Limited Warranty for six foot Unfinished engineered Bamboo Flooring (Residential Use Only)
This warranty applies only to Higuera Hardwoods LLC six foot Unfinished engineered bamboo flooring installed in residential buildings. Higuera Hardwoods LLC was formed to provide the finest bamboo flooring on the market. Our exclusive source in China uses the finest German production technologies available for producing and finishing our products, which allows us to provide one of the finest warranties available for all of our products. This warranty is subject to a few exclusions that are specified below:
For flooring used in residential applications, Higuera Hardwoods LLC makes the following Structural Warranty. For flooring that is provided in Unfinished form.
(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 conforms to Higuera Hardwoods LLC specifications for the flooring model. Higuera Hardwoods LLC further warrants that, when professionally installed according to Higuera Hardwoods LLC specifications and industry standards, maintained to the Higuera Hardwoods LLC instructions for care and maintenance 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 the original purchaser (the " Structural Warranty Period").
The Higuera Hardwoods LLC Installation Guideand Maintenance Instructionsmust be followed for these warranties to be in force. You may obtain these instructions from your retailer, from Higuera Hardwoods LLC, by printing them from the Higuera Hardwoods website, by calling or faxing the numbers below and/or by sending an email request to email@example.com
This warranty will not cover any damage or defects resulting from or in any way attributable to:
- Improper storage, handling or installation of the flooring (including improper construction installation of joists and sub flooring and/or improper surface preparation)
- Abuse, lack of maintenance, neglect, abnormal use or misuse, negligence, application of solvents, corrosives or other chemicals to the flooring, animal/pet damage to the finish or construction, 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
- Insect infestation after shipment from the point of origin
- Stains and finishes
- Improper alterations of original manufactured product
- Moisture/dampness problems (including sub floor moisture, leaks, rain, wet mopping, etc.) or excessive dryness or heat
- Settlement or movement of the structure to which the flooring is attached
- Natural events such as hurricanes, tornadoes, earthquakes, and floods
- 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
- Installation over radiant floor heating with a surface temperature in excess of 80°F
- The installation of any flooring with visible defects.
This warranty extends only to the buyer or 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 AND 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 nonconforming:
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:
- Provision for the replacement of nonconforming planks with conforming or suitable planks (colors may vary), including a reasonable allowance for the associated costs of removal. This allowance shall be included only during the first six (6) months of use and does not include the cost of removing fixtures/furniture/objects installed on the flooring and other costs associated with issues that may arise while removing the flooring.
- Refund of the purchase price 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, preferably with a dated picture included that clearly shows the nonconformity. 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 nonconformity.
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 NONDELIVERY, FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, 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, but you may have other rights that vary from state to state.
Higuera Hardwoods LLC
26273 Twelve Trees Lane Suite D/ PO Box 2067
Poulsbo, Wash 98370