Warranty Guide

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3. Any replacement will be made with a comparable product selected
by the Mohawk Group from the then-current Mohawk Group running
line. However, the Mohawk Group’s obligation shall not include the
reimbursing of any indirect costs or incidental or consequential
damages, however incurred. By the way of example and not
limitation, damages arising from the interruption of use of the spaces
affected or expenses in removing furniture or equipment from the
affected area shall not be included in its obligation.
4. The remedies provided in connection with this limited warranty are
expressly in lieu of any other remedies provided under any other
express or implied warranty, INCLUDING ANY WARRANTY BY
MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS, and of any other obligation on the
part of the Mohawk Group. This warranty supersedes any additional or
inconsistent warranty(ies) set by the dealer, owner, or any third party.
In no event shall the Mohawk Group be liable for any incidental or
consequential damages. No modification of this warranty shall be
effective unless in writing and signed by a representative of the
Mohawk Group authorized to do so.
Please Note: Some States do not allow the exclusion or limitation of incidental
or consequential damages or limitations on how long an implied warranty
lasts. The above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other
rights which vary from state to state. Except for these rights, the remedies
provided under this warranty state the limit of Mohawk Group responsibilities.
V. Mediation/Arbitration:
1. If a dispute arises out of or relates to this warranty, or the breach
thereof, and if said dispute cannot be settle through direct discussions,
the parties agree to first endeavor to settle the dispute in an amicable
manner by mediation administered by the American Arbitration
Association under its Commercial Mediation Rules in Atlanta, Georgia
before resorting to arbitration. Thereafter, any unresolved controversy
or claim arising out of or relating to this warranty, or breach thereof,
shall be settled by arbitration administered by the American Arbitration
Association in Atlanta, Georgia and in accordance with its Commercial
Arbitration Rules and judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
2. Neither party nor the arbitrator(s) may disclose the existence, content,
or results of any arbitration hereunder without the prior written consent
of both parties.