DURA-TUFF®
PLASTIC FLOORING
5 YEAR LIMITED WARRANTY
Manufacturer
grants a 5-year limited warranty from the date of purchase for defects
in workmanship, which cause a failure of the flooring subject to
the terms set forth herein. This limited warranty depends strictly
on installation (purchaser must request installation instructions
if not received) being properly carried out in accordance with instructions
from the Manufacturer and only applies to flooring. This limited
warranty is not valid if the flooring is used to support swine weighing
over 25 pounds per square foot or if slats are not adequately supported
or in any instance where damage or failure has occurred as a result
of assembly, attachment, or modification. (If purchaser has any
questions with regard to installation, support, assembly, attachment,
or modification, purchaser should request and receive written instructions
from Manufacturer to prevent this warranty from being invalidated.)
Manufacturer is not responsible for loss or damage, which occurs
for any reason beyond its control, including fire, acts of God,
misuse or abuse. Purchaser’s remedy hereunder is limited to the
replacement of any defective flooring, and any cost (including freight)
with respect to the removal/disposal of any defective part or the
installation of any replacement component shall be borne by the
purchaser. Manufacturer shall not be liable for consequential or
incidental damages which might arise as a result of the failure
of any flooring part to comply with this limited warranty or otherwise.
THERE ARE NO EXPRESS WARRANTIES (EXCEPT THOSE CONTAINED HEREIN)
AND NO IMPLIED WARRANTIES WITH RESPECT TO THE FLOORING, AND MANUFACTURER
DOES NOT WARRANT THE MERCHANTIBILITY (EXPRESS OR IMPLIED) OF THE
FLOORING NOR ITS FITNESS FOR A PARTICULAR USE OR PURPOSE AND THERE
ARE NO IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING OR
USAGE OF TRADE. IF MANUFACTURER FURNISHED PURCHASER WITH SAMPLES
FOR EXAMINATION, PURCHASER SHALL BE DEEMED TO HAVE RELIED ON ITS
EXAMINATION THEREOF. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
THE DESCRIPTION ON THE FACE HEREOF AND PURCHASER AGREES THAT THE
ONLY REPRESENTATIONS OR WARRANTIES WHICH HAVE FORMED THE BASIS OF
PURCHASER’S BARGAIN ARE THOSE EXPRESSLY SET FORTH HEREIN. This warranty
is available only to the original purchaser and end user. There
shall be no third party beneficiaries hereof and this warranty cannot
be assigned. To make a warranty claim the purchaser must notify
manufacturer in writing at its head office in Dallas, Texas, within
ten (10) days of its discovery of any defect or problem, and return
the flooring parts to the corporate office at purchaser’s expense.
Manufacturer shall have a reasonable time to evaluate, investigate
and process the claim, and manufacturer’s decision as to the applicability
of this warranty to the claim shall be binding on purchaser. The
terms of this warranty are exclusive and may not be altered or changed,
and no variation from its terms will be binding unless contained
in a writing signed by an officer of Manufacturer.
Manufacturer may also have issued “TERMS AND CONDITIONS OF SALE”
to the purchaser in connection with the flooring purchase. To the
extent that the terms of this limited warranty differ from the “TERMS
AND CONDITIONS OF SALE”, the terms of this limited warranty shall
control.
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