TAVY THIN-SKIN TWO-PART UNDERLAYMENT SYSTEM TM
CERAMIC TILE, NATURAL STONE, AND MARBLE UNDERLAYMENT
15-YEAR LIMITED WARRANTY
TAVY Enterprises, LLC (Manufacturer) warrants that its Thin-Skin Underlayment and Thin-Skin #007 Glue (Products) are free from defects in manufacturing and materials for a period of (a) one (1) year from original purchase if not installed, or (b) fifteen (15) years from the date the Products were originally installed (the Limited Warranty Period), whichever comes first.
This Limited Warranty covers only damage to ceramic tile, natural stone, and marble flooring (subject to the exclusions and limitations provided herein). In no case does this Limited Warranty apply to any failure or nonconformance with specifications caused by or attributable to any associated or complementary products not supplied under this contract. The Limited Warranty and remedies are conditioned upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of Manufacturer, including proper installation and use instructions, and (b) Customer promptly notifying Manufacturer of any defects and, if required, promptly making the products available for correction.
If any products or service fails to meet the foregoing warranties, Manufacturer shall thereupon correct any such failure either, at its option, (i) by repairing any defective or damaged products, (ii) by replacing the products, or (iii) refunding the purchase price of the specific products for which the warranty claim is made. Subject to the limitations included herein, the repair or replacement options include the replacement cost of the products as well as reasonable material costs to replace or repair any ceramic, natural stone and marble flooring that is directly damaged by the products or during reasonable efforts to repair or replace the products. Where a failure cannot be corrected by Manufacturer's reasonable efforts, the parties will negotiate an equitable adjustment in price. Manufacturer does not warrant any products or services of others designated by Customer.
Manufacturer's obligation under this warranty shall terminate immediately upon any modification of products by Customer or any unintended use of the products by Customer or others, unless made with the approval of Manufacturer.
THE PRECEDING PARAGRAPHS SET FORTH THE EXCLUSIVE REMEDIES FOR CLAIMS BASED ON DEFECT IN OR
FAILURE OF PRODUCTS OR SERVICES, WHETHER THE CLAIM IS IN CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Upon the expiration of the Limited Warranty Period, all such warranty liability shall terminate and Customer shall have a reasonable time, not to exceed thirty (30) days after the Limited Warranty Period, to give written notice of any defects covered under this Limited Warranty that appeared during the Limited Warranty Period. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY.
To obtain performance of any Limited Warranty obligation, the Customer must contact the Manufacturer at the toll free number listed below or by mail at the address listed below, and request a Claim Form. Claim Forms must be completed and returned to the Manufacturer within the Limited Warranty Period to be valid.
TAVY Enterprises, LLC
Attention: Thin-Skin Underlayment System Claim Department
PO Box 2420
Vernon, CT 06066
In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall Manufacturer's liability to Customer for any loss or damage arising out of, or resulting from this agreement, or from the performance or breach thereof, or from the products or services furnished hereunder, exceed the price of the specific products or service which gives rise to the claim. Any such liability, except for a claim under the Limited Warranty specified herein, shall terminate one (1) year from the date of original purchase (the "Liability Period"). Any such claim of liability, except for a claim under the Limited Warranty specified herein, must be timely commenced in accordance with the applicable statute of limitations, but in no event later than one (1) year from the termination of the Liability Period.
In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall Manufacturer be liable for any special, consequential, incidental or exemplary damages including, but not limited to, loss of profit or revenues, loss of data, loss of use of the products or any associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, downtime cost, or claims of customers of the Customer for such damages. If the Products or services being provided by Manufacturer will be furnished by the Customer to a third party by contract or otherwise or relate to a contract between the Customer and a third party, the Customer shall obtain from such third party a provision affording Manufacturer the protection of this Article.
In no event shall Manufacturer be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of products or caused by the use of products by the Customer against the advice of Manufacturer. If Manufacturer furnishes Customer with advice or other assistance which concerns any products supplied hereunder or any installation or setting in which any such products may be installed and which is not required pursuant to this agreement, the furnishing of such advice or assistance will not subject Manufacturer to any liability, whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. For the purposes of this Article, the term Manufacturer includes Manufacturer subcontractors and suppliers.