DuChâteau Concrete DeLuxe Wide-Plank Flooring Limited Warranty

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1 DuChâteau Concrete DeLuxe Wide-Plank Flooring Limited Warranty PROTECT YOUR WARRANTY FROM THE START Prior to any new installation of DuChâteau Concrete DeLuxe, the original purchaser should inspect all materials for any unexpected differences in color, grade, quantity, quality, size or dye lot against the BOL/work order. The original purchaser should also look for any obvious defects. Ensure adequate lighting for proper inspection. DuChâteau shall not be responsible for repairing or replacing, and disclaims all warranties and liability with respect to, any materials with obvious defects ONCE THEY ARE INSTALLED. DO NOT INSTALL any product if you think the material is not acceptable for any reason. Instead, contact the dealer/retailer immediately. In addition, DuChâteau Concrete DeLuxe products must be protected from moisture (rain/snow and condensation) during any kind of storage prior to installation to prevent uneven hydration in the planks that may cause surface discoloration. Disclaimer: Created to be a one-of-a-kind reflection of nature s artistry, each and every DuChâteau concrete product is handmade from quarried raw materials and naturally exhibits distinct variations in its finish and overall texturing to recreate the unique diversity and natural elegance of our hardwood collections. Mineral and patina variation are a normal feature of this product, and the natural components of the cement, sand, and color pigment will change over time. It is virtually impossible to capture in a small sample the entire range of color variation and texturing that will be present in the concrete flooring you will receive. It is recommended to mix planks/tiles from several boxes during installation to achieve best color range. To better understand the distinct look of a DuChâteau finished concrete flooring in your space, please consult your local sales representative for more details. WHAT IS COVERED BY THE DUCHÂTEAU WARRANTY? 5-Year Limited Residential Warranty For residential use, DuChâteau warrants to the original retail purchaser of its products that DuChâteau Concrete DeLuxe Wide-Plank Flooring ( Flooring ), in its original manufactured condition, shall be free from manufacturing defects for the period of one year from the date the Flooring was shipped to purchaser (except as otherwise noted below). 5-Year Limited Commercial Warranty For commercial use, DuChâteau warrants to the original retail purchaser of its products that DuChâteau Concrete DeLuxe Wide-Plank Flooring, in its original manufactured condition, shall be free from manufacturing defects for the period of three months from the date the Flooring was shipped to purchaser (except as otherwise noted below). WARRANTIES APPLY TO ORIGINAL PURCHASER ONLY All Flooring warranties, including any implied warranties, apply to the original retail purchaser of the Flooring only. All warranty coverage terminates if you sell or otherwise transfer the Flooring or the property to which the Flooring is attached. Limit on implied warranties- to the greatest extent permitted by law, any implied warranty on the Flooring, including implied warranties of merchantability and/or fitness for a particular purpose, is limited in duration to the duration of this Warranty. Some states do not allow limitations on how long an implied Warranty lasts, so the above limitation may not apply to you. 1

2 WHAT DOES THIS WARRANTY NOT COVER? In order to be covered under this limited warranty, the Flooring must be thoroughly inspected prior to installation for any defects and then and only then be properly installed by a licensed contractor in accordance with all installation instructions provided to you with the Flooring. This warranty does not cover damage arising from improper installation of the Flooring. This warranty does not cover any issues that arise because of repairs carried out other than those expressly authorized by DuChâteau pursuant to this warranty. In order to be covered under this limited warranty, the Flooring must be purchased from an authorized dealer of DuChâteau Flooring products. DuChâteau offers NO additional warranties, express or implied, other than those set forth herein. Neither your retailer nor anyone else has the authority to alter the terms of this warranty. Any representations or promises made by your retailer or installer are not binding on DuChâteau. This warranty does NOT cover minor separations between planks due to normal expansion and contraction that concrete flooring may experience, based on weather conditions or other outside forces. This warranty does not cover plank-shifting and/or staining due to abnormal moisture, humidity, heat levels or flooding. This warranty does not cover damage resulting from the failure to properly maintain Flooring and may be voided due to your failure to follow all DuChâteau Care and Maintenance Instructions applicable to the Flooring. This warranty does not cover damage caused by improper or incorrect use or application of any product on the Flooring. This warranty does not cover damages caused by or relating to improper transportation, storage, or installation of the Flooring. This warranty does not cover any defects unless the square footage of such defective flooring exceeds ten percent (10%) of the total square footage of your purchased Flooring. This warranty does not cover manufacturing defects in Flooring that has been installed which are visible or which reasonably could have been discovered by you or your installer prior to installation. You must notify DuChâteau of any such manufacturing defects before installing Flooring. If not properly notified, DuChâteau shall not be held liable for any costs or expenses incurred as a result of the purchase or installation of any such defective or unsatisfactory Flooring. This warranty does not cover variances in the natural quarried raw materials of the cement and the color pigments found in samples or photographs supplied by dealers or variances in the natural quarried materials of the cement and the color pigments between samples and Flooring actually received by you. This warranty does not cover any change to the Flooring caused by exposure to light and oxygen, including any color change or the development of a unique patina over time. This warranty does not cover indentations, scratches or other damage caused by normal wear-and-tear, negligence, intentional acts, water, sand, abuse or other misuse of the Flooring. This warranty does not cover damages resulting from the failure to provide proper environmental conditions, including but not limited to maintaining proper humidity levels. This warranty does not cover surface checking resulting from high or low relative humidity and/or mildew, discoloration, or plank-shifting resulting from moisture. This warranty does not cover damage resulting from the failure to follow manufacturer s installation and maintenance instructions, including but not limited to the failure to use approved adhesives, moisture barriers, and failure to follow DuChâteau Flooring maintenance product instructions. Use of cleaning or maintenance products other than the types specified in the Concrete DeLuxe maintenance instructions, or improper use or application of any cleaning or maintenance product, may cause damage to the Flooring and may void this limited warranty. This warranty does not cover damage resulting from the use of adhesive tape of any kind on Flooring for any period of time. Failure to comply may result in removal/tarnishing of the finish. This warranty does not cover special, incidental or consequential damages of any kind. Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above limitation may not apply to you. 2

3 The following items are specifically excluded from coverage by this warranty: Color Inconsistencies: No color inconsistencies or other cosmetic imperfections whether general or local are covered by this warranty. Heavy Impact or Scratch Damage: Even high performance concrete can still be a brittle material that remains weak in both tension and shear. Dropped loads and exposed pallet nails can easily gouge and scratch its surface. No such damage is covered by this warranty. This includes damage caused by abnormal loading, metal or phenolic wheels on any type of equipment (regardless of size), and poor housekeeping. Also, tires embedded with grit, metal shavings, staples, etc., will quickly erode any concrete floor. No damage caused by sustained exposure to unusually contaminated-wheeled traffic is covered by this warranty. This warranty does not cover the use of metal shovels or sharp-edged tools to remove snow and ice on the surface of the Product. If the surface of the Product is damaged or punctured, this warranty will be voided. Consequential Damages: This warranty provides only for the repair of certain defects that may occur in the subject floor. This warranty does not cover any damages that may be suffered by the warrantee as a consequence of such defects. Cracking - Cracks can form in concrete from stress, movement, shrinkage, weather (freeze-thaw), or abuse to the product. Hairline surface cracks may develop and are considered acceptable in the concrete industry. We are not responsible for repairing or replacing any products that develop or sustain hairline cracks. Staining - Our concrete has a topical sealer applied for water and stain resistance; this does not mean it is stain proof and we do not warrant that this Product as such. We do not warrant stain resistance resulting from spilled or otherwise applied food and beverage substances, which are not properly cleaned within one (1) hour of exposure. Food and beverage items include ketchup, mustard, salad oils, tea, wine, coffee, fruit punch, barbeque sauce, grease, sodas, etc. Nevertheless, all sealers used on our concrete products are food safe and are designed to withstand normal use in kitchens, baths and floors. Highly acidic products such as lemon juice, mustard, vinegar, wine, soda, tomatoes, bananas, pumpkins/gourds, etc., perfumes, colognes, and cleaners or soaps that contain vinegar or citric acids, and other harsh chemicals or solvents, such as acetone, ammonia, hydrogen peroxide, bleach, etc. should be avoided or cleaned off of your concrete surface as soon as possible. These substances may eat through the sealer, leaving a light hazing, and could possibly expose or stain your concrete floor. There are, of course, other items and products that may damage your sealer. We have tested against the most typical of these items, but please use standard precautions to keep your concrete protected. Staining can also occur if the sealer is compromised (e.g. cutting on it, using abrasive cleaners or scrubbing pads, etc.). DuChâteau is not responsible for repairing or replacing any products that develop stains after delivery is completed. In addition, materials not covered in the stain resistant warranty include abrasive compounds of acidic or basic ph, paints or stains, strong solvents, metallic rust or other abnormal deck use items, and non-food and non-beverage substances, including but not limited to, biocides, fungicides, plant food, or bactericides. Mold and mildew can settle and grow on any outdoor surface, including this Product. You should periodically clean your deck to remove dirt and pollen that can feed mold and mildew. This warranty does not cover mold and mildew damage. Paint or Other Materials Applied to the Product: If paint or other coating materials are applied to the Product, this warranty will be voided. Other Exclusions: This warranty shall not cover any condition attributable to: (1) use of the Product beyond normal use or service conditions, or in an application not recommended by DuChâteau s guidelines and local building codes; (2) movement, distortion, collapse or settling of the ground or the supporting structure on which the Product is installed; (3) any force of nature (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mold, mildew, etc.), staining from foreign substances (such as dirt, grease, oil, etc.), or normal weathering (defined 3

4 as exposure to sunlight, weather and atmosphere which will cause any colored surface to gradually fade, chalk, or accumulate dirt or stains); (4) any fading or staining not on the walking surface of the Product (i.e., the underside or the ends of the Product). No material is fade proof when exposed to UV exposure and the elements; (5) ordinary wear and tear; (6) problems which occur through abnormal moisture or heat levels, staining or through flooding; (7) problems which occur because of improper repairs carried out other than under our warranty and/or authorized by us; (8) subsequent damage caused by failure to apply approved sealant regularly or chipping due to careless installation; (9) consequential costs and losses including other costs associated with re-installation and finishing. Under no circumstances shall we be liable for anything more than the cost of the original materials supplied and fitted in total. RADIANT HEAT SYSTEMS Certain Flooring is warranted for use with Radiant Heat Systems. If such Flooring is installed over a radiant heating system, the surface temperature of the Flooring must not exceed 82 degrees Fahrenheit. Dramatic temperature changes may damage the Flooring. Flooring must be heated gradually in 5 degree Fahrenheit increments. It is recommended that a dedicated thermostat be installed to allow the temperature of the Radiant Heat System to be accurately controlled. For warranty coverage to apply, the Flooring must be authorized for use with a radiant heating system and the installation must conform to the manufacturer s Special Instructions for Installations over Radiant Heat Systems, including the placement of approved under-floor heat sensors. WHAT DUCHÂTEAU WILL DO DuChâteau will, at its option, either repair and/or replace the Flooring which is defective or credit you for the portion of the purchase price attributable to the Flooring which is defective. DuChâteau is not obligated to pay more than the cost of the original materials supplied and fitted in total; consequential costs and losses, including other costs associated with re-installation and finishing, are not covered. You are responsible to pay for shipping and handling for any replacement Flooring, along with any and all other costs related to the defective Flooring (e.g., labor to remove Flooring, labor to install replacement Flooring, additional materials required to install replacement Flooring, removal of any household fixtures or furniture required to repair or replace the Flooring, hotel stays required due to repair or replacement, etc.). Due to the nature of the product, replacement Flooring is not guaranteed to match the original Flooring in terms of color, tone and/or pattern. These remedies are your sole and exclusive remedies under this warranty. HOW TO GET SERVICE First, contact your retailer or distributor. If you have additional questions or have additional questions or concerns, please contact DuChâteau by telephone at DUCHATEAU, by mail at 8480 Miralani Drive, San Diego, CA 92126, or by at customerservice@duchateau.com. Where possible, any complaints made under this warranty will be resolved within 30 days. However, due to the nature of certain complaints and/or forces outside DuChâteau s control, certain complaints may take longer to resolve. If your complaint has not been resolved by your retailer within 30 days of your notification to the retailer, please contact DuChâteau directly for further assistance. YOUR RIGHTS UNDER STATE LAW This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. GOVERNING LAW, FORUM AND VENUE This warranty shall be interpreted in accordance with the laws of the State of California, without regard to any choice of law provisions which might otherwise apply in California or elsewhere. DuChâteau and customer agree that the Superior Court 4

5 of California shall have exclusive jurisdiction to adjudicate any claim or controversy arising out of or relating to this warranty or DuChâteau Flooring. You acknowledge and agree that all actions or proceedings arising in connection with this warranty shall be tried and litigated exclusively in the County of San Diego, State of California. If any provision of this warranty is found to be unenforceable, the remaining provisions will remain in full force and effect. If you do not agree to the terms and conditions of this Limited Warranty, please return the Flooring immediately prior to installation. TO BE CLEAR, WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND OUR LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS SET FORTH IN GREATER DETAIL ABOVE. 5