Limited
Warranty for bamboo flooring (Residential Use only) - Bamboo Flooring
This warranty applies only to Higuera Hardwoods LLC bamboo flooring
which is to be installed in residential buildings. Higuera Hardwoods
LLC was formed to provide the finest Bamboo flooring in the market.
Higuera Hardwoods LLC is committed to providing the highest quality,
the most durable products available. Our exclusive source in china has
the finest German production technologies available for producing and
finishing our products and this allows us to provide one of the finest
warranties for all of our products, and of course are always subject
to a few common sense exclusions which are specified below:
For flooring used in
residential applications, Higuera Hardwoods LLC makes the following
Structural Warranty. For flooring that is provided in a pre-finished
form, we also make the following Finish Warranty.
LIMITED Warranties
(A) Lifetime Structural
Warranty.
Higuera Hardwoods LLC
warrants that the residential flooring sold under this Warranty (the
"Flooring") is, at the time of sale, free from defects in
material and manufacture and that it conforms to Higuera Hardwoods LLC
specifications for the flooring model. Higuera Hardwoods LLC further
warrants that when only when professionally installed according to Higuera
Hardwoods LLC specifications and industry standards and also only when
maintained to the Higuera Hardwoods LLC instructions and used for its
intended purpose, the Flooring will not delaminate, separate, buckle
or cup as a result of a manufacturing defect for the life of the product
for original purchaser (the " Structural Warranty Period").
(B)Twenty Year Finish
Warranty.
Higuera Hardwoods LLC
also warrants that the factory-installed finish on the Flooring is,
at the time of sale only, will be free from defects in material and
manufacture and that it also conforms to Higuera Hardwoods LLC high
standards and specifications for the factory applied finish. Higuera
Hardwoods LLC will also further warrant that when the Bamboo flooring
is maintained according to all the Higuera Hardwoods LLC instructions
and used for its intended normal residential purpose, the finish will
not wear through or separate from the Flooring as a result of a manufacturing
defect for twenty (20) years from the date of sale (the "Finish
Warranty Period"). This warranty will not cover scratches, reduction
in the shine of the finish, or damage to the finish caused by problems
to the underlying Flooring.
The Higuera Hardwoods
LLC installation guide and maintenance instructions must always be followed
as a condition for these Warranties to be in force. You may obtain these
instructions from your retailer or from Higuera hardwoods LLC or by
printing them from the Higuera Imports website, by calling or faxing
the numbers below, and/or by sending an email request to contact@higuerahardwoods.com. This Warranty will not cover
any damage or defects resulting from or in any way attributable to:
1. Improper storage,
handling or installation of the Flooring (including improper construction
installation of joists and sub flooring and/or improper surface preparation);
2. Abuse, lack of maintenance, neglect, abnormal use or misuse, negligence,
application of solvents, animal/pet damage to the finish or construction,
corrosives or other chemicals to the Flooring, color change, fading
or damage due to exposure to the sun, excessive pivot and point-loads,
spike-heeled shoes, unpadded furniture feet, water, damage from sand,
pebbles or other abrasives or other unintended uses; 3. Insect infestation
after shipment from the point of origin; 4. Stains and finishes; 5.
Improper alterations of original manufactured product; 6. Moisture/dampness
problems (including sub floor moisture, leaks, rain, wet mopping, etc.)
or excessive dryness or heat; 7. Settlement or movement of the structure
to which the Flooring is attached; 8. Natural events such as hurricanes,
tornadoes, earthquakes, and floods; or 9. Variations in color, grain
and markings that exist in the Flooring when new (such variation in
bamboo is a natural occurrence, so that Flooring may not match display
samples) or that develop over time because of varying exposure to sunlight
or UV light; or 10. Installation over radiant floor heating with a surface
temperature in excess of 80°F; or 11. The Installation of any Flooring
with visible defects.
This Warranty will
only extends to the buyer or to the owner of the first structure in
which the Flooring is installed
Higuera Hardwoods reserves
the right to hire an independent, third-party inspector to evaluate
the claim. If the inspector determines that the cause of floor failure
is not a manufacturing defect, then the consumer shall pay the cost
of the inspection. If, on the other hand, the inspector determines that
the cause of floor failure is a manufacturing defect, Higuera shall
pay the cost of the inspection.
Disclaimer of Implied
Warranties
THE ABOVE WARRANTIES
ARE THE EXCLUSIVE AND SOLE WARRANTIES GIVEN BY HIGUERA HARDWOODS LLC
FOR THE BAMBOO FLOORING. THEY SUPERSEDE ANY PRIOR, CONTRARY OR ADDITIONAL
REPRESENTATIONS, WHETHER ORAL OR WRITTEN. ANY IMPLIED WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIODS FOR THE CORRESPONDING
EXPRESS WARRANTIES, ABOVE.
Some states/or districts do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you.
What Higuera Hardwoods
LLC will provide if the Flooring is Non-Conforming.
If during the applicable Warranty Period, the Flooring does not conform
to the preceding Warranties, the owner of the flooring shall notify
Higuera hardwoods LLC as provided below, and within a reasonable time
Higuera Hardwoods LLC will provide, at its option, one or more of the
options listed below:
(1) Repair of any nonconforming or defective Flooring (for defects in
finish, this means refinishing or replacing the affected planks only).
(2) provision of non conforming planks to be replaced with conforming
or suitable planks (colors may vary), including a reasonable allowance
for associated costs of removal, but this allowance shall be included
only during the first six (6) months of use and it does not include
the cost of removal of fixtures/furniture/objects installed on the flooring
or any other issues which may arise to remove the flooring.
(3) Refund of the purchase price only for any nonconforming planks that
have not been installed, or refund for the percentage of the purchase
price for the non-conforming planks equal to the percentage of the Warranty
Period remaining when Higuera Hardwoods LLC is notified of the nonconformity.
This is the sole discretion of Higuera Hardwoods LLC
THESE REMEDIES SHALL
BE THE EXCLUSIVE AND SOLE REMEDIES FOR ANY BREACH OF WARRANTY.
If the Flooring does
not conform to the Warranty, the owner of the Flooring must inform Higuera
Hardwoods LLC in writing at the address below within thirty (30) days
after discovering the nonconformity. The notice must describe the location
and nature of the nonconformity, preferable with a dated picture included
clearly showing the non-conformity. The client must also give Higuera
Hardwoods LLC a reasonable opportunity to examine the claimed non-conformity
before undertaking any repairs, removal or replacement. The owner must
present the original invoice, bill or other proof of the date of purchase.
Compliance with the requirements of this paragraph is a condition to
coverage under the Warranty: if these requirements are not complied
with, Higuera Hardwoods LLC will have no obligation to remedy any non-conformity.
Exclusion of Incidental
and Consequential Damages.
IN NO EVENT SHALL HIGUERA
HARDWOODS LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, WHETHER RESULTING FROM NON DELIVERY OR FROM THE USE, MISUSE
OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM
HIGUERA HARDWOODS LLC OWN NEGLIGENCE.
Some states/ or districts do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation may not
apply to you.
This warranty gives you specific legal rights, and you may also have
other rights which vary from State to State.
Higuera Hardwoods LLC
26273 Twelve Trees Lane Suite D/ PO Box 2067
Poulsbo, Wash 98370
Phone 360-779-4050
Fax 360-779-4057
E-mail: contact@higuerahardwoods.com
