Limited One-Year Residential Installation Warranty
We’d like to start by saying congratulations on the installation of your new floor or wall cladding! We truly hope you are satisfied.
This Limited One-Year Residential Installation Warranty (the "Limited Installation Warranty") provides the terms and conditions of the warranty covering your installation services arranged by R&A Flooring Designs("we," "us," and "our"). Please note that this Limited Installation Warranty relates only to residential installation services and does not apply to any other type of installation. For purposes of this Limited Installation Warranty, a "residential installation" is a Product installation at a single-family home, apartment unit, townhouse, or other place where people live and, notwithstanding the forgoing list, excludes: (a) multi-family housing common areas; (b) any real estate property that is used for business or commercial activities; (c) any location used in whole or in part for business or commercial purposes; and (d) any location where foot traffic exceeds normal, residential foot traffic.
Please also note that this Limited Installation Warranty covers only the installation services provided by a professional independent contractor that is arranged through us, does not apply to services provided by any independent contractors arranged independently by you, and does not provide any warranty regarding the Product that is installed. The Product may have a separate warranty, such as from the manufacturer, and you should consult the terms of that warranty for Product defects or other issues not arising from the Product installation.
- WHO'S COVERED?
This Limited Installation Warranty covers only the original purchaser R&A Flooring Designs installation services ("you"). You may not transfer, assign, or delegate this Limited Installation Warranty.
- WHAT IS THE PERIOD OF COVERAGE?
This Limited Installation Warranty is valid from the earlier of: (a) the time you (or your representative) sign the Installation Completion Form; or (b) from the substantial completion of installation up to one (1) year (the "Warranty Period"). Acceptance of the Product installation by signing the Installation Completion Form acknowledges that you are satisfied with the Product installation at the time of installation, but your signature is not necessary to initiate the period of coverage provided under this Limited Installation Warranty.
- WHAT DOES THIS WARRANTY COVER?
R&A Flooring Designs warrants that the arranged installation services will meet the relevant industry standards for Product installations by contractors in the applicable flooring or wall cladding installation contracting trade and for the type of Product installed. The installation services may be informed by the manufacturer's installation instructions, but these instructions do not replace any industry standards for such Product installations. This Limited Installation Warranty applies only to installation agreements made directly with and paid for in full directly to us.
- WHAT DOES THIS WARRANTY NOT COVER?
This section sets out what is not covered by this Limited Installation Warranty. That means that we will not arrange or provide coverage (whether in the form of the cost of parts and labor, replacement, indemnification, or otherwise) under this Limited Installation Warranty for the following:
- Damage that is covered by any other warranty or service contracts, insurance policies, or Product recalls. Parts and services covered during the Product manufacturer's warranty period are the sole responsibility of the manufacturer.
- Damage arising from unauthorized modifications to the installed Product, including the unauthorized repairs, or any other activity or condition other than the installation arranged by us.
- Damage arising from your failure to perform proper or preventative maintenance, including those items outlined in the Product manufacturer's Installation and Care Guidelines or any other accompanying instructional booklets, owner's manuals, specifications, instructions, or information regarding the Product.
- Damage arising from site conditions, including, without limitation, any post-installation settlement of the structure, high or low moisture levels, heat from fixtures, and out-of-code wiring and piping.
- Damage arising from any misuse or any cause other than normal use and maintenance of the installed Product in accordance with the Product manufacturer's Installation and Care Guidelines or any other accompanying instructional booklets, owner's manuals, specifications, instructions, or information regarding the Product.
- Damage occurring during shipping, storage, or transportation of the Product.
- Damage arising from or occurring during the removal or reinstallation of cabinets, islands, or other features installed on top of or onto Product.
- Installations or installation methods performed at your request against the advice of the professional independent contractor installation provider.
- Lacing or tying into existing installed flooring from another manufacturer.
- Installation of objects or weight-bearing fixtures directly to wall cladding.
- Installation of odd lots, Products sold "as is," Products that do not carry a warranty, or other Products that did not pass our inspection.
- WHAT MUST YOU DO TO MAINTAIN THIS WARRANTY?
To maintain this Limited Installation Warranty during the duration of the warranty, you must:
- Follow the Pre-Installation Requirements. You must ensure that your home environment meets the requirements temperature and relative humidity requirements set forth in the Product manufacturer's Installation and Care Guidelines or any other accompanying instructional booklets, owner's manuals, specifications, instructions, or information regarding the Product. You must also maintain your home environment to the temperature and relative humidity requirements of such guidelines throughout the life of the Product.
- Follow all Product Care Instructions. Care Instructiondcan also be found on the R&A Flooring Designs website.
- Comply with All Applicable Environmental and Building Codes, Regulations and Laws. R&A Flooring Deigns is not responsible to ensure that your property and the Product as installed is compliant with any applicable building codes, regulations, or laws. Compliance with any and all building codes, regulations, or laws is your sole responsibility.
- Inspect and Report All Boards for Visible Defects Prior to Installation. Boards installed with visible defects are not covered under this warranty. Accordingly, before installation, you should examine all boards to ensure they are satisfactory. If any boards are unacceptable due to color, finish, milling or any other reason, it is up to you to determine whether the professional independent contractor installation provider should use them, hide them in areas like closets, trim off the imperfection, or not install them at all. In the event that you object to a board with defects such as visible manufacturing, natural or other defects, you must report this to the professional independent contractor installation provider prior to installation or you waive all claims under this Limited Installation Warranty regarding any such visible defects.
- Promptly Report Claims After Installation. Damages to personal property and dissatisfaction with the installation must be reported within three (3) days of completion of installation and if not timely immediately, are waived.
- WHAT WILL WE DO IN THE EVENT OF A WARRANTY CLAIM?
If any portion of your installation should fail with respect to this Limited Installation Warranty, we will arrange for the repair of the improperly installed portion by a professional independent contractor. Repair or replacement does not renew or extend the duration or terms of this Limited Installation Warranty. Any warranty on the repair we arrange expires at the end of the Warranty Period. The repair or replacement will be performed by the original professional independent contractor installation provider, if possible, and during regular business hours. There is no guarantee that the same or a similar Product to the original Product will be available at the time the repairs are made. You agree to accept a reasonable replacement Product or substitute professional independent contractor installation provider, if either may become necessary (as we determine in our sole discretion). If additional materials are required, you shall be required to incur any and all such costs.
We reserve the right to investigate, assess and validate reported claims by, among other things, requesting samples from you for technical analysis and performing inspections of the flooring and installation location.
We shall have sole discretion whether the remedy will be repair or replacement. Repair and replacement are the sole remedies under this Limited Installation Warranty, provided that, if we determine in our sole discretion that we cannot arrange or provide repair or replacement, we reserve the right to issue you a R&A Flooring Designs credit or check in the amount of the original purchase price paid for the installation.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OF THE PRODUCT OR PROPERTY DAMAGE. FURTHER, UNDER NO CIRCUMSTANCES WILL OUR LIABILITY ARISING OUT OF OR RELATING TO ALL CLAIMS THAT YOU MAKE PURSUANT TO THIS LIMITED INSTALLATION WARRANTY EXCEED THE TOTAL SUM PAID BY YOU FOR THE INSTALLATION SERVICES.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Losses, damages or expenses relating to anything other than the Product itself are not covered. For example, personal damages/costs, such as missed time from work, lost income, housing or hotel stays, moving costs, storage fees, kennel costs for pets, etc., are not covered. Damages or expenses due to the location or site of the installation, including, for example, moisture levels at the location or post-installation settling of the structure, are not covered. Countertops, cabinets, built-in appliances or other fixtures should not be installed onto or on top of your Product and the cost of the removal or replacement of these items is not covered.
- HOW TO FILE A WARRANTY CLAIM.
To file a claim under this Limited Installation Warranty, visit the store where you purchased your Product, email us at Inquiries@Rafloors.com . Claims must be submitted within the Warranty Period and within ninety (90) days of the date that the problem with the Product is first discovered. No warranty claim will be serviced without contacting us through one of the methods listed above and providing accurate and complete information in a timely manner.
- NO JOINT OR CLASS ACTIONS:
Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other customers of R&A Flooring designs with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or individual of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this Limited Installation Warranty. You must use this informal procedure before pursuing any legal remedy in the courts. We and you agree to attempt to resolve any disputes amicably. If, after thirty (30) days we are unable to do so, then you and R&A Flooring Designs each agree that any claim or controversy of any sort relating to our agreement, the installation or the terms of this Limited Installation Warranty shall be determined by arbitration in the nearest U.S. city to the R&A Flooring Designs store where you purchased the Products, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these limited warranty terms. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in the state of the R&A Flooring Designs store where you purchased the products. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. The arbitrator shall only have the authority to resolve individual disputes between you and R&A Flooring Designs. Notwithstanding the foregoing, in addition to our rights set forth above, we may initiate proceedings directly in the appropriate court located in the U.S. city nearest the R&A Flooring Design store where you purchased the Products in connection with any claim to collect amounts due and owing by you.
- NO OTHER TERMS
ADVERTISEMENTS, OR OTHER PROMOTIONAL MATERIAL OR STATEMENTS MADE BY SALES REPRESENTATIVES, OR PROFESSIONAL INDEPENDENT CONTRACTORS ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT BINDING UPON R&A FLOORING DESIGN. NO SALES REPRESENTATIVES, STORE MANAGERS, ACCOUNT REPRESENTATIVES, OR PROFESSIONAL INDEPENDENT CONTRACTOR SHALL HAVE ANY AUTHORITY WHATSOEVER TO ESTABLISH, EXPAND, OR OTHERWISE MODIFY R&A FLOORING DESIGN’S WARRANTIES. THE TERMS OF THIS LIMITED INSTALLATION WARRANTY DOCUMENT MAY NOT BE AMENDED EXCEPT THROUGH A WRITTEN AGREEMENT TITLED "AMENDMENT TO LIMITED INSTALLATION WARRANTY" AND SIGNED BY AN AUTHORIZED OFFICER OF R&A FLOORING, PROVIDED, HOWEVER, THAT R&A FLOORING DESIGN MAY GENERALLY MODIFY, CANCEL, UPDATE, OR OTHERWISE CHANGE ITS PROSPECTIVE WARRANTIES FOR FUTURE SERVICES AT ANY TIME AND FOR ANY REASON.
The terms above represent the sole and exclusive warranty with regard to your installation services. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE VALIDLY DISCLAIMED UNDER APPLICABLE LAW.
- OTHER PROVISIONS
The section headings provided in this Limited Installation Warranty are for convenience and informational reference only and shall not affect the interpretation or construction of this limited warranty.
THE PROVISIONS OF THIS LIMITED INSTALLATION WARRANTY ARE DEEMED TO BE SEVERABLE AND THE INVALIDITY OR UNENFORCEABILITY OF ONE PROVISION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION.
- YOUR RIGHTS
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province. We maintain the exclusive right to alter the obligations and limitations of this warranty.
This warranty does not restrict or limit the right of the professional independent contractor to bring action against you for nonpayment or for any other reason.
This warranty is provided by R&A Flooring Designs LLC, which is located at 563 Blanding Blvd, Orange Park, FL 32073