Exclusive to Durkan Commercial, Mohawk Commercial, Bigelow
Commercial, and Durkan Hospitality.
Exclusive to Durkan Commercial, Mohawk Commercial, Bigelow
Commercial, and Durkan Hospitality.
EcoFlex™ Modular Warranty 2
This limited warranty applies only to
purchasers of DURKAN ECOFLEX™ MODULAR, MOHAWK ECOFLEX™ MODULAR,
BIGELOW ECOFLEX™ MODULAR, AND DURKAN HOSPITALITY ECOFLEX™ MODULAR
carpets by The Mohawk Group carpet for indoor commercial
installations. This warranty applies only to those products
specifically designated by The Mohawk Group in writing.
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:
1. WEAR– The Mohawk Group warrants that the
carpet modules will not wear more than 10% of their surface pile
weight from abrasive wear for the life of the carpet.* By abrasive
wear is meant fiber loss from the carpet module through normal
abrasion, not crushing or flattening of the carpet pile in any
area, nor staining, soiling, fading, or change in carpet module
appearance, nor fiber loss due to abnormal usage of the carpet
module.
2. STATIC PROTECTION– The Mohawk Group
warrants the carpet modules will not give static discharges in
excess of 3.5 KV when tested under AATCC Test Method #134-1979 for
the life of the carpet.
3. EDGE RAVEL– The Mohawk Group warrants
that the carpet will not have continuous ends coming out at
lengthwise seams for the life of the carpet.
4. ZIPPERING– The Mohawk Group warrants
that the carpet modules will not zipper or develop continuous
“pile yarn runners” for the life of the carpet.
5. DELAMINATION– The Mohawk Group warrants
that the carpet will not delaminate for the life of the carpet.
Chair pads are not required for this warranty but are recommended
for maximum appearance retention.
6. IMPERVIOUS TO LIQUIDS – The Mohawk Group
warrants that the carpet modules will not lose their usable
properties for the life of the carpet due to damage from liquids
from normal commercial activities, which include but are not
limited to such occurrences as spills, or Mohawk approved cleaning
methods, etc.
7. DIMENSIONAL STABILITY – The Mohawk Group
warrants that the carpet modules will not lose their dimensional
stability (i.e., shrink, grow, cup, dome) for the life of the
carpet due to normal variations in atmospheric changes
(temperature and/or humidity).
8. CUSHION RESILIENCY–The Mohawk Group
warrants that the carpet modules will maintain their useful
cushion characteristics and resilient properties for the life of
the carpet.
9. SPECIFICATIONS– The Mohawk Group
warrants that the carpet modules conform to specifications
established for the product, subject to normal manufacturing
tolerances.
Exclusive to Durkan Commercial, Mohawk Commercial, Bigelow
Commercial, and Durkan Hospitality.
EcoFlex™ Modular Warranty 3
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 defect
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. Abuse by any athletic equipment such as
roller skates, ski boots, or golf shoes.
3. Differential fading from light exposure,
shading, pile crush, dye lot differences, or soiling.
4. Any condition that would have been
visible upon inspection prior to installation.
5. Any condition resulting from other than
ordinary wear, or from any use for which the product was not
designed.
III. Obligations Of Owner:
1. Owner must submit notice of all claims
under this warranty to The Mohawk Group within the specified
warranty period.
2. Claims must be submitted in writing and
delivered to:
The Mohawk Group
Attention: Claims Dept.
443 Nathaniel Drive
East Dublin, Georgia 31021
3. All areas in which carpet is to be
replaced under the terms of this warranty must be cleared of all
equipment, furnishings, 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 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 obligations, The Mohawk
Group shall repair or, in its sole discretion, replace any carpet
sold by it containing a defect covered by the above MODULAR
warranty, at no expense to 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, or expenses
in removing furniture from the affected area, shall not be
included in its obligation.
4/07
MG012 SLT0001426
EcoFlex™ Modular Warranty 4
4. The remedies provided in connection with
the ECOFLEX™ MODULAR 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
warranty supersedes any additional or inconsistent warranty set by
the 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 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
limits of The Mohawk Group responsibilities.
V. Mediation/Arbitration:
1. If a dispute arises out of or relates to
this 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 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 arbitrator(s) may
disclose the existence, content, or results of any arbitration
hereunder without the prior written consent of both parties.
3. The arbitrator(s) shall be appointed as
provided in the American Arbitration Association
Commercial Arbitration Rules.
4. In rendering the award, the arbitrator(s)
shall determine the rights and obligations of the parties
according to the substantive and procedural laws of the State of
Georgia.
* For the life of the carpet is defined by
The Mohawk Group to be the lifetime of the original carpet for the
particular installation. This warranty is not transferable.