Disclaimer of implied warranties.
All implied warranties which may arise by implications of law or application of course of dealing or usage of trade- including, but not limited to implied warranties of merchantability or fitness for a particular purpose – are expressly excluded. No warranties, express, implied, statutory, or otherwise, extended beyond those expressly set forth in this warranty statement, and all such warranties are expressly disclaimed.
By implied warranties we mean warranties that the law presumes to have been given by the seller even though they are not set in writing.
Manufacturing defects Warranty
This warrants that all Vivid resilient SPC and glue-lay LVT and LVP products listed above will be free from manufacturing defects in materials and workmanship for a specified period from date of invoice, provided that the warranty set forth shall apply only if such products are installed and maintained in accordance with the written instructions in the Vivid warranty statement. Such warranty shall be voided if such products are removed from the site of their original installation. Vivid will not reimburse labor costs for owner installed flooring.
Terms Defect Residential and Commercial Installations:
Within one Year: if a defect covered by this warranty is reported to Vivid, within one year of purchase, Vivid will supply new material of similar color, pattern and quality to replaced the defective material; Vivid will also pay reasonable and fair labor costs if original material was professionally installed.
Within Two Years: if a defect covered by this warranty is reported to Vivid within two years of purchase, Vivid will supply new material of similar color, pattern and quality to replace the defective material; Vivid will also pay fifty percent of reasonable and fair labor costs if the original material was professionally installed.
Limited Commercial and Residential Wear Warranty:
Vivid warrants that all Vivid resilient SPC and glue-lay LVT plank and tile flooring products listed above will not wear through the wear layer. This flooring will not rip, tear or panel edges will not curl from normal foot traffic, will not permanently indent from normal house hold use, for a period of time as specified in the3 above listed chart from the original dated of invoice when properly installed and maintained in accordance with Vivid recommendations.
All products listed are suitable for residential use in seasonal areas that are not heated in winter months
Vivid defines “Commercial,” as public space areas within commercial buildings that get exposed to heavy foot traffic. Examples include: corridors, retail stores, lobbies, restaurants, elevator cabs, etc.
“Light commercial,” is defined as residential spaces within commercial buildings. Area’s with less foot traffic including: hotel rooms, housing, small retail spaces, etc. Ultimately the choice of which product to use in a particular space is left to the end user, designer and flooring contractor. Vivid, when consulted is happy to make recommendations concerning the appropriate product for a given area.
Abrasive wear is defined as the loss of wear layer from normal foot traffic so the pattern or design of the product has been removed. Diminished gloss level isn’t defined as wear trough. Removal of wear layer as a result of improper cleaning agents, equipment of methods or failure to properly maintain or protect resilient flooring from damage is specifically excluded from the Vivid wear warranties.
Lifetime Limited Waterproof Warranty:
The floor plank or tile is warranted to be 100% waterproof and the structural integrity of the plank or tile will not be significantly diminished by exposure to water (unless excessive), for the life of the product.
While moisture will not affect the floors integrity, it is probable that, when excessive moisture accumulates in buildings or on building materials, mould and / or mildew growth can occur, particularly when moisture problems are undiscovered or un addressed by the home owner or end user.
Prorated terms:
If resilient flooring covered by this warranty is reported to Vivid withing the specified warranty period that is specified in the chart above, vivid will supply new material of similar color, pattern and quality to replace the defective material. Vivid will also pay reasonable and fair labour costs if materials are professionally installed.
Coverage:
Without limiting the generality of the forgoing, such warranties do not cover the following:
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Installers workmanship of failure to properly protect floor covering before, during or after installation from scratches or other trades. Workmanship errors should be addressed to the contractor who installed the floor.
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Minor shading, color or texture between products and samples of photographs.
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Material installed with obvious defects.
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Installation with adhesives other than those recommended by Vivid
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Dissatisfaction, problems or damage due to installation and / or maintenance other that as recommended by Vivid.
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Damage die to accidents, gouges, scuffs, scratches, indentations or excessive point loads, vacuum beater bar, castor wheels, and cutting from sharp edges.
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Damage from high heels, spike heels, or inappropriate chair casters or glides.
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Inappropriate end user activities
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Discoloration, including but not limited to U.V. light, heat sources.
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Discoloration from underlayment panels, mold mildew, rubber mates, asphalt or deicer tracking.
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Dissatisfaction, problems or damage due to irregularities caused by subfloor, including but not limited to moisture, alkali or hydrostatic pressure in subfloor.
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Failure of click LVT is excessively wet areas like bathrooms.
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Damage caused by flood, fire or abuse.
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Damage resulting from mould and / or mildew growth due to prolonged exposure to moisture not discovered or attended to.
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Related to; Limited Waterproof Warranty; damage to surrounding structure, walls subfloor, fixtures, furniture, underlayment, mouldings, trims sub-floor heating elements, or anything that is not the floor planks or tile.
Claims:
Any claims must be made within seven days after purchaser or end-user learns of the facts upon which such claim is based. All claims not made in writing and received by Vivid within the time period is specified above shall be deemed waived. Any claims for surface defects or variations in color must be communicated to Vivid in writing prior to the actual installation. If the product is already installed, then Vivid, or their approved source must examine and verify the defect.