Warranty
Diamabrush
TM
LIMITED MATERIAL WARRANTY
Diamabrush
TM
warrants, for a period of 1 year from the date of purchase, that its products are
free from defects in materials and manufacturing and will perform as intended when installed
and maintained in accordance with procedures recommended by Diamabrush.
THIS WARRANTY
DOES NOT COVER:
(1) general dissatisfaction of the product; (2) misuse by the end-user of the Diamabrush tools
(instructions on proper use are available by contacting Diamabrush, Technical Service
Department, 32470 Industrial Dr., Madison Heights, MI 48071); (3) damage due to accidents,
acts of God, physical abuse, or damage caused by user; (4) coating failure, problems, or
damage due to irregularities caused by the application surface, subfloor, or substrate,
including, but not limited to weakness, contamination, expansion, cracking, failure, alkali, or
hydrostatic pressure (water vapor emissions); (5) normal blade or tool-wear.
NOTICE OF CLAIMS
All warranty claims must be made in writing and sent to Diamabrush Technical Service, 32470
Industrial Dr., Madison Heights, MI 48071. Status of claims will be based on complete
inspection of installation. Diamabrush shall be allowed a reasonable period of time to
investigate the alleged defect, including removal of samples, and to perform any testing
deemed necessary to determine the cause(s) of the alleged defect
. All claims must be made
within sixty days of owner learning the facts upon which such claim is based. All claims not
submitted in writing and received by Diamabrush within the time period specified above shall
be waived. Proof of product purchase must be provided with all warranty claims.
LIMITATION OF LIABILITY
The owner’s sole and exclusive remedy against Diamabrush for claims arising under this
Warranty for any and all losses and damages resulting from any cause shall be the
replacement of the defective product or, in the sole discretion of Diamabrush, the refund of the
purchase price for such defective product. In no event, under any claim or theory of liability
whatsoever, shall Diamabrush be liable for incidental, consequential, special, or punitive
damages, including without limitation any loss of real estate property value or rental fees, loss
of profits, loss of business opportunity, damage to components of construction or contents of
the building, or personal injury or hardship regardless of cause.
REPRESENTATION
No person, including any representative or employee of Diamabrush, is authorized to assume
on behalf of Diamabrush any liability or responsibility in addition to or different from that
described above. Any and all representations, promises, warranties, or statements that are in
addition to or different from the terms set forth above are of no force or effect. This Warranty
is null and void unless Diamabrush has received payment in full for such products subject to
the Warranty.
THIS LIMITED MATERIAL WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OF ANY NATURE WHATSOEVER, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED, WHETHER ORAL, WRITTEN, EXPRESS OR IMPLIED OR IMPOSED BY
LAW, PARTICULARLY IN LIEU OF THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE AND WITH RESPECT TO ANY
WARRANTY AGAINST INFRINGEMENT OR THE LIKE.