LAMINATE, ENGINEERED AND FLOATING HARDWOOD FLOORING UNDERLAYMENT
LIMITED LIFETIME WARRANTY
Effective as of March 01, 2007
Midwest Padding L.L.C. ("Manufacturer") warrants that its Quiet Walk underlayment for laminate flooring, engineered wood flooring and floating hardwood floor ("Product") is free from defects in manufacturing, materials and workmanship for the life of the original purchaser (the "Limited Warranty Period"). Manufacturer further warrants that the Product will absorb and allow dispersion throughout the Product of water moisture caused by normal spills, leaks, sweating, and other normal environmental conditions, excluding water moisture or water accumulations caused by flood, fire, natural disaster, owner negligence or neglect, frozen or broken pipes, or similar events which result in damage or are subject to insurance coverage. Provided, however, that such warranty shall not cover water accumulations that: 1) exceed one (1) gallon per a twenty-four hour period per three hundred (300) square feet of Product; or, 2) are allowed to continue or accumulate for more than 7 consecutive days. This limited warranty is extended to the original purchaser of the Product (the "Owner") and covers only damage to laminate flooring, engineered wood floors, and floating hardwood flooring (subject to the exclusion and limitations provided on the reverse side.) This warranty is not transferable during the Limited Warranty Period.
IN THE EVENT OF A DEFECT, MALFUNCTION OR OTHER FAILURE OF THE PRODUCT (NOT OTHERWISE EXCLUDED BELOW). THE MANUFACTURER WILL REMEDY THE DEFECT OR FAILURE WITHOUT CHARGE TO THE CONSUMER PROVIDED NOTICE OF THE WARRANTY CLAIM IN THE MANNER PROVIDED BELOW IS RECEIVED BY MANUFACTURER WITHIN THE LIMITED WARRANTY PERIOD. THE REMEDY FOR ANY SUCH DEFECT, FAILURE OR MALFUNCTION IS LIMITED, AT MANUFACTURERS OPTION, TO THE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE OF THE PRODUCT. THE REPAIR OR REPLACEMENT OPTIONS INCLUDE THE REPLACEMENT COST OF THE PRODUCT AND REASONABLE LABOR COSTS TO PERFORM THE REPLACEMENT OR REPAIR, AS WELL AS REASONABLE MATERIAL COSTS TO REPLACE OR REPAIR ANY LAMINATE FLOORING, ENGINEERED WOOD FLOORING OR FLOATING HARDWOOD FLOORING THAT IS DAMAGED BY THE PRODUCT OR DURING REASONABLE EFFORTS TO REPAIR OR REPLACE THE PRODUCT.
IF MANUFACTURER ELECTS THE REMEDY OF REPAIR AND AFTER A REASONABLE NUMBER OR ATTEMPTS BY MANUFACTURER TO REPAIR THE DEFECT, MALFUNCTION OR OTHER FAILURE, THIS ELECTED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE OWNER IS ENTITLED TO ELECT EITHER A REFUND OF THE ORIGINAL PURCHASE PRICE OF THE PRODUCT OR THE REPLACEMENT OF THE PRODUCT WITH A PRODUCT OF LIKE GRADE AND QUALITY.
THIS LIMITED WARRANTY IS FURTHER SUBJECT TO THE CONDITIONS, LIMITATIONS AND EXCLUSIONS PROVIDED BELOW.
CONDITIONS/EXCLUSIONS TO THE LIMITED WARRANTY
THIS LIMITED LIFETIME WARRANTY IS FURTHER MADE SUBJECT TO THE FOLLOWING CONDITIONS AND EXCLUSIONS, PLEASE READ THE FOLLOWING CAREFULLY:
1. Required Installation. To be covered by this Limited Warranty, the Product must be installed indoors in a residential application following the Manufacturer's recommended installation instructions.
2. Damage Coverage. This warranty only covers damage caused to laminate flooring, engineered wood flooring and floating hardwood flooring from moderate amounts of moisture (as described in the first paragraph of this warranty) that penetrate around the perimeter of the floor, or from moisture from concrete floors.
3. Limitation on Causes of Defects Covered Under Warranty. This limited warranty covers only defects in manufacturing materials or workmanship and does not cover defects, malfunctions or failures resulting from any other cause including, without limitation: (i) improper or inadequate installation; (ii) defects caused by fire, flood, tornado, hurricane, acts of God, extraordinary environmental conditions, riot or other civil insurrections, or acts of war or conflict; (iii) defects caused by abusive conditions or accidents, such as but not limited to cutting or severed impact; (iv) installation or use of the product in any manner not recommended by the Manufacturer; and (v) defects caused by improper or inadequate maintenance, cleaning, use or care of any laminate flooring, engineered wood flooring or floating hardwood flooring installed over the Product including without limitation the use of improper or unrecommended cleaning solutions or cleaning practices.
4. Required Procedures to Submit a Warranty Claim. In order to obtain performance of any warranty obligation, the Owner must do the following:
Contact the Manufacturer at the toll free number listed below or by mail at the address listed below, and request a claim form. Complete and return the claim form to the Manufacturer within the Limited Warranty Period. The phone number and address to contact the Manufacturer for these purposes is as follows:
Midwest Padding, L.L.C.
Attention: Quiet Walk Warranty Claim Department
2500 Old Hadar Road
P.O. Box 2283
Norfolk, Nebraska USA 68702-2283
Phone: (888) 379-9695
Fax: (402) 379-9737
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE IN THE UNITED STATES OF AMERICA.
UNDER NO CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE TO THE OWNER, OR ANY OTHER PRESON FOR ANY CONSEQUENTIAL, INCIDENTAL, ECONOMIC, DIRECT, INDIRECT, GENERAL OR SPECIAL DAMAGES ARISING OUT ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, UNDER THIS CONTRACT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.