THE FLOORMUFFLER HIGH PERFORMANCE ADHESIVE WARRANTY
LIMITED WARRANTY STATEMENT OF WARRANTY Rev 9/07/06
STATEMENT OF WARRANTY
Diversified Industries (DI), Warrantor, warrants to its immediate purchaser for resale, the Customer, HPA series flooring adhesives, the Product, (specifically; HPA.) to be free from defects in material and workmanship for a period equal to the wood flooring manufacturer’s product warranty provided the installation has been performed according to the specific recommendations and the Instructions furnished for the Product by DI and the wood flooring manufacturer’s installation instructions. (The Instructions are the Product label and specification sheet) These Products are warranted for the installation of engineered plank, strip and parquet wood flooring specified for “glue-down” installations provided the wood flooring is installed according to the Product’s Instructions and the wood flooring manufacturer’s instructions. The sole responsibility of the Warrantor under this warranty shall be to reimburse the Customer for reasonable costs of labor and materials to either repair or replace, at the Warrantor’s option, the affected area(s) of the installed wood flooring. All areas in which the flooring is to be repaired/replaced under the terms of this warranty must be cleared at the end-user’s expense of all equipment, furnishings, partitions, and the like, that may have been installed over the floor-covering subsequent to the original installation.
PERFORMANCE OF WARRANTY
If a claim is suspected, the original purchaser, the Customer, must contact DFP at:
- Diversified Industries, Inc., 121 High Hill Road, Swedesboro, NJ 08085
- Technical Service Department, Telephone 1-856-662-1981.
- Name of contractor/address/telephone number
- Jobsite name/address/local contact
- Date of installation
- Dated proof of purchase of Product(s)
- Product’s batch number from original purchase
- Copy of wood flooring manufacturer’s warranty
- Detailed description of complaint
Warrantor. The Warrantor may analyze these samples for the claimed defect. The Warrantor may request
additional information and/or inspect the installation. Warrantor will request that the Customer provide a
minimum of two written estimates from professional installation contractors regarding the costs of repairs.
Warrantor will authorize in writing the Customer to proceed with the repair work by the Warrantor’s
selected contractor. All repairs must be approved in writing prior to any repairs taking place. Warrantor
reserves the right to qualify acceptable contractors and refuse any estimate. Warrantor reserves the right to
recover costs, including but not limited to labor and travel, associated with investigating claims shown not
to be valid.
EXCLUSIONS/LIMITATIONS
This warranty does not apply if (1) the wood flooring is found to be manufacturing seconds or trials; (2) the sub floor is found unsuitable by normal and prudent installation practices; (3) the Product is not used according to the Instructions; (4) the installation is not performed following the wood flooring manufacturer’s recommendations and written instructions; (5) damage is the result of acts of nature, flooding, vandalism, damage by animals, damage by plant life, or chemical damage; (6) failure is due to excessive moisture emission in the substrate, greater than 3lbs./1000sf/24 hrs., or excessive moisture exposure to the adhesive or wood. (Moisture emissions should be determined by using a calcium chloride test); (7) problems develop due to defects in the wood flooring; (8) problems develop due to misuse or abuse of the wood flooring or adhesive; (9) the Product used is not recommended for the specific use by the Warrantor; (10) damage is the result of settlement, movement, deflection, warpage, distortion, displacement, or any other failure of the structure.
This warranty replaced and excluded other warranties, express or implied. Warrantor specifically disclaims any other warranties, written or verbal, including warranties of merchantability and fitness for a particular purpose. It is solely the responsibility of the third parties such as contractors or the consumer to test and determine the suitability of the Product for the intended use and purpose. Warrantor is and shall not be responsible for determining the compatibility between the Product and vinyl sub floors beyond what is stated in the Instructions. The Warrantor does not assume any risk or any liability regarding such suitability.
The replacement/repair remedy stated in this warranty is the exclusive remedy available to the Customer or any other party. Warrantor will not be liable for any incidental, consequential, or other damages of any kind arising out of or connected to the application, or to any use or misuse of the Product, whether any claim is based upon legal theories of contract, tort, or negligence.
This limited warranty will become null and void upon notice from Warrantor if (1) the Customer does not provide the Warrantor written notice within ninety (90) days of the discovery of any alleged deficiency; (2) Warrantor is denied a reasonable opportunity to review and investigate an alleged deficiency; (3) at time of notice Warrantor is due in part or in whole charges for the Product covered under this warranty. This warranty is made to the Customer only and is nontransferable. No one other than an officer of DFP is authorized to make any revisions or additions as to the liability of the Warrantor under the terms and conditions of this warranty.
To the extent permitted by law, this Warranty is exclusive as between Warrantor and Customer and specifically excludes and supersedes any and all other warranties, either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Warrantor’s liability, whether in tort or in contract, is limited solely and exclusively to the obligation as specifically undertaken herein, except to the precluded by law, and Warrantor’s obligations hereunder shall not include any liability for incidental and/or consequential damages, whether based upon theories of tort or contract.
The terms, conditions and obligations created by this Warranty shall be governed by the laws of the state of New Jersey and any claims arising from this Warranty shall be controlled by New Jersey law and shall be brought in the Superior Court of Camden County, New Jersey, said Court being the exclusive and sole jurisdiction and venue to hear any such claim or claims
