Limited Warranty for strand woven bamboo with HDF-core click-system bamboo flooring
(Residential Use only)
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.
(A) Ten- year 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 first ten years of the product for original purchaser (" Structural Warranty Period").
(B) Five-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 Five (5) 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 Hardwoods website, by calling or faxing the numbers below, and/or by sending an email request to firstname.lastname@example.org. 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. The Installation of any Flooring with visible defects.
This Warranty only extends to the buyer or to the owner of the first structure in which the flooring is installed.
There is no indicated or implied warranty for gapping for Higuera Hardwoods strand woven bamboo with HDF-core click-system bamboo flooring.
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 LIMITED WARRANTY FOR STRAND WOVEN BAMBOO WITH HDF-CORE AND CLICK SYSTEM BAMBOO FLOORING (Residential Use only). 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 have other rights, which vary from State to State.
Higuera Hardwoods LLC
26273 Twelve Trees Lane Suite D/ PO Box 2067
Poulsbo, Wash 98370