EXCLUSIONS FROM LIMITED WARRANTY COVERAGE
OceanView shall not be liable for and this warranty does not apply or extend to glass shattering, breakage or distortion or any failure, defects or damages arising from or connected with, without limitation, misuse, neglect, physical abuse, faulty or improper installation or insulation, owner failure to provide reasonable and necessary maintenance to prevent an accumulation of surface dirt, staining or mildew, defects, exposure to harmful chemicals, failure of or damages to walls, surfaces or structures to which Products are applied arising from settlement, distortion or warping due to unusual heat sources (including outdoor grills and reflection from windows or foil sheathing), movement, or cracking thereof, earthquakes, hurricane, tornado, cyclone, gale, lightning, fire, flood, and Acts of God, accidental or intentional damage, vandalism, and all other causes beyond OceanView’s control. This warranty does not apply to Products which have been painted, varnished, or coated over OceanView’s original finish except if coated through OceanView. Products which experience colour changes due to normal weathering are excluded from this warranty. Non-uniform color change as a result of equal exposure to sunlight is covered under this warranty; however, non-uniform colour changes resulting from unequal exposure to sunlight are not covered under this warranty. “Normal weathering” is defined as exposure to ultraviolet (sun) light, and extremes of weather and atmosphere which will cause any colored or painted surface to fade, darken, chalk, acquire a surface accumulation of dirt or stains, oxidate or corrode. The severity of these conditions depends on air quality, the geographic location of your home, and other local conditions over which OceanView has no control. OceanView, at its own discretion, shall determine whether the Products are suffering from normal weathering. IN NO EVENT SHALL OCEANVIEW BE LIABLE FOR ANY LABOUR COSTS AND/OR TRANSPORTATION COSTS. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, LIABILITIES OR OBLIGATION OF OCEANVIEW, EITHER EXPRESSED OR IMPLIED, EXCEPT THAT THE DURATION OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN TIME TO THE DURATION OF THIS WARRANTY. OCEANVIEW SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND FOR BREACH OF ANY EXPRESS, WRITTEN OR ORAL OR IMPLIED WARRANTY ON PRODUCTS. YOUR EXCLUSIVE REMEDY SHALL BE ENFORCEMENT OF THIS WARRANTY UPON THE TERMS AND CONDITIONS HEREIN CONTAINED. NO REPRESENTATIVE OF OCEANVIEW OR ITS DISTRIBUTORS OR DEALERS IS AUTHORIZED TO MAKE ANY CHANGE OR MODIFICATION TO THIS WARRANTY.