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Foresta Flooring > Warranty

Residential Waterproof Warranty.

Foresta® Waterproof Flooring:

The manufacturer will warranty Foresta® Waterproof Flooring against any manufacturing defects for 20 years from the date of purchase. This warranty applies only to original purchasers, and is limited to normal residential use. This warranty is for Foresta® Waterproof Flooring first quality products only. Under the terms of this warranty, manufacturer will, at its option, replace or repair flooring materials subject to confirmation that said flooring material has not been cut, scratched, burned or otherwise abused, with said abuse to include, but not necessarily limited to, heavy or pointed furniture, casters, or any such related abuse as within the manufacturer’s sole discretion. In order to ensure compliance with the terms of this limited warranty, sharp or pointed furniture legs should be protected from damaging floors; floor must be properly installed on a flat level surface; and there should not be any bulges or protrusions contacting the Flooring. Damage caused by abuse, fire, cigarettes, falling objects, cutting, scratching, excessive heat, open flame, or improper installation will not be covered by this warranty. Replacement will be on a prorated basis after year two. Warranty restrictions will be determined completely by manufacturer. Manufacturer will not be liable for any loss of time, expenses, costs or consequential damage resulting in any form from a condition or problem claimed as a result of installing Foresta® Waterproof Flooring. Further, manufacturer makes no warranties or representations as to the merchantability or suitability of Foresta® Waterproof Flooring for any particular use and no other remedies shall be available except those stated above. Certain states do not permit the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.

Decora by Foresta® Waterproof Flooring:

With the 20-Year Residential Limited Warranty for vinyl plank, the manufacturer will warranty Decora, by Forestaâ Waterproof Flooring for twenty years, from the date of purchase, against any manufacturing defects and permanent stain or wear through from common household stains when installed and maintained according to instructions supplied with each carton. This product is waterproof and will not be damaged by exposure to water.  It is, however, not designed to be a waterstop or to prohibit water from entering other areas through joints, seams or other openings surrounding the flooring.  Furniture and chairs without protective pads, high-heeled shoes, and rolling carts can damage the floor and are not covered by this warranty. The floor must be reasonably flat and swept clean. No use of underlayment is required. This guarantee is pro-rated based on the amount of time the floor has been installed. Proof of purchase is required for all claims. This guarantee applies only to the original purchaser and is for replacement or refund of the vinyl planks only, no labor. With all claims for wear, a minimum dime size area must be shown. Contact the authorized dealer where the flooring was purchased if you wish to file a claim under warranty.

           

Terms and Conditions of Sale

Acceptance & Agreement: Foresta® Flooring, (hereinafter called "Seller"), hereby gives notice of its objection to any different or additional terms and conditions other than as stated herein. All sales are expressly made conditional on Buyer's assent to the following terms and conditions. Buyer's acceptance of the provisions of Seller's terms and conditions as recited herein shall be conclusively presumed upon Buyer's receipt of the goods, or if no written objection is received by Seller within ten (10) days from the date on Seller's order acknowledgement, whichever event shall first occur. These terms and conditions constitute the entire agreement between Seller and Buyer, and supersede all other communications between the parties, whether written and oral. No purported modification or waiver of the provisions hereof shall be binding upon Seller for any purpose unless it is contained in a writing signed by an authorized representative of Seller.

Quotations, Orders, Prices: Unless otherwise stated in writing, Seller's quotations are subject to acceptance by the Buyer within ten (10) days. Orders will be billed at prices in effect at time of shipment, unless otherwise so stated in the quotation. Published prices and discounts are subject to change without notice. Possession of price or discounts sheets in no way obligates Seller to sell to the Buyer possessing such price or discount sheets. Orders are subject to final approval and acceptance at Seller's or manufacturer's factory. Unless otherwise stated in writing, Seller reserves the right to ship plus or minus ten (10%) percent of specified quantity of items ordered. Unless otherwise stated on front side of Seller's Quotation, Order Acknowledgment or Invoice method of shipment by Seller shall in all cases be F.O.B. Seller's facility.

Sales and Similar Taxes: The Seller's prices do not include Federal, State or municipal sales, use excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use,excise or other similar tax applicable to the sale or use of the products hereunder, shall be paid by the Buyer, or in lieu thereof the Buyer shall provide the Seller with a tax exemption certificate acceptable to the taxing authorities.

Terms-Service Charge: Foresta® payment terms are 50% deposit on receipt of order and balance due C.O.D. On custom orders, a deposit of 50% is required and balance due at time of shipping. All sales are subject to credit approval. No cash discount is allowed. If payment is not received within the terms of sale, there will be a service charge of 1-1/2% per month (ANNUAL RATE: 18%) added to the account for each invoice that is delinquent (unpaid 10 days after invoice date). A services charge of 2% per month (ANNUAL RATE: 24%) will be added to all accounts that are 60 days past due. If you have any invoices over 10 days old, any orders you place will be shipped C.O.D. A DOWN PAYMENT OF 50% OF SPECIAL ORDER AMOUNTS ARE DUE WITH THE ORDER.

Method of Delivery: All prices on Seller's price sheets are F.O.B. Seller's plant. The shipment will be made freight collect or prepaid and added to the invoice. When method of shipment is specified by purchaser any additional expense will be borne by the purchaser.

Broken Package Charge: Seller reserves the right to raise order quantities to multiples of standard package per item, or assess a $50.00 broken package charge per item.

Cancellation or Delay by Buyer: No order or contract may be cancelled or delayed by Buyer except upon payment by Buyer of cancellation or delay charges, based upon expenses already incurred and commitments made by Seller. All cancellations are subject to acceptance by Seller's headquarters in E. Meadow, NY 11554

Returned Goods: Specific written request and arrangements must be made in advance in order for Buyer to obtain credit or replacement on material returned. Request for return of material must be made within 30 days of original shipping date. If the material being returned is currently priced in Foresta® Flooring price sheet, it can be replaced in like dollar amount of other priced items based on the original purchase price of the items returned as well as those itmes replacing the returned items subject to the following adjustments. Buyer must reimburse the Seller for outgoing shipping costs, prepay return shipment and pay a minimum handling charge of 25% or $20.00, whichever is more, plus any charges necessary to rework and/or repackage to resalable condition. All other items approved for return, Buyer must reimburse Seller for outgoing shipping costs, prepay return shipment and pay a minimum restocking charge of 25% or $20.00, whichever is more, plus any charges necessary to rework and/or repackage goods to resalable condition.

Delays,Damage or Loss: Notwithstanding any conditions contained in Buyer's purchase order (or other forms) to the contrary, Seller is not and shall not be liable for delays in shipment or delivery of materials, goods or equipment, detention thereof, loss or damage thereto,when due to acts of God, acts of the Buyer, acts of civil or military authority, priorities, U.S. governmental restrictions or embargoes, war, riot, fires, strikes, flood, epidemics, quarantine restrictions, default or delay by supplier, breakdown in manufacturing facilities, machinery or equipment, delays in transportation or difficulties in obtaining necessary materials, labor or manufacturing facilities due to such causes or any other cause beyond the control of seller of Seller's suppliers.

Limited Warranty: Manufacturer warrants to Buyer that the products and equipment to be delivered to Buyers will be free from defects in material and workmanship, when stored, installed, and maintained in accordance with recommendations of manufacture and standard industry practice and when used under proper and normal use. Seller or manufacturer shall in no event be responsible or liable for modifications, alterations, misapplication or repairs made to its products by Buyer or others, or for damage caused thereto by negligence, accident, or improper use by Buyer or others. No warranty is made with respect to products not manufactured by Seller, such being subject only to warranties made by their manufacturers. The warranty does not and shall not include reimbursements for expenses of labor, transportation, installation, removal from the line or any other expenses which may be incurred by Buyer. Seller is not responsible for variations in colors, shade patterns etc.

Disclaimer of Warranty: The foregoing warranty is exclusive and in lieu of all other warranties whether written, oral expressed or implies. There are no implied warranties of merchantability or fitness of any product for a particular purpose.

Exclusive Remedy: Manufacturer liability shall be limited to repairing or replacing the product found by manufacturer to be defective or non-conforming, or at Seller's option, to refunding the purchase price of such product. At Seller's request, Buyer shall send, at Buyer's expense, any allegedly defective product to the factory where it was manufactured.The remedy set forth above is exclusive. The repair or replacement of the product, or the refund of the purchase price, constitutes, fulfillment of all liabilities of Seller to Buyer under the warranties above-mentioned, whether based on contract, negligence of any kind, strict liability or tort, or otherwise with respect to or arising out of the product furnished hereunder. Before any material is returned, Buyer must contact Seller, as outlined under Returned Goods. Seller is not responsible for any damage caused during the installation or delivery of this product.

Limitation of Liability: Buyer expressly agrees that, notwithstanding any other provision of this contract, under no circumstances shall Seller's total aggregate liability resulting from:

1. The performance,failure to perform or breach of Seller's obligations herein,and  
2. Any activity undertaken by Seller with regard to equipment and services covered  by this contract, and                                                                                                  
3. All actions based on negligence of any kind, strict liability or tort on the part of Seller or its suppliers, and                                                                                         
4. Otherwise, exceed the price paid by Buyer for the product.                                    

Buyer expressly agrees that Seller will not be liable under any theory of liability for any penalty or for any indirect special, incidental or consequential damages. Including, without limitation, the loss of use, income, profits, or production, or increased cost of operation, or damage to material, or downtime costs, or costs associated with the removal of products from service or reinstallation, disassembly or reassembly, or claims of third parties against Buyer,arising in connection with the sale, installation, use of liability to use, or the repair or replacement of Seller's products. Buyer shall indemnify and hold Seller harmless for any liability to Buyer's employees, workers, contractors or any other persons beyond limitation provided in this section.

Limitation on Claims and Actions: Any claim by Buyer for breach of the foregoing warranty shall be deemed waived by Buyer unless submitted to Seller in writing within (30) thirty days from the date Buyer discovered, or by reasonable inspection should have discovered the alleged breach. Any cause of action for breach of the foregoing warranty shall be brought within one year after the cause of action has accrued.


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