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WARRANTY
Smartflooring Limited warrants to the original purchaser (BUYER) only that vinyl mats and flooring manufactured by Better Life Technology, LLC will be free from defects in material and workmanship under normal use for a period of five (5) years from the date of purchase. THIS WARRANTY SHALL NOT APPLY AND WARRNATY OF ANY KIND SHALL EXIST IF THIS PRODUCT HAS BEEN SUBJECT TO ABUSE, MISUSE, NEGLECT OR ALTERATION OF ANY TYPE OR CAUSE. In addition SmartFlooring Limited is not responsible for defects resulting from improper installation or use, or for uses beyond design capability. In addition to the foregoing limitation this limited warranty shall not cover surface stains including stains resulting from asphalt, driveway sealer and rubber wheels, defects resulting from improper maintenance or installation, damage from improper usage including, without limitation, burns, cuts, tears, scratches, scuffs, indentation damage from rolling loads, improperly castored carts, damage and discolouration from adhesive or floor care products not recommended by the manufacturer, extended direct exposure to sunlight, excessive moisture, alkaline, hydrostatic pressure damage from subfloor, mould or mildew, installation over gypsum bases patching and levelling compounds. Smartflooring Limited will in its sole discretion determine whether or not product is defective or otherwise covered or not covered by this warranty. This warranty is not transferable. Customer must notify SmartFlooring Limited of all manufacturer defects within 60 days of purchase will be required.
LIMITATION OF LIABILITY
Smartflooring Limited shall not be liable for the loss of use, loss of time, inconvenience, loss of revenue or any other indirect, consequential, special or incidental damages whether based upon breach of the above warranty, breach of contract, negligence, tort or any other legal theory. Smartflooring Limited makes no warranties of any kind, expresses or implied, other than as herein expressly provided and Smartflooring Limited specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
EXCLUSIVE REMEDY
Buyers remedy for breach of Smartflooring Limited's warranty is repair or replacement at Smartflooring Limited's option, shall either replace the defective product or refund the purchase, thereof. These remedies are the exclusive remedies for breach of Smartflooring Limited warranty. Smartflooring Limited shall not be liable for any other charges incurred, including installation cost, as a result of defective product. In the event that Buyer makes any claim under Smartflooring Limited warranty, Smartflooring reserves the right to require any product to be returned for inspection at Buyer's expense. |
