Warranty Guide

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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 and
adjacent areas extending to the nearest wall, doorway or entrance.
• 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 and value must be selected.
Comparability in carpet specifications is determined by
INVISTA. If a less expensive carpet is chosen, the difference
will not be refunded or applied to the claim to cover padding or
furniture moving.
• Labor costs are defined as removal and disposal of your original
STAINMASTER
®
carpet and installation of the replacement
carpet.
• Cash refunds will not be offered.
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:
LIMITATIONS: YOUR SOLE AND EXCLUSIVE REMEDY UNDER
THIS LIMITED WARRANTY SHALL EQUAL THE COST OF
REPLACEMENT PRODUCT FOR THE PORTION OF THE CARPET
THAT DOES NOT CONFORM TO THE WARRANTY AND LABOR
COSTS FOR SUCH REPAIR, AS PROVIDED HEREIN. INVISTA
SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES OR EXPENSES, OR FOR LOST
OR PROSPECTIVE PROFITS, ARISING OUT OF THE PURCHASE
OR USE OF THE STAINMASTER® CARPET PRODUCTS OR
RESULTING FROM THE BREACH OF THIS LIMITED WARRANTY.
IN NO EVENT SHALL INVISTA’S CUMULATIVE LIABILITY EXCEED
THE COST OF REPLACEMENT PRODUCT FOR THE PORTION OF
THE CARPET THAT DOES NOT CONFORM TO THE WARRANTY
AND LABOR COSTS FOR SUCH REPAIR. THERE ARE NO
WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE OF THIS WARRANTY. TO THE EXTENT PERMITTED
BY LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE EXCLUDED.
State and Province Rights This limited warranty gives You specific
legal rights, and You may also have other rights which vary from
state to state or province to province. 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 PROVISION
INVISTA and You agree that any controversy or claim arising
out of or relating to the purchase, installation or use of INVISTA
STAINMASTER
®
carpet products, including any claim for breach
of warranty (a “Dispute”), may be settled only by BINDING
ARBITRATION or in a small claims court, if the Dispute is within
the jurisdiction of the small claims court and there will be NO JURY
TRIAL. INVISTA and You agree that the American Arbitration
Association (AAA) shall administer any arbitration in accordance
with its Commercial Arbitration Rules and its Consumer-Related
Dispute Supplementary Procedures and incorporated fee schedule,
and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The parties intend
that the Dispute will be settled in individual (bi-lateral) and not
class arbitration, do not consent to the incorporation of the AAA
Supplementary Rules for Class Arbitration into the rules governing
arbitration under this Dispute Resolution Procedure, and hereby
waive any right to arbitrate a Dispute through representative or
class arbitration. The parties intend that the arbitrator decide all
issues of substantive arbitrability, including his/her own jurisdiction.
Law Governing Arbitration Provision
The Dispute Resolution
Provision above establishing the arbitration process is governed by
the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16.
Information on the AAA and Arbitration Filing Requirements and
Fees: Information on the AAA and Arbitration Filing Requirements
and Fees: The website for the AAA may be accessed at www.adr.
org. The AAA Commercial Arbitration Rules and the Consumer
Arbitration Rules (with associated fee schedule) may be accessed
at https://www.adr.org/Rules. For more information on AAA
arbitration, contact: American Arbitration Association, Case Filing
Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
Toll Free number: 877-495-4185. Fax number: 877-304-8457. Email:
[e-mail].
WAIVER OF JURY TRIAL: INVISTA AND YOU UNCONDITIONALLY
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING
TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY
REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH
ARBITRATION, INVISTA AND YOU AGREE THAT THERE WILL NOT
BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT
YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND
RESOLVED IN COURT BY A JURY.