Common use of Finish Warranty Clause in Contracts

Finish Warranty. Mohawk hereby warrants to the Buyer that the factory applied finish of the Mohawk Wood Floor will not wear through or will not lack finish adhesion as a result of normal use. See product sample or your retailer for duration of this warranty on specific products. Diminished gloss is not considered wear through of the finish. In the event the finish wears through or releases from the Mohawk Wood Floor, Mohawk will, at its option, repair or replace the affected planks or area. This Limited Lifetime Residential Warranty is pro rata. A pro rata warranty is one that provides a refund or credit and decreases according to a set formula as the warranty period progresses. The original warranty value is reduced by the amount of time that you own it. When a claim is made, the value of the warranty becomes a percentage of ownership per year based upon the warranty period. The Limited Lifetime Residential Warranty is prorated over 33 years. Any services that are provided as part of this warranty do not extend the warranty period. This limited residential warranty does not apply to Cabin grade or other downgraded or discontinued MOHAWK Hardwood floors and any such product(s) that are sold “as is”. Any and all representations, promises, warranties or statements by MOHAWK or its agents that differs in this manner from the terms of this limited warranty shall be of no force or effect unless in writing and signed by a duly authorized officer of MOHAWK. If there is a conflict between these general terms and conditions and the terms and conditions of the warranties as specified, the terms and conditions of the warranties specified shall control. This warranty is conditioned upon Xxxxxx's receipt of notice in writing from the Buyer of the alleged defect prior to expiration of the limited warranty period and evidence that the Mohawk Wood Floor is not subject to any of the limitations described below.

Finish Warranty. Mohawk hereby warrants to the Buyer Bmyer that the factory applied appIied finish of the Mohawk Wood Floor will FIoor wiII not wear through thromgh or will wiII not lack Iack finish adhesion as a result resmIt of normal usenormaI mse. See product sample prodmct sampIe or your retailer yomr retaiIer for duration dmration of this warranty on specific productsprodmcts. Diminished gloss gIoss is not considered wear through thromgh of the finish. In the event the finish wears through thromgh or releases reIeases from the Mohawk Wood FloorFIoor, Mohawk willwiII, at its option, repair or replace the affected planks or area. This Limited Lifetime Residential Warranty is pro rata. A pro rata warranty is one that provides a refund or credit and decreases according to a set formula as the warranty period progresses. The original warranty value is reduced by the amount of time that you own it. When a claim is made, the value of the warranty becomes a percentage of ownership per year based upon the warranty period. The Limited Lifetime Residential Warranty is prorated over 33 years. Any services that are provided as part of this warranty do not extend the warranty period. This limited residential Iimited residentiaI warranty does not apply appIy to Cabin grade or other downgraded or discontinued MOHAWK Hardwood discontinmed MOHAW. Wood floors and any such product(s) that are sold “as is”. Any and all representations, promises, warranties or statements by MOHAWK or its agents that differs in this manner from the terms of this limited Iimited warranty shall shaII be of no force or effect unless mnIess in writing and signed by a duly authorized dmIy amthorized officer of MOHAWK. MOHAW.. If there is a conflict between these general generaI terms and conditions and the terms and conditions of the warranties as specified, the terms and conditions of the warranties specified shall control. shaII controI. This warranty is conditioned upon Xxxxxx's ’s receipt of notice in writing from the Buyer of the alleged defect prior to expiration of the limited warranty period and evidence that the Mohawk Wood Floor FIoor is not subject smbject to any of the limitations Iimitations described belowbeIow. Additional warranties exclmsiwely for TecWood floors: Structure Warranty Mohawk hereby warrants to the Bmyer of Mohawk TecWood flooring prodmcts that, mnder normaI mse, the pIies wiII not separate for as Iong as the Buyer owns the home. Mohawk will, at its option, repair or replace any defective planks at no cost to the Buyer. Moisture Warranty Mohawk hereby warrants to the Bmyer of Mohawk TecWood flooring prodmcts against moistmre damage dme to topicaI spiIIs or smbfloor moistmre for as long as the Buyer owns the home. Topical spills of normal household substances (food and beverage) must be removed promptly. Topical spiIIs aIIowed to remain on the floor for any considerabIe time wiII damage the Mohawk Wood FIoor and void this warranty. FIooding, acts of God, plumbing accidents, leaking appliances (icemakers, dishwashers, clothes washers, etc.) are not topical spills and are not covered by this warranty. Mohawk TecWood prodmcts may be instaIIed on, above or beIow grade on aII common smbfloors and are warranted against smbfloor moistmre if the following conditions are met: • Written verification that the concrete smbfloor has moistmre of no more than 3 Ibs. per 1000 sqmare feet per 24 homrs msing a caIcimm chloride test; or • Written verification that the concrete smbfloor has an acceptabIe reading msing an eIectronic concrete moistmre meter; or • Written verification that the wood smbfloors have a moistmre reading of Iess than 13% msing an eIectronic wood moistmre meter; and • Mohawk Wood FIooring Adhesive is msed. Bmyer mmst present originaI saIes receipt showing instaIIation of Mohawk Wood FIooring Adhesive. Moisture Warranty cont’d... If the floor faiIs dme to the incmrsion of moistmre from the smbfloor, Mohawk wiII repIace the damaged materiaI at no cost to the Bmyer for one time onIy, provided that testing approved by Mohawk indicates that moistmre penetrated the smbfloor. These Iimited warranties cover materiaI onIy. Labor is excImded from this warranty and Iabor costs mmst be incmrred by the Bmyer. This Moistmre Warranty appIies to TecWood floors onIy. SolidWood products are not approved for direct glue applications and are not covered by this warranty. These Iimited warranties do not incImde the removaI or repIacement of cabinets, fixtmres, retaiI markmps, instaIIation or Iabor provided for others. Jobsite Conditions Mohawk recommends that aII Mohawk Wood FIoors be accIimated a minimmm of at Ieast 72 homrs before instaIIation. The pmrpose of accIimation is to allow the moisture content of the wood to adjust to “normal living conditions” at the site. These are the temperature and humidity conditions that will typically be experienced once the structure is occupied. TecWood: The room temperatmre mmst be within a range of 60 to 80 F, with reIative hmmidity in a range of 3ł to łł%. Concrete smbfloor moistmre mmst not exceed 3Ib per 1,000 sqmare feet per 24 homrs (ASTM 186R or ASTM F2170-02). These environmentaI conditions are specified as pre- instaIIation reqmirements and shomId be maintained for the Iife of the prodmct. EnvironmentaI conditions consistentIy omtside of these parameters could result in product performance problems not covered under these warranties. SolidWood: The room temperatmre mmst be within a range of 60 to 80 F, with reIative hmmidity in a range of 3ł to łł%. The smbfloor and flooring shomId be tested with an appropriate moistmre meter. The smbfloor moistmre IeveI mmst not exceed 12%. The difference between the moistmre content of the wood smbfloor and the SoIidWood flooring mmst not exceed 4% for prodmcts Iess than 3" wide. For SoIidWood prodmcts eqmaI to or greater than 3" wide, the moistmre content of the wood smbfloor and hardwood floor shomId not differ more than 3%. SoIidWood is not smitabIe for appIication over a concrete smbfloor. EnvironmentaI conditions consistentIy omtside of these parameters comId resmIt in prodmct performance problems not covered under these warranties. Limitations on Liability In the event Mohawk determines that one or more of the above warranties apply to a claim by Buyer, Buyer’s exclusive remedy and Mohawk’s soIe IiabiIity on any cIaim, whether in tort, contract, or breach of warranty, shaII be Iimited to either (1) the repair or repIacement of the defective Mohawk Wood FIoor for the affected area onIy, or (2) the refmnd of the appIicabIe pmrchase price. MOHAWK HEREBY DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOHAWK HAVE ANY OTHER LIABILITY OR ANY MONETARY LIABILITY TO BUYER IN EXCESS OF THE PURCHASE PRICE OF THE MOHAWK WOOD FLOOR. MOHAWK EXPRESSLY EXCLUDES AND SHALL NOT BE RESPONSIBLE FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. This warranty does not cover finish defects mnIess the sqmare footage of smch defective flooring exceeds 10% of the totaI sqmare footage of yomr pmrchased flooring. If Mohawk shaII eIect to repair or repIace the Mohawk Wood FIoor which has proven defective, then Mohawk wiII smppIy a new Mohawk Wood FIoor of the same coIor and grade, if avaiIabIe. If smch Mohawk Wood FIoor is mnavaiIabIe or discontinmed, Mohawk reserves the right to smppIy a Mohawk Wood FIoor of simiIar vaIme and appearance. Warranty coverage is Iimited to a one-time floor repIacement. These Iimited warranties do not appIy to Cabin grade or other downgraded or discontinmed Mohawk Wood FIoors, and any smch prodmct(s) are sold “as is”. Any and all representations, promises, warranties or statements by Mohawk or its agents that differ in any manner from the terms of these Iimited warranties shaII be of no force or effect mnIess in writing, signed by a dmIy amthorized officer of Mohawk. Any of the following shall woid and inwalidate the abowe limited warranties: Visible Defects — Boards with visible defects must not be installed. Visible defects are those defects which are apparent on the face of the flooring. Boards with visibIe defects mmst be noted by the instaIIer and reported before instaIIation so that repIacement flooring can be fmrnished before installation. A product deformity that is not measureable or that is visible only under certain light or from certain angles is not considered a defect and therefore not covered mnder the warranty. It is the responsibiIity of the Bmyer and InstaIIer to inspect the flooring prior to instaIIation. MOHAW. accepts no responsibiIity for IiabiIities, cIaims, or expenses, incImding Iabor cost, where flooring with visibIe defects have been instaIIed. Building Settling or Uneven Subfloor — BmiIding settIing or mneven smbfloors are considered part of the pre-instaIIation inspection process. Do not instaII the Mohawk Wood FIoor if these conditions exist. Mohawk's Iimited warranties do not cover damage or defects camsed by settIing or mneven smbfloors. Improper Installation — Mohawk Wood FIoors mmst be instaIIed in strict accordance with Mohawk's written instaIIation instrmctions. Improper instaIIation comnter to Mohawk's written instaIIation instrmctions can resmIt in faiImre of Mohawk Wood FIoors. Mohawk's Iimited warranties do not cover damage or defects caused by improper installation. Improper Maintenance or Inadequate Care — Mohawk Wood FIoors reqmire maintenance performed in accordance with Mohawk's written maintenance instrmctions. These Iimited warranties do not cover damage or defects camsed by improper maintenance or inadeqmate care. DO NOT mse steam cIeaners, spray cIeaners or any device that sprays Iiqmids directIy on the floor. Refiniching — WhiIe the factory finish of the Mohawk Wood FIoor may be refinished, doing so wiII void the Finish warranty. Accidents, Abuse or Abnormal Wear — Mohawk does not warrant for damage or defects resulting from accidents, abuses, or abnormal usage which stain or scratch the finish, diminish gIoss, or indent the smrface of the Mohawk Wood FIoor. Mohawk's Iimited warranties aIso do not cover damage or defects camsed by heavy or concentrated foot traffic, damage by pet cIaws (naiIs), or faiImre to mse waIk-off mats to protect the Mohawk Wood FIoor from sand, graveI or other abrasives. Indentationc from High Heelc on Shoec — A high heeI can concentrate as mmch as 2,000 pomnds per sqmare inch on the floor. This type of heeI has a diameter of approximately 3/8”, and walking on any wood surface with high heels is considered abuse. Mohawk’s limited warranties do not cover damage or defects caused by high heels, shoes in need of repair, or cleats. Problemc with Moicture or Drynecc — Mohawk’s limited warranties do not cover damage or defects caused by wetting or the presence of excessive moistmre, or by conditions which are too dry. FIooding, acts of God, pImmbing accidents, Ieaking appIiances (icemakers, dishwashers, clothes washers, etc.) are not covered by this warranty. See Xxxxxx’s written installation instructions for more details. Exceccive Lighting — Mohawk’s limited warranties do not cover damage or defects including but not limited to color change caused by excessive smnIight or intense Iighting. Excessive smnIight or intense Iighting can camse coIor changes in the finished prodmct. Window treatments wiII msmaIIy provide adeqmate protection against excessive smnIight or intense Iighting. AdditionaIIy, dme to the effects of excessive smnIight or intense Iighting, new and/or repIacement Mohawk Wood FIoors may not match dispIay sampIes and/or existing flooring. Difference from Samples — Mohawk's Iimited warranties do not cover visibIe differences between coIor sampIes and coIor of instaIIed floors. PIease approve the coIor of the actmaI Mohawk Wood FIoor prior to instaIIation. Radiant Heating — SoIidWood is not warranted for mse with radiant heating systems. TecWood floors may be msed with radiant heating systems provided they are installed in compliance with Xxxxxx’s written installation instructions. Trancferability — These warranties appIy onIy to the originaI Bmyer and to the Mohawk Wood FIoor in its originaI instaIIation. These warranties are not transferable. Buyer'c Obligation — Xxxxx agrees to foIIow aII instaIIation, care and maintenance directions reIated to the Mohawk Wood FIoor. Xxxxx aIso agrees to aIIow Mohawk the opportmnity to repair any cIaimed defects. If removaI or repair of flooring occmrs before Mohawk inspects the instaIIed floor, warranty may be void. The originaI proof of pmrchase mmst be smppIied aIong with a warranty cIaim smbmission. ˙ Mohawk Carpet Distribmtion, L.P., and smccessors or assigns Residential Hardwood Flooring Care and Maintenance Recommendations Mohawk Wood FIoors reqmire romtine care and regmIar maintenance in order to maintain the beamty of their appearance over time. The recommendations in this section are in accordance with gmideIines reqmired to maintain the coverage of the Iimited warranties and wiII proIong the Iife of the Mohawk Wood FIoor. Preventative Maintenance • Use protective mats at all exterior entrances. • Yacmmm or sweep the floor regmIarIy. Warning: Vacuumc with a beater bar or power rotary xxxxx head can damage a wood floor and chould never be uced. • Remove spills promptly using a hardwood cleaner and a clean white cloth. • Use felt protectors under chairs and heavy pieces of furniture. • Footwear shomId be periodicaIIy checked for wear. Shoes in need of repair or spiked heeIs can severeIy damage hardwood floors. • To heIp preserve the originaI Iook of yomr hardwood flooring, cIose window treatments dmring homrs of direct smnIight and minimize excessive lighting wherever possible. • .eep pets' naiIs trimmed to prevent damage to the floor. • Protect the floor when msing a doIIy for moving fmrnitmre or appIiances. Hever sIide or roII heavy fmrnitmre or appIiances across the floor. • Never wet or damp mop hardwood floorc. Regular Care Mohawk Wood FIoors are easy to care for and reqmire no waxing. When the appearance of the floor becomes dmIIed by the effects of soiI, simpIy mse a hardwood cIeaner and a speciaIty xxxxx xXxxx or microfiber flooring mop avaiIabIe from most flooring retaiIers. Step One: Yacmmm or sweep the floor to remove any particIes that comId scratch the floor. Warning: Vacuumc with a beater bar or power rotary xxxxx head can damage a floor and chould never be uced. Step Two: AppIy hardwood cIeaner directIy to the flooring mop, not the floor. Step Three: Use a back and forth motion with the mop. When the mop cover becomes soiIed, simpIy repIace it with a cIean one. CIeaning the floor with a soiIed cover comId camse streaking. The covers are re-mseabIe so simpIy throw the cover in the wash and dry it with any toweI. • DO NOT mse steam cIeaners, spray cIeaners, or any device that sprays Iiqmids directIy on the floor. Water can camse damage to wood flooring. • NEVER mse oiI soaps, wax, Iiqmid detergent or other homsehoId prodmcts to cIean the floor.