Adore Floors LVP Warranty Information
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SOLE & EXCLUSIVE LIMITED WARRANTY (“Warranty”).
Warranty is provided by the company (“Company”) in connecon with the flooring products manufactured, sold and distributed under various trademarks listed below of Company (“Product”). Warranty is extended only to the original end-users (“Customer”) when Product is purchased through a Company’s authorized reseller (“Reseller”) and is not transferable or assignable. Subject to the limitaons herein, Company warrants that Product, when installed strictly using the Company recommended tools, adhesives, products, underlayments, accessories and procedures, shall perform in accordance with their published speci caons and be free from manufacturing defects under normal and approved use and maintenance for the duraon of applicable warranty period from the date of original installaon, as set forth below, and that Product is free of material and obvious visual defects. Product must be visually inspected before installaon for visual defects and for verifying that actual Product on hand is what is purchased. Wear and tear is not covered under Warranty and, to prevent undesired wear and tear, parcularly in the pivot areas, addional protecon must be provided. All samples viewed by Customer are for reference purposes only and the actual Product may vary in color, gloss, texture or shade. Customer, installers and any user of Product must follow instrucons posed on the Company website, as updated from me to me, at www.adorefloors.com (“Company Website”) for installaon, use and maintenance. If any Product is determined to be defecve and covered under Warranty, Customer’s sole and exclusive remedy shall be, at Company’s sole opon, either
(a) a refund of the original sale price of Product from Company to its first Reseller (“Original Price”) (but not the price paid by Customer to Reseller) minus any administrave, transportaon and handling charges, or
(b) to deliver to Customer, free of charge, sufficient material of same or similar quality to replace the defecve product (“Warranty Remedies”).
WARRANTY VOID.
Warranty shall be void if Product:
(1) is not installed, used or maintained strictly in accordance with the Company Website instrucons;
(2) is installed, used or maintained in disregard of appropriate residenal, light commercial or commercial designaon as set forth in the chart and defini ons below;
(3) is exposed to moisture, alkaline, acids, solvents, surface stains including asphalt, driveway sealers, rubber wheels, rubber and latex mats, extended exposure to direct sunlight, extremes of temperature, chemical reacon, corrosion, cuts, scratches, scrapes, loss of gloss, casters, wheels, heavy rolling loads, li s and/or equipment, non-foot traffic or from any abuse or abnormal use;
(4) is not from the same producon run;
(5) is not purchased or procured through Reseller;
(6) is installed when there exists visible or known defects prior to installaon;
(7) is installed when Product on hand or delivered is not Product purchased; or
(8) is purchased online other than through Company Website, in which case, a different warranty covering online sale of Product will be provided. Further, Warranty shall be void if Customer fails to strictly follow the claims procedure below.
CLAIMS PROCEDURE.
(1) Customer must first bring a claim to the aenon of Reseller of Product (except when the purchase is made directly from Company, in which case, separate claims procedure published on the Company Website must be followed) before filing a claim with Company.
(2) Customer must fully cooperate with Reseller’s invesgaon of a claim.
(3) If any claim with Reseller is not resolved, then Reseller must file such an unresolved claim with Company at Adore Warranty 100 Crossways Pk Dr W, Woodbury, NY 11797 or email as follows: unresolved@adorefloors.com.
(4) Upon receipt of a claim, Company and its representaves must be granted reasonable access to facilies, where Product is used or installed, for inspecon and invesgaon. Customer’s failure to cooperate shall void warranty.
(5) Company, upon inspecon and/or invesgaon, will inform the claimant whether or not any claim is covered and/or to what extent under Warranty.
(6) If any claim is allowed under Warranty, Company will nofy Customer of Warranty Remedies.
LIMITATIONS ON REMEDIES.
Warranty is exclusive and is in lieu of all other warranes, express or implied, including without limitaon any implied warranes of merchantability or fitness for a parcular purpose (including slip resistance, fire resistance or any other safety factors not set forth in Company’s specificaons) and cannot be amended, modified or extended. Warranty does not cover wear and tear. Warranty Remedies are the sole and exclusive remedy provided under Warranty and Company is not liable for incidental or consequenal damages or damages exceeding Warranty Remedies. No recommendaons, endorsements and/or approvals of use of any non-Company products by Company shall cons tute warranty of such products by Company. No defect of any such non-Company products used with Product shall be covered hereunder.
GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL.
New York state laws, without reference to its choice of law provisions, shall govern. At the sole opon of Company, the County Courts of Nassau , New York or Montgomery County, Pennsylvania shall be the proper venue and have the exclusive jurisdicon over any claim. Right to a trial by jury is hereby knowingly, voluntarily and intenonally waived. At the sole opon of Company, any claim may be submi ed to a binding AAA arbitraon or mediaon in either of the counes set forth above. Each party shall be responsible for each party’s expenses including aorney’s fees and costs. Neither party shall be entled to aorney’s fees and costs regardless of the outcome of any claim.
MISCELLANEOUS.
Warranty cons tutes the enre and exclusive understanding and agreement between the pares and supersedes any and all prior or contemporaneous oral or wri en representaons, understandings, agreements or communicaons between the pares concerning the subject maer hereof. Company is not bound by, any terms, condi ons or wri ng on any purchase order or invoice forms, which are contrary to Warranty. If any provision or any poron of the provisions hereof is determined to be invalid or illegal by a court of competent jurisdicon, the remaining terms and condions hereof shall remain enforceable and in full force and effect.
“Residenal”
means use in residenal and/or dwelling units but excludes any use in common areas of mulple residenal and/or dwelling units, in which case, it is considered “Commercial Use.”
“Light Commercial”
means use in non-industrial, non-warehouse, non-common area and non-heavy foot traffic areas such as use in specialty retail, medical/professional offices, hotel guest rooms, break room and conference rooms.
“Commercial”
means use in non-industrial, non-warehouse se ng such as use in hospitals, schools, public buildings, restaurants, and retail stores. Warranty periods for Light Commercial and Commercial uses can be same or different based upon products’ designs, ingredients, manufacturing processes, thickness, applicaons and/or experiences.
*Limited Waterproof Warranty (“LWW”):
In addion to Warranty and any and all limitaons thereof above, Regent’s rigid core is warranted to meet or exceed the thickness swell criteria of “NALFA 3.2 – Heavy commercial rang when exposed to water for the life the product.” Repeated exposure to moisture and/or water accumulaon underneath Product can result in health hazards, structural damages and mold and mildew growth. LWW does not cover any structural, mold and/or mildew damages. LWW is offered only with Regent products and does not apply to any other products of Company.
