ColorShield Lifetime Stain and Color Resistant
Warranty
Exclusive to Durkan
405 Virgil Drive
Dalton, Georgia 30721
800-241-4580
www.durkan.com A division of
The Mohawk Group
W a r r a n t y
This limited warranty applies only to purchasers
of Durkan Carpet, a Division of the Mohawk Group, for indoor commercial installations.
This warranty applies only to those products specifically designated by Mohawk
Industries, Inc. in writing. This warranty applies to indoor commercial installations only. Provided
the designated carpet has been properly installed and maintained in the specified
commercial location in strict accordance with The Mohawk Group’s instructions and procedures and
Owner meets its obligations hereunder, including the use of Durkan’s Durastick Plus
adhesives, The Mohawk Group (subject to the following limitations and remedies) warrants to
Owner the following:
I. Items Under Warranty:
1. PROTECTION AGAINST ANIONIC STAINS - The Mohawk
Group warrants that carpet incorporating ColorShield will resist permanent
stains against all Anionic (Acid Type) Stains, most of which are colorized consumer products that
dye the carpet. This includes such stains
as coffee, fruit punch, wine, tea, soda, food
spills, etc. Passing resistance is measured by test method AATCC 175 and must be 8.0 or better on the
AATCC Red 40 Stain Scale.
2. PROTECTION AGAINST COLOR TRANSFER (WET/DRY)
- The Mohawk Group warrants that carpet incorporating ColorShield will resist
color transfer from wear or abrasion as measured
by AATCC test method 165. Minimum rating of 4.0
must be met compared to AATCC
Color Transference Scale.
3. PROTECTION AGAINST WATER BLEED - The Mohawk
Group warrants that carpet incorporating ColorShield will resist color change or bleeding.
Minimum resistance to water bleed is measured by AATCC Test Method 107. Color change
must rate a 4.0 on the AATCC Grey Scale.
ColorShield Lifetime Stain and Color Resistant
Warranty 2
4. "WATER" STAIN REMOVAL WARRANTY - The Mohawk
Group warrants that spills from substances and categories outlined in the previous
sections of this warranty can be removed
with water.
Note: Non water based
stains such as oils, salad dressings, and other oil based
compounds, if allowed to dry, will require the use of an
approved mild detergent to emulsify (place in liquid form) the oils to prevent leaving an oily residue
that may be colorless, but which may create soiling. This warranty also excludes non-anionic
stains such as mustard and betadine.
II. Limitations - This warranty
does not include:
1. Disfigurement or damage caused by abnormal use
or any damage to the carpet not arising out of defects in the carpet. For example, the
warranty does not cover tears, burns, pulls, cuts, installation on stairs, damage resulting
from improper cleaning agents or methods, or damage in transit.
2. This warranty specifically excludes general
soiling, discoloration, appearance change, due to pile distortion, and exposure to substances or
contaminants which degrade or destroy nylon yarn; and colorants such as bleaches or caustic
cleaning compounds. Also, this warranty specifically excludes carpet which has been
surface treated with materials not recommenced or approved by The Mohawk Group, or which has been
subjected to abnormal use or conditions or to cleaning agents or maintenance methods not
recommended or approved by The Mohawk Group.
3. Abuse by any athletic equipment such as roller
skates, ski boots or golf shoes.
4. Differential fading from light exposure, dye
lot differences and soiling.
5. Any condition that would have been visible upon
inspection prior to installation.
6. Any condition resulting from other than
ordinary wear, or from any use for which the product was not designed.
III. Obligations of Owner:
1. The Owner must submit notice of all claims
under this limited warranty to Mohawk within the installed life of the carpet from the date of
carpet installation. ColorShield Lifetime Stain and Color Resistant
Warranty 3
2. Claims must be submitted in writing and
delivered to:
Durkan
Attention: Claims Department
405 Virgil Drive
Dalton, GA 30721
3. All areas in which carpet is to be replaced
under the terms of this limited warranty must be cleared of all equipment, furnishing, partitions,
and the like that have been installed over the carpet subsequent to the original carpet
installation, at Owner’s expense.
IV. Warranty Remedies:
1. After receipt of proper written notice of
claim, The Mohawk Group will designate a representative to inspect the carpet with the Owner’s
representative and The Mohawk Group will meet all warranty obligations.
2. Subject to any monetary adjustment as may be
agreed upon in writing by The Mohawk Group, and subject to the above warranty
limitations and Owner obligation, The Mohawk Group shall repair or, in its sole discretion,
replace any designated carpet sold by it containing a defect covered by the above ColorShield Limited
Warranty, at no expense to the Owner.
3. The owner must furnish to The Mohawk Group the
original proof of purchase and nonreturnable samples of the carpet for testing, and must permit
a Mohawk Group Representative or agent representing The Mohawk Group, access to the
installed carpet in order to attempt to remove the stain. If, in testing and analysis,
performed by The Mohawk Group, and subject to the other limitations set forth herein, the tested
carpet or the cleaned area is found to have a rating of less than 8.0 under the AATCC 175 for
Evaluation of Change in Color, The Mohawk Group will pay for the attempted removal of the
stain and replace the original carpet in the affected area up to 100 times the size of the
stain, free of charge. At The Mohawk Group’s option, it will refund to the owner the original
purchase price of the carpet in the affected area, up to 100 times the size of the stain. If
the stain is removed using The Mohawk Group’s recommended procedures, all stain removal costs
will be the responsibility of the owner.
4. Any replacement will be made with a comparable
product selected by The Mohawk Group from the then-current Mohawk Group running line.
However, The Mohawk Group’s obligation shall not include the reimbursing of any indirect
costs or incidental or consequential damages, however incurred. By way of example and not
limitation, neither damages arising from the interruption of use of the spaces affected,
nor expenses in removing furniture from the affected area are included in our obligation.
5. The remedies provided in connection with the
ColorShield Lifetime Limited Warranty are
ColorShield Lifetime Stain and Color Resistant
Warranty 4
expressly in lieu of any other remedies provided
under any other express or implied warranty,
INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other
obligation on the part of The Mohawk Group. This limited warranty supersedes any
additional or inconsistent warranty(s) set by dealer, owner, or any third party. In no event
shall The Mohawk Group be liable for any incidental or consequential damages. No modification of this
limited warranty shall be effective unless in writing and signed by a Representative
of The Mohawk Group authorized to do so.
Please Note:
Some States do not allow the exclusion or limitation of incidental
or consequential damages or limitations on how long an implied
warranty lasts. The above limitation or exclusion may not apply to you. You have legal
rights under this warranty. This warranty gives you specific legal rights, and you may also have
other rights which vary from state to state.
Except for these rights, the remedies provided
under this warranty state the limit of Mohawk
Carpet Corporation responsibilities.
V. Mediation / Arbitration:
1. If a dispute arises out of or relates to this
limited warranty, or the breach thereof, and if said
dispute cannot be settled through direct
discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by
mediation administered by the American Arbitration
Association under its Commercial Mediation Rules
in Atlanta, Georgia, before resorting to arbitration. Thereafter, any unresolved
controversy or claim arising out of or relating to this limited warranty, or breach thereof, shall be
settled by arbitration administered by the
American Arbitration Association in Atlanta,
Georgia and in accordance with its Commercial
Arbitration Rules, and judgment upon the Award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
2. Neither party nor the arbitrators may disclose
the existence, content, or results of any arbitration hereunder without the prior written consent of
both parties.
3. Arbitrators shall be appointed as provided in
the American Arbitration Association Commercial
Arbitration Rules.
4. In rendering the award, the arbitrator shall
determine the rights and obligations of the parties
according to the substantive and procedural laws
of Georgia.
