Common use of Proof of Purchase Clause in Contracts

Proof of Purchase. As a condition precedent to recovery under this Limited Warranty, owner agrees to retain the original Proof of Purchase of FlintBoard product (sales receipt) and to submit the same to CT when filing a claim. The original Proof of Purchase (sales receipt) must clearly establish that it relates to the FlintBoard which is the subject of the claim. THIS DOCUMENT CONSTITUTES THE EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CERTAINTEED. THE WARRANTIES AND REMEDIES CONTAINED IN THIS DOCUMENT ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER OBLIGATIONS, GUARANTEES AND WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED BY STATUTE OR AT LAW. STATE OR PROVINCIAL LAW WILL DETERMINE THE PERIOD OF TIME FOLLOWING THE SALE THAT A PROPERTY OWNER MAY SEEK A REMEDY UNDER THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAINTEED’S OBLIGATIONS, RESPONSIBILITIES AND LIABILITY SHALL BE LIMITED TO REPAIRING OR REPLACING THE DEFECTIVE FLINTBOARD PRODUCT AS SET FORTH IN THIS LIMITED WARRANTY. IN NO EVENT SHALL CERTAINTEED BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO THE PROPERTY, THE BUILDING OR ITS CONTENTS, OR FOR INJURY TO ANY PERSONS THAT MAY OCCUR AS A RESULT OF THE USE OF THE FLINTBOARD PRODUCT OR AS A RESULT OF THE BREACH OF THIS WARRANTY. IF YOUR STATE OR PROVINCE DOES NOT ALLOW EXCLUSIONS OR LIMITATIONS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL CERTAINTEED’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO FLINTBOARD PRODUCT OR THIS WARRANTY EXCEED THE COST TO THE OWNER OF THE FLINTBOARD PRODUCT OF THE ORIGINAL INSTALLATION. IN NO EVENT SHALL CT BE LIABLE FOR ANY DAMAGES OR EXPENSES RELATED TO THE REMOVAL OR REPLACMENT OF THE FLINTBOARD OR ANY COVERINGS OVER THE FLINTBOARD.THIS LIMITED WARRANTY MAY NOT BE MODIFIED,ALTERED OR EXPANDED BY ANYONE, INCLUDING PRODUCT DISTIBUTORS, DEALERS, SELLERS, INSTALLERS AND/OR CERTAINTEED FIELD REPRESENTATIVES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE. CT shall not be liable for and this Limited Warranty does not apply to: (a) FlintBoard which has been damaged, abused, misused, punctured, crushed, or improperly applied or installed; (b) FlintBoard which has been harmed by use or environmental conditions such that the foam cells have been ruptured by excessive heat, cold and/or humidity;