(Effective Date: 09/30/2008)

Manufacturer (“PC”) warrants that its manufactured products, under “normal conditions of use” in an appropriate residential or commercial setting, will be free from defect for a period of five (5) years from the date of purchase. This specifically excludes the use of tiles in an area where excessive physical or chemical stress conditions are placed on the material, in which case this warranty will not apply. When used under normal conditions, PC warrants that its tiles will maintain a waterproof, slip-resistant surface; will not wear through; will not noticeably fade or discolor*; will not rip or tear; will not support mold, mildew or bacterial growth on the tile surface; and will not deteriorate from exposure to chlorine, bromine or similar pool and spa chemicals in concentrations contained within a normal swimming pool. This five-year express warranty is the sole warranty extended and replaces any statutory warranties. Damages resulting from customer misuse including negligence, physical, or chemical abuse are not covered under this warranty. Failure to report any warranty claim within thirty (30) days of defect discovery will result in loss of coverage of this defect under the warranty. Obvious visual defects and nonconformities must be reported within thirty (30) days of receipt of tiles and prior to installation for coverage under this warranty. Any installation of PC products in violation of Federal or State building codes shall render this warranty null and void. Actual tile color may vary slightly from photographic color images and product samples. Slight variations of color within normal construction and industry tolerances are not considered a product defect under this warranty.

The Manufacturer’s Limited Warranty does not cover damage or defects resulting from or in any way attributable to:

• Improper storage, handling or installation of the tiles, including
  • Failure to comply with the product Installation Manual
  • Failure to comply with the Care and Maintenance Guide
  • Use of improper adhesives during installation
  • Defective sub-surface or improper sub-surface preparation

• Abuse, lack of maintenance, neglect, abnormal use or misuse, negligence, application of unapproved solvents, dyes, bleaches, corrosives or other chemicals to the tiles; color change, fading or damage due to exposure to the sun*, unpadded furniture feet; damage from sand, pebbles or other abrasives or other unintended uses;
• Sliding heavy objects such as furniture and appliances, dropping heavy or sharp objects, damage from caster wheels, damage from spiked, cleated, or high-heeled shoes or exposure to undue wear and tear;
• Insect infestation after shipment from the point of origin;
• Burns and flames caused from cigarettes, cigars, flames, hot pans, or any other substance;
• Improper alterations of original manufactured product;
• Moisture problems (including sub-floor moisture, leaks, rain, etc.) or excessive dryness or heat;
• Settlement or movement of the structure to which the tiles are attached;
• Natural events such as hurricanes, tornadoes, earthquakes, and floods; or
• Variations in color, grain and markings as a result of extended exposure to sunlight or UV light*;
• Use in environments under -40 degrees Celsius/Fahrenheit or in excess of +100 degrees Celsius (+212 degrees Fahrenheit).

This warranty shall be void and of no further force or effect if any of the following events occur:

• The product is removed from the original place of installation, or
• Unauthorized repairs are made to the product

IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
This product (covered under United States Patent Numbers 6,818,676 and 7,173,070) is designed to provide a comfortable, slip resistant flooring in ‘wet areas’ such as pool decks, dock surfaces, boat decks, shower rooms, bathrooms, locker rooms, spas, commercial kitchens, beverage bars, ice cream parlors, and other similar settings. Any other contemplated usage must have the express written approval of PC or its authorized agent. Failure to comply with recommended applications voids this warranty. The duration of the implied warranty of fitness is the lesser of five-years or the maximum statutory period prescribed by law.

REMEDY LIMITATION & DISCLAIMER
If defects in materials or workmanship are discovered as warranted during the specified warranty period, then PC, at its sole discretion, will repair or replace the defective material. Remedy is limited to the replacement of materials only and in no case extends to reimbursement of labor or installation costs. Any repair or replacement under this warranty is limited to repair or replacement with colors and styles of products available at the time of repair or replacement. If the original design is no longer available, PC has the right to substitute another product design of equal or greater value than the original flooring.

LIMITATION OF LIABILITY
THIS LIMITED REPLACEMENT WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY PC AND REPLACES ALL OTHER ORAL OR WRITTEN WARRANTIES, LIABILITIES OR OBLIGATIONS OF PC. PC does not grant to any person or entity (including field representatives, installers, dealers, or distributors) the authority to create for it any obligation or liability in connection with its products. PC’S TOTAL, COMPLETE AND EXCLUSIVE LIABILITY HEREUNDER SHALL BE LIMITED TO REPLACEMENT OF DEFECTIVE PRODUCT AS PROVIDED HEREIN AND SHALL NOT EXCEED THE VALUE OF THE DEFECTIVE PRODUCT PURCHASED. PURCHASER WAIVES ALL OTHER REMEDIES, WARRANTIES AND LIABILITIES OF ANY KIND, EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. PC SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (WHICH INCLUDE, BUT ARE NOT LIMITED TO, LIQUIDATED DAMAGES) UNDER THIS LIMITED WARRANTY OR FROM ANY CAUSE WHATSOEVER, WHETHER BASED UPON WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. This exclusive and limited remedy shall not fail of its essential purpose by reason of timeliness, caused by reasons beyond PC’s reasonable control or the general concerns of purchaser or end-user. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so certain limitations or exclusions may not apply to you.

METHOD OF CONTACT
To file a claim, contact your authorized agent at SoftTec Products (972) 999-9998 or (888) 436-5404 or email customerservice@softtecproducts.com. You must be prepared to provide contact information, proof and a signed statement with full details of the original purchase, defect description, and other supporting information as requested. PC will investigate any substantiated claim in a reasonable time period and make a decision regarding replacement. If PC agrees that replacement is warranted then such end-user will receive the replacement Products and Product Components within 90 days of completion of the PC investigation.

* The tile is designed not to fade ‘under normal conditions.’ However, as stated above, the tiles may exhibit some degree of fading when exposed for extended periods to direct sunlight. This is especially apparent in the darker colored tiles. Also, under hot, sunny, and dry conditions, the tiles may retain sufficient heat to cause discomfort and damage to the skin upon contact. To minimize the fading and heat retention, it is recommended that lighter colors be used for outdoor applications.