking, Fiberon Good Life Decking 20-20- year Coverage: Fiberon ArmorGuard® Decking, Veranda® ArmorGuard Decking and Railing, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking, and Fiberon Xtreme Advantage Decking Stain Resistance: Fiberon warrants that the Fiberon Products named above are and will be from the date of residential consumer purchase for the term coverage stated above, resistant to permanent staining resulting from spills of food and beverage items that would typically be present on a residential deck, provided that the Fiberon Products were installed installed, cared for and maintained in accordance with the Fiberon written instructions, the Fiberon Care and Maintenance Instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated above . Fade Resistance: Fiberon warrants that the Fiberon Products are and will be, from the date of residential consumer purchase for the term coverage stated above, resistant to color change from light and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units provided that the Fiberon products were installed, cared for and maintained in accordance with the Fiberon written instructions and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx and the conditions stated below. Exclusions from/Voiding Stain and Fade Warranty Coverage: Fiberon does not warrant its Fiberon Products to be stain or fade proof. When installed, cared for and maintained properly in the residential exterior deck environment, Fiberon Decking products provide stain and fade resistance. However, no material is stain or fade proof, especially but not only when stains result from spilled or otherwise substances that are not properly cleaned or when the materials are exposed to years of UV exposure and the elements. 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 immediately in accordance with soap the Fiberon Care and water or mild household cleaners immediatelyMaintenance instructions found at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/resources/maintenance-care. All warranties are void and excluded in their entirety in any of the following events: • Failure to install, care for and maintain the Fiberon Products in accordance with the Fiberon written instructions, and the Fiberon Care and Maintenance instructions found on xxx.xxxxxxxxxxxxxx.xxx 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 Products and voids all warranties in their entirety. • Direct or indirect contact with the Fiberon Products of extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the surface of the Fiberon Products voids all warranties in their entirety. • Paint or applying other coating materials to Fiberon Products voids all warranties in their entirely. Compliance with the Fiberon Care and Maintenance Instructions is required and a condition precedent to any warranty or warranty claim. Without limitation on any other provision of this Limited Warranty to qualify for coverage, you must have tried cleaning the affected area of your deck using the instructions indicated within this document and within the Care and Maintenance Instructions provided online at xxx.xxxxxxxxxxxxxx.xxx. If the affected area still remains unsatisfactory after you have tried these cleaning procedures, then you must have the affected area of your deck professionally cleaned at your expense. If the affected area remains unsatisfactory after the professional cleaning, you must contact Fiberon Consumer and Technical Support (800-573-8841) and provide proof of the professional cleaning within 30 days of the professional cleaning. 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, 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.

Appears in 1 contract

Samples: Fiberon Stain And

Time is Money Join Law Insider Premium to draft better contracts faster.