WARRANTY
Warranty Holder
All warranties in this Standard Limited Warranty (“this Warranty”) of Bates Surfaces (“Bates Surfaces” or “we”) is given the original retail purchaser of our flooring products and the construction team ( who uses them in a residential or commercial setting. Our warranties are not transferable and may not be used by subsequent owners.
Scope of Warranty Coverage
The limited warranties described in this Warranty are subject to the conditions, limitations, disclaimers and exclusions listed below and are effective for Bates Surfaces finish products purchased after January 1, 2014. These warranties apply only to our flooring and finish products, and do not cover any installation services.
Lifetime Structural Integrity Warranty
We warrant to you (the original purchaser) that, for the lifetime of the floor: (a) the Bates Surfaces flooring products in their original manufactured condition will be free from defects in milling, dimension, assembly and grade; and (b) Bates Surfaces engineered flooring products will not delaminate (i.e. a separation in layers). Please inspect your flooring upon receipt of shipment. As noted below, this warranty will not cover any flooring containing visible defects after it is installed.
All warranties begin on the date of shipping.
Purchaser’s Responsibilities to Retain Warranty
To be and remain covered under our warranties you need to retain your original sales invoice as proof of purchase.
To maintain coverage under the Lifetime Structural Integrity Warranty, you or your installer should inspect the products carefully before installation for any milling, dimension or other visual defects. The installer must use reasonable selectivity and hold out or cut off pieces with deficiencies. NOTE: If you install any flooring with visible or known defects before following the “Warranty Process” described below, you void this warranty. You and your installer also are responsible for acclimating and installing the floor in an appropriate environment. For most installations, we recommend a climatic temperature within 60 to 80 degrees Fahrenheit and 35% to 50% relative humidity level.
To maintain coverage under the Structural Warranty pertaining to delamination Warranty, you must: (1) ensure that the flooring is properly installed in accordance with prevailing industry standards; and (2) properly care for your new floor. Because you must show that the flooring was properly installed and maintained to assert a warranty claim, we recommend that you conduct a pre-installation moisture test and keep the results, as well as sales documents confirming your use of our recommended adhesives, and all maintenance records.
Warranty Process
If you (the original purchaser) believe that the flooring you purchased does not conform to the warranties described in this Warranty, you must submit a claim to us in writing as soon as possible. Your claim must be accompanied by your sales slip and, if you are asserting a claim under the Structural Warranty pertaining to delamination warranty, you must submit proof of proper installation (e.g. pre-installation moisture test results, sales documentation for recommended adhesives) and proper maintenance. Bates Surfaces reserves the right to inspect the flooring and remove samples for technical analysis, and to discuss with your contractor and installer the storage and installation of the Bates Surfaces flooring. If an independent certified inspector is deemed necessary Bates Surfaces will cover the cost of the inspector only if the product is found at fault. Bates Surfaces will not cover the cost of an inspector if jobsite conditions are found liable; if site conditions are not maintained to NWFA standards, improper acclimation of materials, inadequate installation, moisture breach of materials, improper moisture barrier, failure of radiant heat, improper cleaning and any and all abuse of flooring such as high heel marks.
Bates Surfaces and Company Responsibilities if Covered Event Occurs
If any of the Bates Surfaces flooring product(s) does not meet any of the applicable warranties in this Warranty as you claim, we will provide new stain and/or comparable flooring (of our manufacture and of similar color, pattern and quality), as applicable, for either the repair of the defective area or the replacement of the finish or floor product, at our option. In the unlikely event that the new finish or flooring fails to meet our warranty standards after a reasonable number of attempts, we will refund the portion of the purchase price for the finish and section of failed flooring. Our warranty only covers our product and does not include any additional costs for the repairs or replacement. These are the exclusive remedies available to you under all Bates Surfaces warranties.
Warranty Limitations
The warranties described in this Warranty do not cover certain events beyond our control. The following is a list of limitations to our warranties not otherwise described in this Warranty. When specific examples are itemized, they are intended to be illustrative of a general category of limitation and are not intended to be exclusive.
Our warranties do not cover:
● Conditions caused by improper use or maintenance, such as: improper cleaning.
● Reduction in gloss, marks scuffs, scratches, gouges, dents or cuts, including, without limitation, those caused by spiked or damaged heels and pets.
● Damage caused by negligence, accidents, misuse or abuse (i.e., dragging object across the floor without proper protection).
● Wear caused by pebbles, sand or other abrasives, construction traffic, or failure to maintain the floor as required.
● Damage caused by caster wheels or vacuum cleaner beater bars.
● Failure to support furniture with floor protectors that are at least one inch in diameter, made of non-staining felt or non-pigmented hard plastic, rest flat on the floor and are replaced regularly.
● Splits, cracks, grain raising, checking, edge fracturing, splintering or chipping that occurs during or after the floor has been installed and as a result of abuse, misuse, improper maintenance or care, or exposure to excessive moisture or improper environmental conditions (i.e., low or high humidity). The use of a dehumidifier/humidifier may be necessary to maintain the proper humidity level between 35% – 55%.
● Natural expansion and contraction resulting in separation between boards or damage, to include cupping and crowning, caused by low or excessive humidity and/or temperature either during or after the acclimatization and installation process.
● Wood flooring installed in full bathrooms with a shower or tub.
● Changes in color due to aging, excessive moisture, exposure to sunlight or ultraviolet rays (which may cause oxidation of finish/stain).
● Color, shade or texture variations between samples, printed color photography or replacement flooring and the actual material, or from other flooring or wood products which you wish to match (e.g., cabinets, stair railings, trim, etc.). Natural wood characteristics such as variations in grain, color, mineral streaks, knots and normal color variations from board to board. Subsequent orders may vary in dye lots and are not considered a defect.
● The normal wearing of the finish in high-traffic areas, pivot points and seating areas.
● Noises including, but not limited to, squeaks, popping, etc.
● A product deformity that is not measurable or that is visible only under certain light or from a certain angle. Visible defects should be evaluated by their visibility from a standing position in normal lighting.
● Electronic Radiant Heat.
● Products designated as “seconds,” “economy grade,” “close-out,” “off-goods” or “non-standard.” Such products are sold “AS IS,” and are without warranty coverage.
● Damage or defects due to construction or installation-related activities, including installations made: (i) in violation of applicable state or local housing or building codes, or (ii) contrary to written instructions furnished with the product.
● Deficiencies related to subfloor/floor joist assemblies, subfloor preparation materials and fasteners including, but not limited to, uneven subfloor surfaces, floor deflection or voids in the subfloor.
● Insect infestation after shipment.
● Floors damaged by water or subfloor moisture, including without limitation, due to broken or leaking water pipes, flooding, wet-mopping, spills or natural topographical or weather conditions.
● Damage caused by fire, flooding and other natural disasters, acts of terrorism and acts of God.
NOTE: YOU AND YOUR INSTALLER ARE RESPONSIBLE FOR INSPECTING FLOORING PRIOR TO INSTALLATION. WE ACCEPT NO RESPONSIBILITY FOR FLOORING WITH VISIBLE OR KNOWN DEFECTS AFTER IT HAS BEEN INSTALLED.
Warranty Exclusions and Disclaimer
None of our installers, retailers, distributors or employees have the authority to alter the obligations, limitations, disclaimers or exclusions under any of our warranties.
We exclude, and will not be liable for or pay under the warranties in this Warranty, any and all incidental, consequential, punitive or special damages. By this we mean any loss, expense or damage other than to the flooring itself that may result from a defect in the flooring. For example, these warranties do not include the removal or replacement of cabinets, fixtures, retail markups, installation or labor provided by others or supplemental costs, including but not limited to relocation during the repair process such as hotel, meals, or moving and storage of furniture.
Our limited warranties constitute the only express or implied warranties for the product purchased.
DISCLAIMER:
TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES OTHER THAN OUR LIMITED WARRANTIES DESCRIBED IN THIS WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IF ANY IMPLIED WARRANTY ARISES UNDER STATE LAW AND CANNOT BE DISCLAIMED, THEN ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE WRITTEN WARRANTY, TO THE EXTENT ALLOWED BY LAW.