This limited warranty applies only to purchasers
of The Mohawk Group carpet for indoor commercial installations. This warranty applies
only to those products specifically designated by the Mohawk Industries, Inc. in
writing. This warranty applies to indoor commercial installations only.
The use of Mohawk branded adhesives are required
to ensure optimum results and are the only approved adhesives that Mohawk Industries
will warrant. Failure to use Mohawk branded adhesives will result in warranties being
null and void.
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 The Mohawk
Group’s adhesives, The Mohawk Group (subject to
the following limitations and remedies) warrants to Owner the following:
I. Items Under Warranty: Colorstrand SDN
1.
Wear –
Mohawk warrants that the carpet will not wear more than 10% of its
surface pile weight from abrasive wear for the life of the
carpet. By abrasive wear is meant fiber loss from the carpet through normal abrasion, not
crushing or flattening of the carpet pile in any area, nor staining, soiling, fading or change in
carpet appearance, nor fiber loss due to abnormal usage of the carpet.
2.
Static Protection –
The Mohawk Group warrants that the carpet will not give static discharges in excess of 3.5 KV when tested under
AATCC Test Method 134, for the life of the carpet.
3.
Colorfastness to Light –
The Mohawk Group warrants that the carpet made from the designated solution dyed nylon fibers will not
change color due to sunlight exposure to exceed the equivalent of 4.0 on the gray scale for
color change as measured in accordance with AATCC Method 16E for the Life of the Carpet.
4.
Colorfastness to Atmospheric Contaminants –
The Mohawk Group warrants the carpet, which are 100% Solution dyed yarns, will not
change color due to atmospheric contaminants Ozone and Nitrous Oxides as measured
by AATCC 164 and AATCC 129. This
Limited warranty is for a period of 10 years.
5.
Sentry Plus Stain Warranty –
The Mohawk Group Warrants that all designated carpets made from 100% solution dyed Colorstrand SDN carry
the Sentry Plus Stain Warranty for a period of 10 years. Refer to the Sentry Plus
Limited Warranty for details.
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 or the color of the carpet. 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. Exclusive to Karastan Contract, Durkan Commercial,
Mohawk Commercial,
Bigelow Commercial and Durkan Hospitality.
Exclusive to Karastan Contract, Durkan Commercial,
Mohawk Commercial,
Bigelow Commercial and Durkan Hospitality.
Colorstrand SDN
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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.
2. Claims must be submitted in writing and
delivered to:
Mohawk Commercial Carpet
Attention: Commercial Operations
443 Nathaniel Drive
East Dublin, GA 31021
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 Sentry Plus Limited
Warranty, at no expense to the Owner.
3. 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, damages arising from the interruption of use of the spaces
affected, nor expenses in removing furniture from the affected area be included in
our obligation.
4. The remedies provided in connection with the
Sentry Plus Limited Warranty are 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 warranties state the limit of
Mohawk Carpet Corporation responsibilities.
Colorstrand SDN
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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.