floorMuffler 0264070 100 sq. ft. 35 Inch x 34.29 ft. x 1 mm Premium Underlayment for Luxury Vinyl Floors User Manual

: June 3, 2024
: floorMuffler

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floorMuffler 0264070 100 sq. ft. 35 Inch x 34.29 ft. x 1 mm Premium
Limited Lifetime Warranty for Floating Floor Systems
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floorMuffler 0264070 100 sq. ft. 35 Inch x 34.29 ft. x 1 mm Premium

Underlayment for Luxury Vinyl Floors

Limited Lifetime Warranty for Floating Floor Systems

Diversified Foam Products, Inc. d/b/a Diversified Industries (“Diversified”) warrants to the original purchaser (the “Purchaser”) of the floorMuffler® LVT underlayment (the “Product”) that when installed under luxury vinyl tile and luxury vinyl planks flooring within one (1) year of the date of purchase in accordance with Diversified’s then current installation requirements, which can be found on Diversified’s website at www.floormuffler.com (the “Installation Requirements”), and for as long as the Purchaser owns the premises at which the Product has been installed (the “Warranty Period”):
- the Product will perform as an acoustical underlayment;
- the Product will be free from defects in materials and workmanship; and
- the Product will prevent damage to the installed floating floor system from concrete sub-floor moisture and vapor emissions up to three (3) lbs./1,000 sq. ft./24 hours. For the warranty in subsection
- to be in effect, Purchaser must perform through a reputable provider a calcium chloride moisture test on all subfloors prior to installation, the written results of which must be delivered to Diversified with the Warranty claim, within the Warranty Period. This limited warranty is non-transferable.
This limited warranty shall not apply to defects or other problems with the Product caused by any of the following, as reasonably determined by Diversified:
- misuse, abuse or neglect;
- wear and tear, or indentations, depressions or marking, caused to flooring, from ordinary use;
- any type of surface spills including, without limitation, human or pet spills of any type;
- other discharges or releases of liquid including, without limitation, from broken pipes, hoses and rain water;
- installation of the Product that fails to comply with the Installation Requirements, or other use of defective installation supplies or inadequate installation techniques; or
- damage in transit or during installation. This limited warranty only applies to the Product itself and not to the manner of installation over which Diversified has no control. Minor indentations, blemishes or discoloration of the Product do not constitute a defect under this limited warranty.
This limited warranty is not valid for installations when the Product is installed as a used product. This limited warranty is valid only provided that written notification of a defect, as well as a copy of the original receipt for the defective Product, is received by Diversified from Purchaser within thirty (30) days of identification of the defect, and within the Warranty Period. Diversified reserves the right to inspect the Product and its installation. Purchaser providing Diversified with access to the premises at which the Product is installed shall be a condition to any claim hereunder. If Diversified determines that a defect in the Product is covered by this limited warranty, it will, at its expense and as its sole and exclusive obligation for breach of this limited warranty, and Purchaser’s sole and exclusive remedy:
- replace the defective Product, and
- repair or replace all areas of primary flooring damaged by the defect in the Product as determined by Diversified, up to a maximum amount of $5.00/sq. ft. of damaged flooring, inclusive of labor costs. If Diversified determines that an alleged defect in the Product is not covered by this limited warranty, it shall not have any obligation to repair or replace the Product or any primary flooring and Purchaser shall pay all costs incurred in connection with the examination of the Product including, without limitation, any travel and/or shipping costs.
TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE, AND IN LIEU OF AND EXCLUDING ALL OTHER WARRANTIES OF DIVERSIFIED, ITS DISTRIBUTORS, RESELLER, AGENTS AND REPRESENTATIVES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DIVERSIFIED’S LIABILITY WITH RESPECT TO THE PRODUCT TO PURCHASER AND ANY PARTY FROM WHICH PURCHASER PURCHASED THE PRODUCT, DIRECTLY OR INDIRECTLY, IS LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY SET FORTH HEREIN, EXCEPT TO THE EXTENT SPECIFICALLY PRECLUDED BY APPLICABLE LAW. IN NO EVENT SHALL DIVERSIFIED’S LIABILITY TO PURCHASER AND ANY PARTY FROM WHICH PURCHASER PURCHASED THE PRODUCT, DIRECTLY OR INDIRECTLY, EXCEED THE AMOUNT PAID BY SUCH PERSON OR ENTITY FOR THE PRODUCT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL DIVERSIFIED HAVE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT OR THE MARKETING OR SALE THEREOF, WHETHER THE CLAIM IS BASED UPON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE THIS LIMITED WARRANTY IS VOID IF THIS PRODUCT IS INSTALLED WITH FLOOR COVERING WHERE THE FLOOR COVERING MANUFACTURER’S WARRANTY IS LIMITED OR VOIDED BY THE USE OF THE PRODUCT, OR USE OF THE PRODUCT IS OTHERWISE PROHIBITED BY THE FLOOR COVERING MANUFACTURER.
This limited warranty is governed by the laws of the State of New Jersey. Any warranty claim, or other dispute arising out of or related to this limited warranty or the Products, shall be brought exclusively in the state or federal courts located in the State of New Jersey, the exclusive jurisdiction and venue of which Purchaser and any party from which Purchaser purchased the Product, directly or indirectly, irrevocably consent to for this purpose.