THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS PURCHASED FROM SELLER WILL BE FREE FROM DEFECTS IN MATERIALS. THE TERM “DEFECT” HEREIN REFERS TO A FAILURE IN THE TILE ITSELF, TO MEET SELLER’S SPECIFICATIONS AS DESCRIBED IN THE PRODUCT LITERATURE OR WITHIN INDUSTRY ALLOWABLE TOLERANCES AS SET FORTH IN STANDARD NATIONAL INDUSTRY PROTOCOLS. MISUSE BY CONTRACTOR OR END-USER INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, PHYSICAL AND/OR CHEMICAL ABUSE, IS NOT COVERED BY THIS WARRANTY.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
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- Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services. It does not extend to any subsequent owner, transferee, or other beneficiary of the product or service.
- What Does This Warranty Cover? This limited warranty covers defects in materials directly purchased from us during the Warranty Period.
- What Does This Warranty Not Cover? As is standard in the tile industry, installation deems acceptance. Do not install products if there are visible defects. Tile is subject to variation in color, texture size and finish. Technical specifications are also a subject of variation, including variation in the coefficient of friction (“COF”) for each tile, due to inherent variability in the raw materials and production process. Express technical specifications are not guarantees of minimum or maximum thresholds of performance. Visual defects or nonconformities apparent prior to installation voids this limited warranty. Natural stone products are mined and cut from natural formations. Because these products are not subject to a manufacturing process, quality warranties are limited to the specified representations in product literature and guidelines established by the Marble Institute of America. Seller does not warrant natural stone products for shade, size, thickness, warping, cleft variations, surface finish variations, or other natural variances on stone products.
- What Is the Period of Coverage? This limited warranty begins on the date of purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we replace a warranted product. Failure to report any warranty claim within 30 days of delivery, or within a reasonable time after discovery if the defect was not reasonably detectable at the time of delivery, will void this limited warranty. We may modify the terms of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, at our sole discretion, either: (i) replace the defective product at no additional cost, or (ii) refund the purchase price of the defective product.
- Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED FROM SELLER, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- To Make a Claim for Material Defects.
- The original purchaser must notify Seller in writing of any material defect by email to claims@outercle.com within 30 days of delivery, or within a reasonable time after discovery if the defect was not reasonably detectable at the time of delivery.
- After notification, Seller, or an authorized representative, will inspect and/or test the product for defect and complete a product Claim Form. No claim will be honored without product inspection by Seller or an authorized representative.
- We will notify you in writing upon determination whether the product defect claim is valid. We reserve the right to repair, replace, or refund you the cost of the originally purchased product.
- What Can You Do in Case of a Dispute with Us? The informal dispute resolution procedure, as set forth in Section 14 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms of Sale.
- Additional Warranty Terms.
- The definition of defect is a failure in the tile itself to perform to the specifications as described in the product literature, within industry allowable tolerances as set forth in standard, national industry protocols. Misuse by contractor or end-user including, but not limited to negligence, physical and/or chemical abuse are not covered by this Limited Warranty.
- This Limited Warranty is the sole warranty extended and replaces any statutory warranties to the maximum extent allowable by law. All warranty claims must be reported immediately. Installation defects are not covered by this warranty. Failure to report any warranty claim within 30 days of delivery, or within a reasonable time after discovery if the defect was not reasonably detectable at the time of delivery will void this limited warranty. All products must be inspected prior to installation. Visual defects or nonconformities apparent prior to installation render this Limited Warranty void.
- As is standard in the tile industry, installation deems acceptance. You agree not to install our products if you note visible issues. You are aware that our products are subject to variation in color, texture size and finish. Technical specifications are also a subject of variation, including COF, due to inherent variability in the raw materials and production process. Express technical specifications are not guarantees of minimum or maximum thresholds of performance. Tile containing, unevenness, pitting or a rough surface can create cleaning challenges due to debris and contaminants lodging in the surface. Our products require prompt and specific care during the installation process. Unless otherwise stated, tile recommended for floor or wall applications refers to interior applications only.
- You must adhere to your project’s local building codes which may dictate minimum tile performance specifications. We do not warrant any installations that violate building codes.
- Specification approvals based on photographic color images should not be considered for exact matches. Only actual product samples can be considered for specification approval and comparison. Additionally, color variation is not only inherent, but is cultivated by the artists and artisans that produce our products. Therefore, color variation and shade variation is to be an expectation of our tiles.