Essex Coatings & Finishing (“Essex” or “we”) produces many products that meet a wide range of applications and aesthetics. All warranties in this Standard Limited Warranty (“this Warranty”) of Essex is given the original retail purchaser of our flooring products and are subject to the procedures, limitations, disclaimers, exclusions, and provisions set forth herein. Our warranties are not transferable and may not be used by subsequent owners.
The limited warranties described in this Warranty are subject to the conditions, limitations, disclaimers and exclusions listed below and are effective for Essex and Company and finish products purchased after January 1, 2014. These warranties apply only to our flooring and finish products, and do not cover any installation services.
We warrant to you (the original purchaser) that, for the lifetime of the floor: (a) the Essex and Company flooring products in their original manufactured condition will be free from defects in milling, dimension, assembly and grade; and (b) Essex and Company engineered flooring products will not delaminate (i.e. a separation in layers) when properly installed and maintained according to our Installation Instructions and our Care and Maintenance Guidelines. Please inspect your flooring upon receipt of shipment. As noted below, this warranty will not cover any flooring containing visible defects after it is installed. This limited warranty does not cover seasonal expansion and contraction of wood flooring.
All warranties begin on the date of shipping.
To be and remain covered under our warranties you need to retain your original sales invoice as proof of purchase.
To maintain coverage under the Lifetime Structural Integrity Warranty, you or your installer should inspect the products carefully before installation for any milling, dimension or other visual defects. The installer must use reasonable selectivity and hold out or cut off pieces with deficiencies. NOTE: If you install any flooring with visible or known defects before following the “Warranty Process” described below, you void this warranty. You and your installer also are responsible for acclimating and installing the floor in an appropriate environment. For most installations, we recommend a climatic temperature within 60 to 80 degrees Fahrenheit and 35% to 50% relative humidity level.
To maintain coverage under the Structural Warranty pertaining to delamination Warranty, you must: (1) ensure that the flooring is properly installed in accordance with prevailing industry standards; and (2) properly care for your new floor. Because you must show that the flooring was properly installed and maintained to assert a warranty claim, we recommend that you conduct a pre-installation moisture test and keep the results, as well as sales documents confirming your use of our recommended adhesives, and all maintenance records.
If you (the original purchaser) believe that the flooring you purchased does not conform to the warranties described in this Warranty, you must submit a claim to us in writing as soon as possible. Your claim must be accompanied by your sales slip and, if you are asserting a claim under the Structural Warranty pertaining to delamination warranty, you must submit proof of proper installation (e.g. pre-installation moisture test results, sales documentation for recommended adhesives) and proper maintenance. Essex and Company reserve the right to inspect the flooring and remove samples for technical analysis, and to discuss with your contractor and installer the storage and installation of the Essex and Company flooring. If an independent certified inspector is deemed necessary Essex and Company will cover the cost of the inspector only if the product is found at fault. Essex and Company will not cover the cost of an inspector if job site conditions are found liable; if site conditions are not maintained to NWFA standards, improper acclimation of materials, inadequate installation, moisture breach of materials, improper moisture barrier, failure of radiant heat, improper cleaning and any and all abuse of flooring such as high heel marks.
If any of the Essex and Company flooring product(s) does not meet any of the applicable warranties in this Warranty as you claim, we will provide new stain and/or comparable flooring (of our manufacture and of similar color, pattern and quality), as applicable, for either the repair of the defective area or the replacement of the finish or floor product, at our option. In the unlikely event that the new finish or flooring fails to meet our warranty standards after a reasonable number of attempts, we will refund the portion of the purchase price for the finish and section of failed flooring. Our warranty only covers our product and does not include any additional costs for the repairs or replacement. These are the exclusive remedies available to you under all Essex and Company warranties.
The warranties described in this Warranty do not cover certain events beyond our control. The following is a list of limitations to our warranties not otherwise described in this Warranty. When specific examples are itemized, they are intended to be illustrative of a general category of limitations and are not intended to be exclusive.
YOU AND YOUR INSTALLER ARE RESPONSIBLE FOR INSPECTING FLOORING PRIOR TO INSTALLATION. WE ACCEPT NO RESPONSIBILITY FOR LIABILITIES, CLAIMS OR EXPENSES, INCLUDING LABOR COSTS WHERE FLOORING WITH VISIBLE DEFECTS HAS BEEN OR KNOWN DEFECTS HAS BEEN INSTALLED.
None of our installers, retailers, distributors, or employees have the authority to alter the obligations, limitations, disclaimers, or exclusions under any of our warranties.
We exclude, and will not be liable for or pay under the warranties in this Warranty, any and all incidental, consequential, punitive, or special damages. By this, we mean any loss, expense, or damage other than to the flooring itself that may result from a defect in the flooring. For example, these warranties do not include the removal or replacement of cabinets, fixtures, retail markups, installation or labor provided by others or supplemental costs, including but not limited to relocation during the repair process such as hotel, meals, or moving and storage of furniture.
Our limited warranties constitute the only express or implied warranties for the product purchased.
TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES OTHER THAN OUR LIMITED WARRANTIES DESCRIBED IN THIS WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IF ANY IMPLIED WARRANTY ARISES UNDER STATE LAW AND CANNOT BE DISCLAIMED, THEN ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE WRITTEN WARRANTY, TO THE EXTENT ALLOWED BY LAW.