EcoFlex Warranty

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.

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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(ies) 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.