Warranty Guide

65
Terms and Conditions
• Replacement of Wall-to-Wall Carpet:
For all brands of wall-to-wall STAINMASTER® carpet, any
repair or replacement under these limited warranties will
be made by INVISTA and will be limited to the affected
area of the carpet. Bound rugs are not covered. If
replacement is necessary, the limited warranty covers the
removal and disposal of the original carpet and the cost
and installation of the comparable replacement carpet.
Any other labor charges, costs for moving furniture,
equipment or baseboards, costs associated with new
carpet cushion, or other charges are your responsibility
and will not be paid by INVISTA.
• If INVISTA replaces your STAINMASTER® carpet under
any of these limited warranties, the remaining portion
of the Warranty Period will be based on your original
purchase date.
• If the identical carpet is not available, a STAINMASTER®
carpet of comparable quality, color and value will
be provided. Comparability in carpet specifications
is determined by INVISTA.
• Labor costs are defined as removal and disposal of your
original STAINMASTER® carpet and installation of the
replacement carpet.
• You must reasonably cooperate with INVISTA in its efforts
to perform its obligations under these limited warranties.
THE FOLLOWING APPLIES TO ALL OF
THE LIMITED WARRANTIES INCLUDED
IN THIS BOOKLET:
These limited warranties give you specific legal rights,
and you may also have other legal rights which vary from
state to state. This may also be the case in Canada from
province to province. These limited warranties apply only
to wall-to-wall carpet installed and bound carpet purchased
in the U.S. or in Canada.
SUBJECT TO APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL INVISTA BE LIABLE TO YOU
FOR ANY LOST OR PROSPECTIVE PROFITS, LOSSES
OR DAMAGES ARISING FROM DELAY IN PERFORMANCE,
OR FROM ATTEMPTS OR FAILURES TO CLEAN COVERED
STAINS, REGARDLESS OF THE FORM OF THE CLAIM
OR CAUSE OF ACTION (WHETHER BASED ON CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER
TORT OR OTHERWISE), OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING
OUT OF THE PURCHASE OR USE OF THE PRODUCT
OR RESULTING FROM THE BREACH OF THIS LIMITED
WARRANTY, OR ANY IMPLIED WARRANTY. IN NO EVENT
SHALL THE CUMULATIVE LIABILITY OF INVISTA EXCEED
THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT.
FOR THE SAKE OF CLARITY, THE TERM “CONSEQUENTIAL
DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO,
LOSS OF USE AND LOSS OR DAMAGE TO PROPERTY,
AND THOSE INCIDENTAL AND CONSEQUENTIAL DAMAGES
REFERENCED IN §2-715 OF THE UCC.
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. Also, some
provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Dispute Resolution —
Mandatory Arbitration Provision
THIS DISPUTE RESOLUTION PROVISION ONLY APPLIES
TO CONSUMERS RESIDING IN THE UNITED STATES WHO
PURCHASE STAINMASTER® CARPET. IT IS IMPORTANT
THAT YOU READ THIS ENTIRE SECTION CAREFULLY.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES
THROUGH FINAL AND BINDING ARBITRATION OF
INDIVIDUAL CASES BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT BY A JUDGE OR JURY OR
THROUGH A CLASS ACTION.
Binding Arbitration Of All Claims. The arbitration process
established by this section is governed by the Federal
Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. All disputes
arising out of or related to this Warranty (whether based
in contract, tort, statute, fraud, misrepresentation or any
other legal or equitable theory) (a “Claim”) shall be resolved
by final and binding arbitration of individual claims only
in accordance with this arbitration provision.
Only Individual Claims Permitted. NO DISPUTE BROUGHT
BY EITHER YOU OR INVISTA MAY BE JOINED WITH
ANOTHER LAWSUIT OR IN ARBITRATION WITH A DISPUTE
OF ANY OTHER PERSON, OR BE PURSUED OR RESOLVED
ON A CLASS-WIDE BASIS.
Broadest Interpretation. Any question about whether
a Claim is subject to arbitration shall be resolved by
interpreting this arbitration provision in the broadest
manner permitted by law to allow its enforcement.
All such questions will be decided by the arbitrator.
How the Arbitration Works. The party must file a Claim
with the National Arbitration Forum (“NAF”), an arbitration
administrator. This administrator is independent from
INVISTA. You may obtain copies of the rules, forms
and instructions for initiating and conducting arbitration
by contacting NAF at:
National Arbitration Forum
P.O. Box 50191
Minneapolis, Minnesota 55405
Website: www.adrforum.com
800-474-2371