Tiny TIMBERS Limited Warranty Solid Wood Plank Flooring

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1 Tiny TIMBERS Quality Assurance Pledge and Limited Warranty Overview Tiny TIMBERS warrants to the original purchaser that at the time of shipment, our solid wood plank flooring, in its original manufactured and uninstalled condition will be free from manufacturing defects in milling or grading as further described: Free from defects in materials and workmanship and of the grade described in our published product specifications, invoice or sales receipt and pursuant to the National Wood Flooring Association (NWFA) in manufacturing and grading rules. End matched planks greater than 2-1/4 to 5 wide will admit up to +/ inch end matched fitting allowance. Tolerances on planks wider than 5 are subject to greater stress and movement after machining and not guaranteed. Unless stated otherwise, all solid hard wood flooring will be kiln dried to 8% ambient moisture content at the time of shipment. Finish grade cypress and western red cedar shall be kiln dried between 10% and 12% moisture content at the time of shipment. Post-sale moisture content changes are beyond our control and not warranted. All wood floors will expand during hot or humid days; use of an air conditioner or dehumidifier is recommended. All floors will shrink during the heating cycle of winter; use of a humidifier is recommended. It is important to maintain consistent year round relative humidity levels between 40% and 60% at the installation site. Humidity levels can be monitored with a readily available humidistat. The wider the plank, the greater the chance for expansion across the width and movement or distortion of the board. Wide Plank flooring can exhibit normal dimensional changes in individual planks during the acclimation period prior to installation, as well as movement-in-service issues after installation. This is the nature of wood and is not covered under this warranty. According to standard industry practices, our warranty applies only to that material in excess of 5% that is found defective or inferior to our stated quality standards. Tiny TIMBERS and Purchaser acknowledge that naturally occurring color, grain or character allowable within the stated product and grade are not considered a defect. Tiny TIMBERS reserves the right to inspect and remove samples for technical analysis and if requested, Purchaser agrees to provide high resolution pictures, flooring samples, and other documentation required to establish a Warranty Claim. Subject to the Warranty Exceptions described below, Tiny TIMBERS, will at its sole discretion either expeditiously repair or replace any uninstalled Flooring which is shown to have a grading or milling manufacturing defect which is outside of accepted standards established by the National Wood Flooring Association (NWFA). 5/2011 View of Terms of Sale at Page 1

2 Wood Flooring Warranty Checklist & Installer s Responsibilities: Tiny TIMBERS is a member organization adhering to strict manufacturing standards established by the National Wood Flooring Association and as provided for in the NWFA Professional Floor Installers Guide ( Upon receipt of your order inspect the flooring to ensure the following: 1) Confirm that you received the quantity, species, grade and size flooring you ordered. 2) Make sure the flooring received meets the installer and end-user's expectations PRIOR to installation. Confirm issues such as the manufacturing, grain, character, current color and anticipated appearance after finishing and oxidation. Address concerns if the freshly installed floor looks different from the possibly aged samples from which their selection was made. 3) All questions or concerns with respect to the milling, grading or finish must be resolved prior to installation. All pre-installation warranty claims on manufacturing defects must be submitted in writing within thirty (30) days of the date of original purchase. Installation of a flooring exhibiting any such deficiencies or defects constitutes full acceptance of the flooring. 4) Establish that the site is suitable for the installation method chosen and advise the buyer and correct any deficiencies PRIOR to commencing installation. 5) Inspect the subfloor PRIOR to installation to make sure it is sound, level and dry enough to proceed PRIOR to installation of the floor. An improperly prepared sub floor may result in unacceptable and nonwarranted post-installation movement-in-service issues. 6) Prepare an installation plan based on testing at the installation site of both the subfloor for acceptable moisture content and the site atmosphere for the proper range of relative humidity. The installer must maintain a written record, which lists the dates and results of all the tests taken. A copy of this record should be maintained by the end-user for warranty purposes. 7) Equalize or acclimate all solid wood flooring in advance of installation to match the equilibrium moisture content of the site to minimize potential subsequent movement, such as, but not limited to shrinkage, swelling, cupping, crowning, board separation, checking and splitting. 8) Wide Planks Special Considerations: To minimize but not necessarily avoid normal expansion, contraction, cupping, and dimensional changes in planks over 5 wide it is important to maintain recommended humidity levels at all times; during acclimation, installation and after installation. Furthermore, in addition to blind nailing the planks, screw and plug the ends and/or apply the proper adhesive on the plank backs in accordance with NWFA guidelines. 9) Perform harmonious color, character, and grain selecting as you install the floor. Install odd or less desirable pieces in non-conspicuous places such as under planned cabinets, in closets, under furniture arrangements or areas to be covered by rugs. 5/2011 View of Terms of Sale at Page 2

3 10) Before installation test large enough samples with the finish you propose to use to assure compatibility with the wood. Allow the end user the opportunity to approve the look of the proposed finish on test samples before you commence finishing the product itself. 11) Protect the flooring and the finish during and after installation from non-warranted construction and move-in foot traffic to minimize scratching, damage, and wear. Limited Warranty Exclusions, including, but not limited to: a) Improper flooring installation that fails to follow all applicable step-by-step procedures set forth in the NWFA Professional Floor Installers Guide ( b) Losses or damage incurred from improper shipping, handling and/or storage after the product leaves TinyTIMBERS possession. (Please review procedures for filing a damage claim in or terms of sale ( c) Uninstalled flooring that has gained or loss moisture content after delivery receipt. It is the installer/end user's responsibility to check the site and properly acclimate the flooring. d) Deficiencies related to subfloor/floor joist assemblies, subfloor preparation materials, and fasteners including, but not limited to, excessive moisture, uneven subfloor surfaces, floor deflection or voids in the subfloor. e) Improper application or use, including solid wood plank hardwood floors installed over radiant heated subfloors and below grade installations. f) Natural wood characteristics such as variations in grain, mineral, character and color differences from board to board. The installer/end user assumes responsibility to inspect the wood prior to installation and to place the planks in a random and harmonious mix. g) Color, shade, or texture variations between samples, printed or digital color photography or replacement flooring or other items and the actual material. h) Color changes in the wood or finish as it ages or from exposure to sunlight or UV rays. i) Post-installation exposure to excessive moisture or improper environmental conditions. Maintain proper indoor humidity levels between 40% and 60% and air temperatures between 55 and 75 year-round. j) Claims made on installed products with visible defects. Products, once installed, are deemed accepted, and the pre-installation warranty expired. k) Post-installation movement-in-service issues, including, but not limited to board separation or gapping, splits, cracks, grain raising, checking, edge fracturing, splintering or chipping. l) Excessive moisture from natural disasters such as flooding, broken pipes, and acts of God, in which case your homeowner insurance company should be contacted. 5/2011 View of Terms of Sale at Page 3

4 m) Post-installation swelling, cupping, or distortion in flooring caused by an increase of moisture content from an improperly prepared sub-floor or crawl space, or from moisture from above from such sources as high humidity, spills, excessive wet mopping, pets, etc. n) Marks, scuffs, scratches, gouges, dents or cuts, including, without limitation, those caused by pets, caster wheels, furniture, and vacuum cleaner beater bars. Indenting from high heels, dropped or dragged heavy objects or failure to protect entry & high wear areas with area rugs or protective coverings.. o) Post Installation noises including, but not limited to, squeaks, popping, etc. p) Abuse, misuse, improper maintenance or care. q) Insect infestation if it occurs subsequent to the date on which the product leaves our control. r) Wear caused by pebbles, sand or other abrasives, construction traffic, or conditions caused by improper use or maintenance or a reduction in gloss on prefinished floors (see NWFA Care and Maintenance Guidelines at s) A product deformity that is not measurable or that is visible only under certain light or from a certain angle is not considered a defect and is therefore not warranted. Visible defects should be evaluated by their visibility from a standing position in normal lighting. t) Any subsequent site refinish compatibility or panelization issues, as this is the site installer or refinisher s responsibility to adequately test the finish they propose to use for proper adhesion bond. The end user should approve the look of the finish proposed prior to actually re-finishing the floor. Warranty Limitations and Disclaimer This limited warranty is extended only to the original purchaser located in the United States and excludes products designated as used, seconds or sold as is. This limited warranty gives you specific legal rights. You may also have other rights, which vary from state to state. This limited warranty excludes consequential or value added processes such as sanding, finishing, installations, assembly, or cutting materials to length or any other associated costs, including, but not limited to the removal or replacement of cabinets, fixtures, retail markups, installation or labor provided by others or supplemental costs, relocation during the repair process such as hotel, meals, or moving and storage of furniture. Sole remedy hereunder is limited to product repair or replacement not to exceed the dollar value of the original purchase. No other warranty is expressed or implied. Interpretations - this sale shall be governed solely by the terms and conditions herein set forth, which shall prevail over any conflicting terms and conditions of buyer, any statement in buyer s purchase order, notwithstanding. This agreement shall be construed in accordance with the laws of the State of Indiana. All prior writings, representations or negotiations with respect to the subject matter are deemed to be merged herein. The failure of either party to enforce any of the provisions of this agreement shall not be construed as a waiver of such provision or of the right of any party thereafter to enforce each and every provision. 5/2011 View of Terms of Sale at Page 4

5 TO THE EXTENT PERMITTED BY LAW, THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE, AND IN LIEU OF AND EXCLUDING ALL OTHER WARRANTIES OF TINY TIMBERS, ITS AGENTS, RESELLERS, OR EMPLOYEES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO AGENT OR REPRESENTATIVE OF TINY TIMBERS HAS ANY AUTHORITY TO EXTEND OR MODIFY THIS WARRANTY UNLESS SUCH EXTENTION OR MODIFICATION IS MADE IN WRITING BY A CORPORATE OFFICER. TINY TIMBERS LIABILITY TO ALL PURCHASERS OF ALL PRODUCTS IS LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY SET FORTH HEREIN, EXCEPT TO THE EXTENT SPECIFICALLY PRECLUDED BY APPLICABLE LAW, AND DOES NOT INCLUDE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER, WHETHER ANY CLAIM IS BASED UPON THEORIES 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 TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. In order to obtain performance of these warranty obligations, the entitled person seeking performance should contact us with the required information, as follows: Tiny TIMBERS Warranty Dept W. Deputy Pike Rd. Deputy, IN local telephone: call us toll free: fax us toll free: mail@tinytimbers.com 5/2011 View of Terms of Sale at Page 5