THE FLOORMUFFLER: LIMITED LIFETIME WARRANTY
FLOATING FLOOR SYSTEMS
Revision dated 02.11.08
Diversified Industries, Inc. warrants The FloorMuffler® underlayment free from defects in manufacturing, materials, and workmanship in manufacture for as long as the Purchaser of The FloorMuffler® underlayment owns the premises at which it has been installed (the Limited Warranty Period). In addition, Diversified Industries, Inc. also warrants the FloorMuffler® underlayment against material breakdown, deterioration, or disintegrating when installed under a floating floor system, for the duration of the Limited Warranty Period. This warranty is non-transferable.
The floor must be rigid and structurally sound. The deflection cannot exceed L/360 of the span under intended live and dead loads. Notification of failure must be within 30 days. Diversified Industries, Inc. reserves the right to inspect installation. Diversified Industries, Inc. will replace all damaged areas of primary flooring that are proven to result from failure of our underlayment to remain resilient and functional. Replacement is limited to that of the FloorMuffler® underlayment sheeting, reasonable cost of the damaged flooring, and reasonable labor costs.
Diversified Industries, Inc. will not assume liability form damage or failure of primary and secondary flooring caused by any type of surface liquid spills, accidental human and pet spills of any type that may cause harm to the primary and secondary flooring products, broken pipes, hoses, rain water, etc., improper installation and installation supplies, defects caused by damage in transit or while in the possession of the purchaser due to abuse or misuse.
Satisfactory results depend not only on quality products, but also upon factors beyond our control. Therefore, this warranty only applies to the membrane itself and not to the manner of installation over which we have no control.
This warranty applies regardless of the brand of laminate or floating wood floor used with The FloorMuffler® underlayment. Should any manufacturer of a laminate or floating wood floor fail to honor its warranty due to the installation of The FloorMuffler underlayment rather than its own underlayment, Diversified Foam Products, Inc. will honor the manufacturer’s warranty in the event of damage to its laminate or wood floor caused directly by a failure of The FloorMuffler® to conform to this warranty.
TO THE EXTENT PERMITTED BY LAW, THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE, AND IN LIEU OF AND EXCLUDING ALL OTHER WARRANTIES OF DIVERSIFIED FOAM PRODUCTS, INC., ITS AGENTS OR EMPLOYEES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIVERSIFIED FOAM PRODUCTS, INC.’S LIABILITY TO DISTRIBUTOR AND ALL PURCHASERS OF PRODUCTS IS LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY SET FORTH HEREIN, EXCEPT TO THE EXTENT SPECIFICALLY PRECLUDED BY APPLICABLE LAW, AND DOES NOT INCLUDE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
