Common use of WARRANTY TERMS AND CONDITIONS Clause in Contracts

WARRANTY TERMS AND CONDITIONS. The following terms and conditions (the “Warranty Terms and Conditions”) apply to the warranty made by Milliken & Company (“Milliken”) for Milliken Mosaic Moisture XT Spray Adhesive for use with modular carpet and 5.0mm LVT. These Warranty Terms and Conditions and related warranty do not apply to non-commercial installations. The warranty provided herein is in lieu of any and all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. This warranty is subject to the limitations and exclusions set forth in these Warranty Terms and Conditions and in the individual warranty. The warranty only applies when bond testing, substrate preparation, adhesive application and installation have all been performed in accordance with the requirements and instructions set forth on the product label, the product specification sheet, Xxxxxxxx’x then current published instructions for installation of modular carpet (which are specific for each carpet product), Change Agent and/or Loose Lay 5.0mmLVT (as applicable), and the then current Carpet and Rug Institute publication CRI 104 (as applicable) (collectively, the “Documentation”). Furthermore, the installation must be in an indoor commercial environment. The warranty shall not apply (i) to installations on substrates that were not prepared as instructed in the Documentation; (ii) to substrates that are not free of silicate penetrating curing compounds and other topical or integral treatments that violate ASTM F710; (iii) to installations over substrates where hydrostatic pressure exists; (iv) where the claimant does not have written and photographic documentation of the bond testing conducted prior to the installation; (v) to installation failures due to outside sources of water; (vi) to installations taken up or replaced prior to inspection by authorized Milliken personnel; (vii) to installations with chemically cleaned substrates, where improper cleaning methods have been used, or where adhesive removers have been applied; (viii) to installations using incompatible curing compounds, mold release agents, or non-Portland cement based leveling or patch compounds; (ix) to failure of leveling or patch compounds of any kind; (x) to damage caused by expansion joints or other structural areas; (xi) to structural failure, seismic action, discoloration, caustic solutions entering the system topically through joints; or (xii) where the adhesive product was allowed to freeze prior to use. In no event shall Milliken be liable for incidental or consequential damages, whether in contract, warranty, negligence, strict liability, or otherwise. The substrate must be visibly dry for both newly poured and existing on and above grade slabs. This warranty does not include responsibility for effects to the applied floor coverings due to exposure to conditions for which they were not designed or for improper installation of the floor covering material, defective floor covering material or problems associated with substrate preparation or imperfections, improper maintenance, differences in color between flooring products and samples or photographs, failure of the flooring to adhere to the substrate due to hydrostatic pressure from the substrate, or inappropriate end-user activities. For the warranty to be valid, the adhesive product should be used only for the purposes stated on the product description and be used within three years of the date of manufacture and be applied in accordance with the product application instructions. Any other products used in conjunction with the adhesive product are required to be certified compatible. Purchaser is required to maintain written and photographic documentation of bond testing and any corrective action required. Any installation problems or claims associated with the use of any type of underlayment product should be directed to the underlayment manufacturer or to those responsible for its application. Warranty periods, whatever the length and wherever referenced in this document, begin at the date of the applicable invoice. Purchaser’s exclusive remedy for any and all losses or damages resulting from a breach of warranty shall be the repair or replacement of the adhesive and, if required, the modular carpet and/or LVT (as the case may be) in the affected area, as determined by Milliken in its sole discretion. The selected remedy shall reflect the previous usage of the carpet or LVT and may take the form of credit toward future purchases. This shall be the purchaser’s sole remedy. If replacement is chosen by Milliken as the appropriate remedy, Milliken will pay the reasonable costs for such replacement. Replacement must be performed by Milliken or a Milliken approved vendor. Xxxxxxxx’x obligation hereunder shall not include payment of any indirect costs or incidental or consequential damages arising from replacement or repair. Purchaser must provide reasonable cooperation to facilitate Xxxxxxxx’x repair or replacement in the affected area. If any modular carpet or LVT is replaced as part of the remedy, the replacement will be made with a current, comparable Milliken carpet or LVT. Warranty coverage is limited to the original purchaser of the adhesive product (which includes anyone purchasing through a dealer) and is not transferable. Milliken requires the original sales receipt or other sufficient documentation, as determined by Milliken, as proof of warranty coverage.

WARRANTY TERMS AND CONDITIONS. The following terms and conditions (the “Warranty Terms and Conditions”) apply to the warranty made by Milliken Xxxxxxxx & Company (“MillikenXxxxxxxx”) for Milliken Mosaic Moisture XT Spray Adhesive Xxxxxxxx TractionBack® for use with modular carpet and 5.0mm LVTcarpet. These Warranty Terms and Conditions and related warranty do not apply to non-commercial installations. The warranty provided herein is in lieu of any and all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. This The warranty is subject to the limitations and exclusions set forth in these Warranty Terms and Conditions and in the individual warranty. The warranty only applies to use of the Xxxxxxxx TractionBack® product in carpet installations when bond testing, substrate preparation, perimeter adhesive application and carpet installation have all been performed in accordance with the requirements and instructions set forth on the product label, the product specification sheet, sheet and Xxxxxxxx’x then current published instructions for installation of modular carpet (which are specific for each carpet product), Change Agent and/or Loose Lay 5.0mmLVT (as applicable), and the then current Carpet and Rug Institute publication CRI 104 (as applicable) (collectively, the “Documentation”). Furthermore, the carpet installation must be in an indoor commercial environment. The warranty shall not apply (i) to installations on substrates that were not prepared and tested, when applicable, as instructed in the Documentation; (ii) to substrates that are not free of silicate penetrating curing compounds and other topical or integral treatments that violate ASTM F710; (iii) to installations over substrates where hydrostatic pressure exists, or moisture readings are higher than specified for the product subject to such limitations; (iv) where the claimant does not have written and photographic documentation of the bond testing conducted prior to the installation, as well as moisture testing if applicable; (v) to installation failures due to outside sources of water; (vi) to installations taken up , such as where outside grade is above substrate, moisture or replaced prior to inspection by authorized Milliken personnel; (vii) to installations with chemically cleaned substrates, where improper cleaning methods have been used, or where adhesive removers have been applied; (viii) to installations using incompatible curing compounds, mold release agents, or non-Portland cement based leveling or patch compounds; (ix) to failure of leveling or patch compounds of any kind; (x) to damage ground water intrusion caused by expansion joints faulty (or lack of) a vapor retarder under the concrete substrate slab per ASTM E1745, sprinklers soaking ground at the building foundation, overflow drains not directed away from the foundation, flooding or other structural areas; (xi) to structural failure, seismic action, discoloration, caustic solutions entering the system topically through joints; natural disasters or (xii) where the adhesive product was allowed to freeze prior to use. In no event shall Milliken be liable for incidental or consequential damages, whether in contract, warranty, negligence, strict liability, or otherwise. The substrate must be visibly dry for both newly poured and existing on and above grade slabs. This warranty does not include responsibility for effects to the applied floor coverings due to exposure to conditions for which they were not designed or for improper installation of the floor covering material, defective floor covering material or problems associated with substrate preparation or imperfections, improper maintenance, differences in color between flooring products and samples or photographs, failure of the flooring to adhere to the substrate due to hydrostatic pressure from the substrate, or inappropriate end-user activities. For the warranty to be valid, the adhesive product should be used only for the purposes stated on the product description and be used within three years of the date of manufacture and be applied in accordance with the product application instructions. Any other products used in conjunction with the adhesive product are required to be certified compatible. Purchaser is required to maintain written and photographic documentation of bond testing and any corrective action required. Any installation problems or claims associated with the use of any type of underlayment product should be directed to the underlayment manufacturer or to those responsible for its application. Warranty periods, whatever the length and wherever referenced in this document, begin at the date of the applicable invoice. Purchaser’s exclusive remedy for any and all losses or damages resulting from a breach of warranty shall be the repair or replacement of the adhesive and, if required, the modular carpet and/or LVT (as the case may be) in the affected area, as determined by Milliken in its sole discretion. The selected remedy shall reflect the previous usage of the carpet or LVT and may take the form of credit toward future purchases. This shall be the purchaser’s sole remedy. If replacement is chosen by Milliken as the appropriate remedy, Milliken will pay the reasonable costs for such replacement. Replacement must be performed by Milliken or a Milliken approved vendor. Xxxxxxxx’x obligation hereunder shall not include payment of any indirect costs or incidental or consequential damages arising from replacement or repair. Purchaser must provide reasonable cooperation to facilitate Xxxxxxxx’x repair or replacement in the affected area. If any modular carpet or LVT is replaced as part of the remedy, the replacement will be made with a current, comparable Milliken carpet or LVT. Warranty coverage is limited to the original purchaser of the adhesive product (which includes anyone purchasing through a dealer) and is not transferable. Milliken requires the original sales receipt or other sufficient documentation, as determined by Milliken, as proof of warranty coverage.weather conditions;

WARRANTY TERMS AND CONDITIONS. The following terms and conditions (the “Warranty Terms and Conditions”) apply to the warranty made by Milliken & Company (“Milliken”) for Milliken Mosaic Moisture XT 98-Spray Adhesive for use with modular carpet and and/or 5.0mm LVT, or 2.5mm LVT. These Warranty Terms and Conditions and related warranty do not apply to non-commercial installations. The warranty provided herein is in lieu of any and all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. This warranty is subject to the limitations and exclusions set forth in these Warranty Terms and Conditions and in the individual warranty. The warranty only applies when bond testing, substrate preparation, adhesive application and installation have all been performed in accordance with the requirements and instructions set forth on the product label, the product specification sheet, Xxxxxxxx’x then current published instructions for installation of modular carpet (which are specific for each carpet product), Change Agent and/or Loose Lay 5.0mmLVT 5.0mm LVT, or 2.5mm LVT (as applicable), and the then current Carpet and Rug Institute publication CRI 104 (as applicable) (collectivelyapplicable)(collectively, the “Documentation”). Furthermore, the installation must be in an indoor commercial environment. The warranty shall not apply (i) to installations on substrates that were not prepared as instructed in the Documentation; (ii) to substrates that are not free of silicate penetrating curing compounds and other topical or integral treatments that violate ASTM F710; (iii) to installations over substrates where hydrostatic pressure exists; (iv) where the claimant does not have written and photographic documentation of the bond testing conducted prior to the installation; (v) to installation failures due to outside sources of water; (vi) to installations taken up or replaced prior to inspection by authorized Milliken personnel; (vii) to installations with chemically cleaned substrates, where improper cleaning methods have been used, or where adhesive removers have been applied; (viii) to installations using incompatible curing compounds, mold release agents, or non-Portland cement based leveling or patch compounds; (ix) to failure of leveling or patch compounds of any kind; (x) to damage caused by expansion joints or other structural areas; (xi) to structural failure, seismic action, discoloration, caustic solutions entering the system topically through joints; or (xii) where the adhesive product was allowed to freeze prior to use. In no event shall Milliken be liable for incidental or consequential damages, whether in contract, warranty, negligence, strict liability, or otherwise. The substrate must be visibly dry for both newly poured and existing on and above grade slabs. This warranty does not include responsibility for effects to the applied floor coverings due to exposure to conditions for which they were not designed or for improper installation of the floor covering material, defective floor covering material or problems associated with substrate preparation or imperfections, improper maintenance, differences in color between flooring products and samples or photographs, failure of the flooring to adhere to the substrate due to hydrostatic pressure from the substrate, or inappropriate end-user activities. For the warranty to be valid, the adhesive product should be used only for the purposes stated on the product description and be used within three years of the date of manufacture and be applied in accordance with the product application instructions. Any other products used in conjunction with the adhesive product are required to be certified compatible. Purchaser is required to maintain written and photographic documentation of bond testing and any corrective action required. Any installation problems or claims associated with the use of any type of underlayment product should be directed to the underlayment manufacturer or to those responsible for its application. Warranty periods, whatever the length and wherever referenced in this document, begin at the date of the applicable invoice. Purchaser’s exclusive remedy for any and all losses or damages resulting from a breach of warranty shall be the repair or replacement of the adhesive and, if required, the modular carpet and/or LVT (as the case may be) in the affected area, as determined by Milliken in its sole discretion. The selected remedy shall reflect the previous usage of the carpet or LVT and may take the form of credit toward future purchases. This shall be the purchaser’s sole remedy. If replacement is chosen by Milliken as the appropriate remedy, Milliken will pay the reasonable costs for such replacement. Replacement must be performed by Milliken or a Milliken approved vendor. Xxxxxxxx’x obligation hereunder shall not include payment of any indirect costs or incidental or consequential damages arising from replacement or repair. Purchaser must provide reasonable cooperation to facilitate Xxxxxxxx’x repair or replacement in the affected area. If any modular carpet or LVT is replaced as part of the remedy, the replacement will be made with a current, comparable Milliken carpet or LVT. Warranty coverage is limited to the original purchaser of the adhesive product (which includes anyone purchasing through a dealer) and is not transferable. Milliken requires the original sales receipt or other sufficient documentation, as determined by Milliken, as proof of warranty coverage.

WARRANTY TERMS AND CONDITIONS. The following terms and conditions (the “Warranty Terms and Conditions”) apply to the warranty made by Milliken & Company (“Milliken”) for Milliken Mosaic Moisture XT Spray Adhesive TractionBack® for use with modular carpet and 5.0mm LVTcarpet. These Warranty Terms and Conditions and related warranty do not apply to non-commercial installations. The warranty provided herein is in lieu of any and all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. This The warranty is subject to the limitations and exclusions set forth in these Warranty Terms and Conditions and in the individual warranty. The warranty only applies to use of the Milliken TractionBack® product in carpet installations when bond testing, substrate preparation, perimeter adhesive application and carpet installation have all been performed in accordance with the requirements and instructions set forth on the product label, the product specification sheet, sheet and Xxxxxxxx’x then current published instructions for installation of modular carpet (which are specific for each carpet product), Change Agent and/or Loose Lay 5.0mmLVT (as applicable), and the then current Carpet and Rug Institute publication CRI 104 (as applicable) (collectively, the “Documentation”). Furthermore, the carpet installation must be in an indoor commercial environment. The warranty shall not apply (i) to installations on substrates that were not prepared and tested, when applicable, as instructed in the Documentation; (ii) to substrates that are not free of silicate penetrating curing compounds and other topical or integral treatments that violate ASTM F710; (iii) to installations over substrates where hydrostatic pressure exists, or moisture readings are higher than specified for the product subject to such limitations; (iv) where the claimant does not have written and photographic documentation of the bond testing conducted prior to the installation, as well as moisture testing if applicable; (v) to installation failures due to outside sources of water; (vi) to installations taken up , such as where outside grade is above substrate, moisture or replaced prior to inspection by authorized Milliken personnel; (vii) to installations with chemically cleaned substrates, where improper cleaning methods have been used, or where adhesive removers have been applied; (viii) to installations using incompatible curing compounds, mold release agents, or non-Portland cement based leveling or patch compounds; (ix) to failure of leveling or patch compounds of any kind; (x) to damage ground water intrusion caused by expansion joints faulty (or lack of) a vapor retarder under the concrete substrate slab per ASTM E1745, sprinklers soaking ground at the building foundation, overflow drains not directed away from the foundation, flooding or other structural areas; (xi) to structural failure, seismic action, discoloration, caustic solutions entering the system topically through joints; natural disasters or (xii) where the adhesive product was allowed to freeze prior to use. In no event shall Milliken be liable for incidental or consequential damages, whether in contract, warranty, negligence, strict liability, or otherwise. The substrate must be visibly dry for both newly poured and existing on and above grade slabs. This warranty does not include responsibility for effects to the applied floor coverings due to exposure to conditions for which they were not designed or for improper installation of the floor covering material, defective floor covering material or problems associated with substrate preparation or imperfections, improper maintenance, differences in color between flooring products and samples or photographs, failure of the flooring to adhere to the substrate due to hydrostatic pressure from the substrate, or inappropriate end-user activities. For the warranty to be valid, the adhesive product should be used only for the purposes stated on the product description and be used within three years of the date of manufacture and be applied in accordance with the product application instructions. Any other products used in conjunction with the adhesive product are required to be certified compatible. Purchaser is required to maintain written and photographic documentation of bond testing and any corrective action required. Any installation problems or claims associated with the use of any type of underlayment product should be directed to the underlayment manufacturer or to those responsible for its application. Warranty periods, whatever the length and wherever referenced in this document, begin at the date of the applicable invoice. Purchaser’s exclusive remedy for any and all losses or damages resulting from a breach of warranty shall be the repair or replacement of the adhesive and, if required, the modular carpet and/or LVT (as the case may be) in the affected area, as determined by Milliken in its sole discretion. The selected remedy shall reflect the previous usage of the carpet or LVT and may take the form of credit toward future purchases. This shall be the purchaser’s sole remedy. If replacement is chosen by Milliken as the appropriate remedy, Milliken will pay the reasonable costs for such replacement. Replacement must be performed by Milliken or a Milliken approved vendor. Xxxxxxxx’x obligation hereunder shall not include payment of any indirect costs or incidental or consequential damages arising from replacement or repair. Purchaser must provide reasonable cooperation to facilitate Xxxxxxxx’x repair or replacement in the affected area. If any modular carpet or LVT is replaced as part of the remedy, the replacement will be made with a current, comparable Milliken carpet or LVT. Warranty coverage is limited to the original purchaser of the adhesive product (which includes anyone purchasing through a dealer) and is not transferable. Milliken requires the original sales receipt or other sufficient documentation, as determined by Milliken, as proof of warranty coverage.weather conditions;