DURA-TUFF® PLASTIC
FLOORING
5 YEAR LIMITED WARRANTY
Subject to the terms set forth herein, Manufacturer grants a 5-year
limited warranty from the date of purchase for defects in workmanship,
which cause a failure of the flooring system. 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 the
flooring system. This limited warranty is not valid if the flooring
system is used to support swine weighing over 25 pounds per square
foot for nursery/creep area floor, or over 40 pounds per square
foot for sow floor, 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 component of the flooring system,
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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