Warranty Guide
Terms and Conditions
6
THEPURCHASEPRICEPAIDBYYOUFORTHEPRODUCT.
FORTHESAKEOFCLARITY,THETERM“CONSEQUENTIAL
DAMAGES”SHALLINCLUDE,BUTNOTBELIMITEDTO,
LOSSOFUSEANDLOSSORDAMAGETOPROPERTY,
ANDTHOSEINCIDENTALANDCONSEQUENTIALDAMAGES
REFERENCEDIN§2-715OFTHEUCC.
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
THISDISPUTERESOLUTIONPROVISIONONLYAPPLIES
TOCONSUMERSRESIDINGINTHEUNITEDSTATESWHO
PURCHASESTAINMASTER®CARPET.ITISIMPORTANT
THATYOUREADTHISENTIRESECTIONCAREFULLY.
THISSECTIONPROVIDESFORRESOLUTIONOFDISPUTES
THROUGHFINALANDBINDINGARBITRATIONOF
INDIVIDUALCASESBEFOREANEUTRALARBITRATOR
INSTEADOFINACOURTBYAJUDGEORJURYOR
THROUGHACLASSACTION.
Binding Arbitration Of All Claims. The arbitration process
established by this section is governed by the Federal
ArbitrationAct(“FAA”),9U.S.C.§§1-16.Alldisputes
arisingoutoforrelatedtothisWarranty(whetherbased
in contract, tort, statute, fraud, misrepresentation or any
otherlegalorequitabletheory)(a“Claim”)shallberesolved
by final and binding arbitration of individual claims only
in accordance with this arbitration provision.
OnlyIndividualClaimsPermitted.NODISPUTEBROUGHT
BYEITHERYOUORINVISTAMAYBEJOINEDWITH
ANOTHERLAWSUITORINARBITRATIONWITHADISPUTE
OFANYOTHERPERSON,ORBEPURSUEDORRESOLVED
ONACLASS-WIDEBASIS.
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
withtheNationalArbitrationForum(“NAF”),anarbitration
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.Box50191
Minneapolis, Minnesota 55405
Website: www.adrforum.com
800-474-2371
5
•IfINVISTAdeterminesthatyourclaimiscoveredunder
one or more of the limited warranties, INVISTA will,
at its sole option, determine to repair the affected area
of your carpet, or, if repair cannot reasonably be made,
will determine to replace the affected area of carpet.
• Replacement of Wall-to-Wall Carpet: For wall-to-wall
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, unless otherwise specified by a specific warranty
andissubjecttoproration(seescheduleonpage 10).
Any other labor charges, costs for moving furniture,
equipment or baseboards, any costs associated
with new carpet cushion, or other charges are your
responsibility and will not be paid by INVISTA.
This coverage applies to all brands of wall-to-wall
STAINMASTER® carpet.
•IfINVISTAreplacesyourSTAINMASTER®carpetunder
any of these limited warranties, the remaining portion
of the Warranty Period will be based on your original
purchase date.
•Iftheidenticalcarpetisnotavailable,aSTAINMASTER®
carpet of comparable quality, color and value will
be provided. Comparability in carpet specifications
is determined by INVISTA.
•Cashrefundswillnotbeoffered.
•YoumustreasonablycooperatewithINVISTAinitsefforts
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.
SUBJECTTOAPPLICABLELAW,UNDERNO
CIRCUMSTANCESSHALLINVISTABELIABLETOYOU
FORANYLOSTORPROSPECTIVEPROFITS,LOSSES
ORDAMAGESARISINGFROMDELAYINPERFORMANCE,
ORFROMATTEMPTSORFAILURESTOCLEANCOVERED
STAINS,REGARDLESSOFTHEFORMOFTHECLAIM
ORCAUSEOFACTION(WHETHERBASEDONCONTRACT,
INFRINGEMENT,NEGLIGENCE,STRICTLIABILITY,OTHER
TORTOROTHERWISE),ORFORANYCONSEQUENTIAL,
SPECIAL,INCIDENTAL,ORPUNITIVEDAMAGESARISING
OUTOFTHEPURCHASEORUSEOFTHEPRODUCT
ORRESULTINGFROMTHEBREACHOFTHISLIMITED
WARRANTY,ORANYIMPLIEDWARRANTY.INNOEVENT
SHALLTHECUMULATIVELIABILITYOFINVISTAEXCEED