Common use of REMEDY FOR BREACH OF WARRANTY Clause in Contracts

REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, as buyer’s sole and exclusive remedy, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTIK WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your claim to: Bostik, Inc. 00000 Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx 00000-3434 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Technical Data Sheet for the product shall exclusively apply. This XL Brands Product 1-Year Limited Warranty supersedes all previous versions.

REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, if the claim relates to products used as buyer’s sole and exclusive remedypart of a Qualifying Installation System, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. For any other valid claim under this Warranty, Bostik shall provide Bostik product to replace the Bostik product used only in the portion of the original installation that is proven to be defective or, at Bostik’s option, refund the purchase price for the Bostik product used in that portion of the installation. The remedy applicable to your claim shall be your sole and exclusive remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTIK XXXXXX WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your claim to: Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx XX 00000-3434 0000 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR INSTALLATION AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Bostik’s Technical Data Sheet for the product and on product labeling shall exclusively apply. This XL Brands Product Smart help 1-Year Limited Warranty supersedes all previous versions.800-726-7845 BOSTIK HOTLINE Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, XX 00000 xxx.xxxxxx.xxx/xx

REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, if the claim relates to products used as buyer’s sole and exclusive remedypart of a Qualifying Installation System, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. For any other valid claim under this Warranty, Bostik shall provide Bostik product to replace the Bostik product used only in the portion ofthe original installation that is proven to be defective or, at Bostik’s option, refund the purchase price for the Bostik product used in that portion of the installation. The remedy applicable to your claim shall be your sole and exclusive remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTIK XXXXXX WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your claim to: Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx XX 00000-3434 0000 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR INSTALLATION AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Bostik’s Technical Data Sheet for the product and on product labeling shall exclusively apply. This XL Brands Product Smart help 1-Year Limited Warranty supersedes 800-726-7845 BOSTIK HOTLINE Applies to all previous versions.products sold after 04.04.2017. Bostik, Inc.

REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, as buyer’s sole and exclusive remedy, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTIK WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your claim to: Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx XX 00000-3434 0000 Written proof of purchase must proofofpurchasemust be submitted with the notice of claim. NO submittedwiththe xxxxxxxxxxxxx.XX CLAIM WILL BE VALID BEVALID UNDER THIS WARRANTY IF THISWARRANTYIF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Bostik’s Technical Data Sheet for the product and on product labeling shall exclusively apply. This XL Brands Product Smart help 1-Year Limited Warranty supersedes all previous versions.800-726-7845 BOSTIK HOTLINE Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, XX 00000 xxx.xxxxxx.xxx/xx

REMEDY FOR BREACH OF WARRANTY. In If the event Recipient breaches either of the warranties in clause 18.4, and as a valid result of the breach of that warranty, a third party claims the State’s use of all or part of the Warranted Materials infringes its Intellectual Property rights, the Recipient must, in addition to its obligations under clause 19 and to any other rights that the State may have against it, promptly, at the Recipient’s expense: use its best efforts to secure the rights for the State to continue to use the affected Warranted Materials as permitted under clause 18 free of any claim or liability for infringement; or replace or modify the affected Warranted Materials so that the State’s use of them as permitted under this Warranty, as buyer’s sole and exclusive remedy, Bostik shall pay clause 18 does not infringe the reasonable cost Intellectual Property rights of materials and labor, on a square foot basis, necessary to repair or replace the portion any other person without any degradation of the original installation performance or quality of the affected Warranted Materials. Indemnity, warranties and insurance Indemnity The Recipient indemnifies (and must keep indemnified) the State, its officers, employees and agents (referred to in this clause as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or as a consequence of: any Claim against the State, its officers, employees or agents in relation to any act or omission of the Recipient, its officers, employees, agents or related bodies corporate in connection with this Agreement or the Project; the exercise of any Intellectual Property (including the Grant Agreement Material, Background Intellectual Property or Project Intellectual Property) or other rights licensed or granted in accordance with this Agreement, including any Claim that is proven any act in relation to the Grant Agreement Material, Background Intellectual Property or Project Intellectual Property infringes the Intellectual Property of any third party; a negligent, reckless, wilful or unlawful act or omission of the Recipient, its employees, agents or other persons acting on its behalf or under its direction in the conduct of the Project; the breach by the Recipient of any obligation under this Agreement; or the breach of any representation or warranty given by the Recipient under this Agreement. The Recipient’s liability to indemnify those indemnified under this clause 19 will be reduced proportionally to the extent that any negligent, reckless, wilful or unlawful act or omission on the part of those indemnified directly caused the relevant Loss. The right of those indemnified to be defectiveindemnified under this clause 19 is in addition to, and not exclusive of, any other right, power, or remedy provided by law, but those indemnified are not entitled to be compensated in excess of the amount of the relevant Loss. TO THE MAXIMUM EXTENT PERMITTED BY LAWConsequential loss Without prejudice to the State’s right to recover Grant payments under this Agreement, BOSTIK WILL NOT BE LIABLE FOR DIRECTneither party is liable to the other party under this Agreement at law or otherwise for any kind of indirect or consequential loss or damage nor for any loss of profit, INCIDENTALloss of revenue, CONSEQUENTIALloss of use, SPECIALloss of production, ECONOMICbusiness interruption or any other kind of financial or economic loss. This clause does not apply to the unlimited liability of the Recipient in relation to any breach of the warranties in clause 18.4 or under the indemnities in clause 19.1(a). Warranties The Recipient represents and warrants that: if it is a Company, OR OTHER DAMAGESit validly exists under the law of the place of its incorporation; it has the power to sign this Agreement and has all authority and rights needed to perform its obligations under this Agreement; the Authorised Representative(s) are duly authorised to act on behalf of the Recipient for the purposes of this Agreement in the manner contemplated by this Agreement; it operates as a business in Victoria, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESAustralia; it has a registered Australian Business Number; it is not, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery and has no reason to expect that it might become, the subject of an alleged failure Insolvency Administration; except as otherwise expressly contemplated by this Agreement, it enters into and performs its obligations under this Agreement on its own account and not as trustee for, or nominee or agent of, any other person; neither it nor any of its officers, employees or Subcontractors: have been convicted of any offence relating to conform to specifications an Energy Safety and OHS Requirement; or an alleged manufacturing defect. You must send written notice have been or is the subject of your claim to: Bostikany investigation, Inc. 00000 Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx 00000-3434 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR AND TAKE SAMPLES. If any part, term inquiry or provision of this Limited Warranty is determined enforcement proceedings by any court governmental, administrative or other tribunal regulatory body regarding any offence or alleged offence relating to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty an Energy Safety and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Technical Data Sheet for the product shall exclusively apply. This XL Brands Product 1-Year Limited Warranty supersedes all previous versionsOHS Requirement.

REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, as buyer’s sole and exclusive remedy, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTIK XXXXXX WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your ofyour claim to: Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx XX 00000-3434 0000 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Bostik’s Technical Data Sheet for the product and on product labeling shall exclusively apply. This XL Brands Product 1-Year Limited Warranty supersedes all previous versions.Smart help™

REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, as buyer’s sole and exclusive remedy, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTIK XXXXXX WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your claim to: Bostik, Inc. ATTN: Technical Service Department 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx XX 00000-3434 0000 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE FLOOR AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s/XL Brands’ Bostik’s Technical Data Sheet for the product and on product labeling shall exclusively apply. This XL Brands Product Smart help 1-Year Limited Warranty supersedes all previous versions.800-726-7845 BOSTIK HOTLINE Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, XX 00000 xxx.xxxxxx.xxx/xx