Common use of Warranty Remedies Clause in Contracts

Warranty Remedies. 1. After receipt of proper written notice of the claim, the Mohawk Group will designate a representative to inspect the carpet with the owner’s representative. 2. Subject to the above warranty limitations and owner’s obligations, the Mohawk Group shall repair or, in its sole discretion, replace any carpet which does not meet the requirements of this warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet. 3. Any replacement will be made with a comparable product selected by the Mohawk Group from the then-current Mohawk Group running line. However, the Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or expenses in removing furniture or equipment from the affected area shall not be included in its obligation. 4. The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the Mohawk Group. This warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, owner, or any third party. In no event shall the Mohawk Group be liable for any incidental or consequential damages. No modification of this warranty shall be effective unless in writing and signed by a representative of the Mohawk Group authorized to do so.

Appears in 2 contracts

Samples: Lifetime Limited Warranty, Warranty

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Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the owner’s representativeOwner's representative and The Mohawk Group will meet all warranty obligations. 2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and owner’s obligationsOwner obligation, the The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet which does not meet sold by it containing a defect covered by the requirements of this above UNIBOND FLEX limited warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet.Owner 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-then current Mohawk Group running line. However, the The Mohawk Group’s 's obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be are included in its our obligation. 4. The remedies provided in connection with this the UNIBOND FLEX limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ieswarranty(s) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the The Mohawk Group authorized to do so.

Appears in 2 contracts

Samples: Lifetime Warranty, Lifetime Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the ownerOwner’s representativerepresentative and The Mohawk Group will meet all warranty obligations. 2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and owner’s obligationsOwner obligation, the The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet which does not meet sold by it containing a defect covered by the requirements of this warrantyabove Sentry Plus Limited Warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpetOwner. 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-then current Mohawk Group running line. However, the The Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be included in its our obligation. 4. The remedies provided in connection with this limited warranty the Sentry Plus Limited Warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ieswarranty(s) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the The Mohawk Group authorized to do so. Please Note: Some States do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts. The above limitation or exclusion may not apply to you. You have legal rights under this warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Except for these rights, the remedies provided under this warranties state the limit of Mohawk Carpet Corporation responsibilities.

Appears in 2 contracts

Samples: Warranty, Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the owner’s representative. 2. Subject to the above warranty limitations and owner’s obligations, the The Mohawk Group shall repair or, in its sole discretion, replace any carpet which does not meet the requirements of this warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet. 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-current Mohawk Group running line. However, the The Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or expenses in removing furniture or equipment from the affected area shall not be included in its obligation. 4. The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this warranty shall be effective unless in writing and signed by a representative of the The Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Lifetime Limited Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the owner’s representative. 2. Subject to the above warranty limitations and owner’s obligations, the The Mohawk Group shall repair or, in its sole discretion, replace any carpet which does not meet the requirements of this warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet. 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-current Mohawk Group running line. However, the The Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or expenses in removing furniture or equipment from the affected area shall not be included in its obligation. 4. The remedies provided in connection with this limited warranty are expressly in lieu of or any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this warranty shall be effective unless in writing and signed by a representative of the The Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Modular Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the owner’s representativeOwner's representative and The Mohawk Group will meet all warranty obligations. 2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and owner’s obligationsOwner obligation, the The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet which does not meet sold by it containing a defect covered by the requirements of this warrantyabove 10 Year Stain Warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpetOwner. 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-current Mohawk Group running line. However, the The Mohawk Group’s 's obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be included in its our obligation. 4. The remedies provided in connection with this limited warranty the 10 Year Stain Warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ieswarranty(s) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the The Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Ten Year Stain Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the ownerOwner’s representativerepresentative and The Mohawk Group will meet all warranty obligations. 2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and owner’s obligationsOwner obligation, the The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet which does not meet sold by it containing a defect covered by the requirements of this warrantyabove SmartStrand Contract Limited Warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpetOwner. 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-then current Mohawk Group running line. However, the The Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be included in its our obligation. 4. The remedies provided in connection with this limited warranty the SmartStrand Contract Limited Warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the The Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Lifetime Limited Warranty

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Warranty Remedies. 1. After receipt of proper written notice of the claim, the The Mohawk Group will designate a representative to inspect the carpet with the owner’s representativeOwner's representative and The Mohawk Group will meet all warranty obligations. 2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and owner’s obligationsOwner obligation, the The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet which does not meet sold by it containing a defect covered by the requirements of this above UNIBOND FLEX BLOC limited warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet.Owner 3. Any replacement will be made with a comparable product selected by the The Mohawk Group from the then-then current Mohawk Group running line. However, the The Mohawk Group’s 's obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be are included in its our obligation. 4. The remedies provided in connection with this the UNIBOND FLEX BLOC limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ieswarranty(s) set by the dealer, owner, or any third party. In no event shall the The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the The Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Lifetime Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the Mohawk Group will may designate a representative to inspect the carpet with the ownerOwner’s representative. 2. Subject to the above warranty limitations and ownerOwner’s obligations, the Mohawk Group shall repair orshall, in at its sole discretion, repair or replace any the affected carpet which does not meet or refund the requirements of this warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor proportional purchase price for the installation of any replacement carpetaffected area. 3. Any replacement will be made with a comparable product selected by the Mohawk Group from the then-current Mohawk Group running line. However, the Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or expenses in removing furniture or equipment from the affected area shall not be included in its obligation. 4. The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warrantyTHE REMEDIES PROVIDED IN CONNECTION WITH THIS LIMITED WARRANTY ARE EXPRESSLY IN LIEU OF ANY OTHER REMEDIES PROVIDED UNDER ANY OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the Mohawk Group. This warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, ownerOwner, or any third party. In no event shall the Mohawk Group be liable for any incidental or consequential damages. No modification of this warranty shall be effective unless in writing and signed by a an authorized representative of the Mohawk Group authorized to do soGroup.

Appears in 1 contract

Samples: Limited Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the Mohawk Group will designate a representative to inspect the carpet with the ownerOwner’s representativerepresentative and the Mohawk Group will meet all warranty obligations. 2. Subject to the above warranty limitations and owner’s obligations, the Mohawk Group shall repair or, in its sole discretion, replace any carpet which does not meet the requirements of this warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet. 3. Any replacement will be made with a comparable product selected by the Mohawk Group from the then-then current Mohawk Group running line. However, the Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be included in its our obligation. 4. The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, owner, or any third party. In no event shall the Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Warranty

Warranty Remedies. 1. After receipt of proper written notice of the claim, the Mohawk Group will designate a representative to inspect the carpet with the ownerOwner’s representativerepresentative and the Mohawk Group will meet all warranty obligations. 2. Subject to the above warranty limitations and owner’s obligations, the Mohawk Group shall repair or, in its sole discretion, replace any carpet which does not meet the requirements of this warranty, at no expense to the owner for any cost of the replacement carpet material, adhesive, labor for removal of the defective carpet, and/or labor for the installation of any replacement carpet. 3. Any replacement will be made with a comparable product selected by the Mohawk Group from the then-current Mohawk Group running line. However, the Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By the way of example and not limitation, damages arising from the interruption of use of the spaces affected or affected, nor expenses in removing furniture or equipment from the affected area shall not be included in its our obligation. 4. The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of the Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(ieswarranty(s) set by the dealer, owner, or any third party. In no event shall the Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a representative Representative of the Mohawk Group authorized to do so.

Appears in 1 contract

Samples: Ten Year Stain Warranty

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