PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR OTHERWISE CONNECTED TO FAILURE OF THE
PRODUCT OR FLOORING SYSTEM OF WHICH THEY ARE PART, NOR
MISUSE OF THE PRODUCT OR FLOORING SYSTEM, REGARDLESS
OF ANY STRICT LIABILITY, ACTIVE OR PASSIVE NEGLIGENCE OF
SCHLUTER SYSTEMS, AND REGARDLESS OF THE LEGAL THEORY
(CONTRACT OR TORT OR EXTRA-CONTRACTUAL OR OTHER), NOR
FROM ACTS OF WAR, TERRORISM, OVERVOLTAGE, FAULTY AND
NEGLIGENT PENETRATION OF THE SYSTEM, FIRES, EXPLOSIONS,
ACTS OF GOD, INTENTIONAL ACTS OF DESTRUCTION OR ANY
LOSSES DUE TO STRUCTURAL FAILURE OR OTHER CAUSES
UNRELATED TO THE PRODUCT OR DELAYS, OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY
IS GIVEN IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR
IMPLIED. THE REMEDIES CONTAINED HEREIN ARE THE ONLY
REMEDIES AVAILABLE FOR BREACH OF THIS WARRANTY. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; SOME
STATES AND PROVINCES DO NOT ALLOW DISCLAIMERS OR
OTHER RESTRICTIONS OF IMPLIED WARRANTIES, SO SOME OF
THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
TRANSFERABILITY:
This Limited Warranty extends ONLY to the
original end user (defined as original intended owner and user of the
property/unit in which the installation is incorporated - herein referred
to as “Owner”) and is not transferable or assignable, unless approved in
writing by the Technical Director or an Officer of Schluter
®
-Systems or
otherwise prohibited by specific state or provincial law.
MODIFICATIONS TO WARRANTY:
No changes or modification of
any terms or conditions of this warranty are allowed unless authorized
by written agreement and signed by the Technical Director or an Officer
of Schluter
®
-Systems
EFFECTIVE DATE:
This warranty shall supersede and replace any
and all prior oral or written warranties, agreements, or other such
representations made by or on behalf of Schluter
®
-Systems relative
to the Product or the application of the Product and shall apply to any
installation occurring on or after January 1, 2014.
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