Common use of Exclusions and Conditions Clause in Contracts

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by spills which are not removed promptly. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 2 contracts

Samples: www.trinitysurfaces.com, www.trinitysurfaces.com

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Exclusions and Conditions. 3.1 a. General exclusions and conditions • Damage arising by not The following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. is NOT covered under this Warranty: • Damage arising from improper not following relevant installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper useand use instructions of the present warranty and the installation instructions provided. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius0°F/- 15°C), extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius140°F/60°C). • Damage caused by exposure to excessive moisture (for example example, excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by spills which are not removed promptlyor other water issues remaining for longer than 24 hours. • Normal wear and tear of the flooring. • Normal , normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditionsconditions (for example installed in an outdoor area, a solarium, an open porch, or areas similar to all of these). • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in in, for example example, the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, vacuum cleaner beater bars, hard plastics, or metal caster wheel, etc. • Indentations. • Damage Indentations and damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due to the lack of interior and exterior doormats. • Damage caused by walking on with spike-or stiletto-heeled shoes and damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which that vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: timelesswoodfloors.ca

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), below 60°F / 15°C) or extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius95°F / 35°C). Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). Damage caused by spills spills, which are not removed promptly. Normal wear and tear of the flooring. Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. Damage arising because the flooring is not used under normal conditions. Damage arising from accidents, abuse, misuse, or the use of strong chemicals. Damage caused by an act of God (for example a natural disaster). Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. Flooring that has been damaged or neglected during transportation. Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. Indentations. Damage to click joints or indentation due to heavy rolling loads. Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. Damage caused by walking on with spike-or stiletto-heeled shoes. Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” / 6.35 mm hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch0.04 in² / 25 mm2. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfersyourselves, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, discovers or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, discovered or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: www.atroguard.com

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), 50°F/10°C) or extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius95°F/35°C). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by normal household spills which are not removed promptlywithin 72 hours. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” / 6.35mm hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch0.04in² / 25mm2. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. xxx.xxxxxxxxx.xxx The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: www.atroguard.com

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsiusbelow 60°F/15°C), extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius95°F/35°C). • Damage and adhesive bonding failure caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by spills which are not removed promptly. • Normal wear and tear of the flooring. • Normal changes in colorcolour, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, colorcolour, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inchinch (25 square millimetres). This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-it- yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: audacity.it-consultis.net

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled unlevel subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance maintenance, or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashersdishwaters, ice makers, refrigerators, sinks, pipes). • Damage caused by spills which are not removed promptly. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunroomsSunrooms, etc.. ) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage garage, or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner clean-er beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains stains, and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of Damaged or planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes shoe having heeltaps heel taps or sharp objects protruding from the sole such as rocks, exposed nails nails, and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄41/4” hard board) on your floor and gently “walk” the item a cross across it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. e.g., desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. , They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inchinch (25 square millimeters). This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items items, and flooring sold “as is”. • • It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, discovers or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, knew/- discovered or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience inconvenience, or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty. What you should do if any of the above listed problems occur • You should notify the original dealer of the defect within 30 calendar days after you know/discover the defect and within the validity period of this warranty. Your dealer can answer your questions and, if necessary, start to process a claim. If your notification takes place outside this period, our warranty will not be applicable. • To enjoy the warranty, you are obligated to present: • A valid proof of purchase in the form of the sales receipt for the flooring and other accessories related to the installation which may affect the installation quality such as but not limited to adhesive, molding, underlay, moisture barrier, molding, etc. • A detailed description of the defect and/or a photograph or sample of the flooring that clearly shows the defect. • Provide additional information requested by the factory to understand the root cause of the issue. What we will do: • If we honor a claim under this warranty, we will - at our sole discretion - repair or finish the defective material or we will refund the price of the flooring. If the flooring was originally installed by a certified professional installer and if there is a justified claim within the first 36 months from the date of the original purchase, we will also pay the reasonable labor costs to perform the repair or replacement. • This repair or replacement or refund will be a pro-rated percentage cost of the flooring and labor cost. This percentage is determined by the number of years remaining on the warranty and the length of the warranty. • This warranty is limited to the designs, colors, structures, and styles available at the time of repair or replacement.

Appears in 1 contract

Samples: sc4eaf1366f174618.jimcontent.com

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Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and warranty, the installation instructions and maintenance guide provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), 50°F/10°C) or extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius95°F/35°C). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by normal household spills which are not removed promptlywithin 72 hours. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” / 6.35mm hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch0.04in² / 25mm2. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: audacityflooring.com

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), 50°F/10°C) or extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius95°F/35°C). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by normal household spills which are not removed promptlywithin 72 hours. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” / 6.35mm hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch0.04in² / 25mm2. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/knows/ discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/known/ discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: customcarpetcenters.com

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and warranty, the installation instructions and maintenance guide provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), 50°F/10°C) or extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius95°F/35°C). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by normal household spills which are not removed promptlywithin 72 hours. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Damage caused by walking on with spike-or stiletto-heeled shoes. • Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” / 6.35mm hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard is not adequate to prevent surface indentation or roller marks from occurring or scratches to the floor. • Damage caused by non-compliant casters on furniture. Barrel- Barrel-type caster wheels or wide, flat glides are best for protecting the floor. For areas with rolling chairs (e.g. desk area), ensure a protective mat is used under the chair. • Damage caused by hard narrow furniture rollers. They must be replaced with wide rubber rollers. This warranty is valid only to the original purchaser. It is not transferable and only applicable to the first installation of the flooring. The affected area must be visible and cover an area bigger than one square inch0.04in² / 25mm2. This warranty does not apply to any products designated as B grade, cabin grades, closeouts, seconds, factory special, non-standard items and flooring sold “as is”. It is the responsibility of the purchaser and the installer, whether they are professionals or a do-it-yourselfers, to inspect all flooring and flooring accessories before installation. If during inspection the purchaser or the installer knows/knows/ discovers, or can reasonably be supposed to know/discover (for example when the default is visible), that the flooring has a visible manufacturing issue, do not install the flooring. Please immediately contact the retailer from which the flooring was purchased. No claims will be accepted for flooring of which the purchaser or installer knew/discovered, or can reasonably be supposed to have known/known/ discovered, that there was something wrong with it. In such case we only warrant the part of the flooring which has not been installed yet. We do not allow or authorize any other person or entity to alter the obligations and limitations in this warranty. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited to this express warranty. However, some jurisdictions do not allow exclusion or limitation on how an implied warranty lasts, so the above limitation or exclusion may not apply to you. We expressly exclude and will not pay consequential or incidental damages under this warranty. By this we mean for example loss, expense, inconvenience or damages, other than to the flooring itself, that may result from a defect in the flooring. However, some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right to inspect the flooring and to remove samples for additional evaluation, if we consider this necessary. Any attempt to repair or replace the flooring without our consent will void this warranty. The failure of either party to enforce any of the provisions of this warranty agreement shall not be construed as a waiver of such provision or a waiver of the right of any party thereafter to enforce each and every provision. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. We will always respect these other rights. No implied warranties extend beyond the term of this written warranty.

Appears in 1 contract

Samples: audacityflooring.com

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