Karastan Contract, Durkan Commercial, Mohawk Commercial, and
Bigelow Commercial.
Ten Year Stain Warranty 2
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 Group in writing. This warranty is void if the carpet is
installed for residential use.
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. Limited Stain Warranty:
1. The Mohawk Group warrants that, for 10 years from the date
of first installation, the designated carpet when installed and
maintained as recommended by The Mohawk Group will resist
permanent stains caused by spills of all conventional acid based
substances, subject to the Limitations set forth in Section II.
2. This is not a cleaning contract. In order to make a claim
under this warranty, the owner must have attempted to remove the
stain within three (3) working days after occurrence of the spill,
using only those cleaning agents and procedures recommended by The
Mohawk Group, and must notify The Mohawk Group immediately if
stain removal is not successful.
For approved cleaning agents and removal procedures,
maintenance recommendations and other information, refer to The
Mohawk Group’s Commercial Carpet Care Manual.
3. In addition, the owner must furnish to The Mohawk Group the
original proof of purchase and non-returnable 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 4 under the AATCC Gray Scale for Evaluation
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. No charges for floor preparation or for movement or
replacement of equipment, furnishings, partitions, etc., will be
allowed. 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. This Warranty applies only to products whose dye method is
Solution Dyed. Only those designated products that contain 100%
solution dyed yarns qualify.
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
Exclusive to Karastan Contract, Durkan
Commercial, Mohawk Commercial, and Bigelow Commercial.
Exclusive to Karastan Contract, Durkan
Commercial, Mohawk Commercial, and Bigelow Commercial.
Ten Year Stain Warranty 3
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.
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:
The Mohawk Group
Attention: Claims Department
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 10 Year Stain
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 10 Year Stain
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.
4/07
MG010 SLT0001419
Ten Year Stain Warranty 4
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 The
Mohawk Group 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.