STATEMENT OF WARRANTY
AAT, Warrantor, warrants to its immediate purchaser for resale, the Customer, the Product, to be free from defects in material and workmanship for one year from the date of purchase provided the installation has been performed according to the specific recommendations and the Instructions furnished for the Product by AAT and the flooring manufacturer’s installation instructions. (The Instructions are the Product label and specification sheet, and also AAT’s Specification Guide and Adhesive Guide.) The Product is warranted provided the flooring was installed according to the Product’s Instructions and the 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 flooring. All areas in which the floorcovering 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, should contact AAT at:
Advanced Adhesive Technology, P.O. Box 1887, Dalton, GA 30722-1887,
Technical Service Department, Telephone 1800 228 4583 or 706 226 0610.
The Customer must provide the following information in writing to the Warrantor:
Name of contractor/address/telephone number
Jobsite name/address/local contact
Date of installation
Dated proof of purchase of Product
Product’s batch number from original purchase
Copy of flooring manufacturer’s warranty
Detailed description of complaint
The Customer must be prepared to provide samples of the flooring and adhesive if requested by the Warrantor. The Warrantor may analyze these samples for the claimed defect. The Warrantor may request additional information and/or inspect the installation. Warrantor may 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 of any claim. 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 flooring is manufacturing seconds or trials; (2) the subfloor is found unsuitable by normal and prudent installation practices; (3) the Product is not used according to the Instructions; (4) the installation is not done following the 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 in the substrate or excessive moisture exposure to the adhesive or flooring. (7) problems develop due to defects in the flooring; (8) problems develop due to misuse or abuse of the 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 not responsible for determining the compatibility between the Product and subfloors 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 AAT 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 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 Georgia and any claims arising from this Warranty shall be controlled by Georgia law and shall be brought in the Superior Court of Whitfield County, Georgia, said Court being the exclusive and sole jurisdiction and venue to hear any such claim or claims.
April 6, 2015
