WARRANTY
AND LIABILITY
1. Warranty against manufacturing defects:
SIMPLYBAMBOO warrants to the original purchaser that its
bamboo plank and finish are free from manufacturing defects
in material and workmanship at time of purchase.
2. Lifetime structural warranty
SIMPLYBAMBOO offers a lifetime guarantee against delamination
to the original purchaser provided the planks are installed
and maintained according to SIMPLYBAMBOO recommendations.
3. 25 year residential finish warranty
SIMPLYBAMBOO warrants, to the original purchaser, that the
surface finish will not wear through or separate from the wood
for a full twenty five years from the date of purchase. This
warranty is effective provided the planks are used under normal
residential traffic conditions and provided the planks are installed
and maintained according to SIMPLYBAMBOO recommendations.
4. 5 year commercial finish warranty
SIMPLYBAMBOO warrants, to the original purchaser, that the
surface finish will not wear through or separate from the wood
for a full five years from the date of purchase. This warranty
is effective provided the planks are used under light commercial
traffic conditions and provided the planks are installed and
maintained according to SIMPLYBAMBOO recommendations. Examples
of light commercial traffic include schools/classrooms, retail
stores, commercial offices, bars, and restaurants.
The warranty set forth above is made subject
to the following conditions and exceptions:
It does not extend to or cover any damage, warping,
cupping, discoloration or any other defect caused by accidents,
alterations, misuse, abuse, and direct exposure to the elements
or improper installation.
Recommended care and maintenance provided by
SIMPLYBAMBOO must be adhered to and the flooring be used
for its intended purpose. Exposure to extreme heat, dryness,
moisture, water saturation (including routine wet mopping) and
other sources of extreme moisture or extreme changes in moisture
or temperature must be avoided. Alteration or repair that is
not manufacturer authorized will void the warranty in its entirety.
Warranty excludes discoloration, scratches,
impact damage or wear from heavy furniture or equipment used
without proper protection to the floor. Warranty excludes indentations,
scratches or surface damage caused by lack of proper maintenance,
moisture, water erosion, negligence, spiked heel shoes, pebbles,
sand and other such abrasives. Any damage or defects resulting
from the settlement or movement of the structure to which the
flooring is adhered to is excluded by warranty. Exposure to
sunlight over time may bring about subtle changes in the color
of the planks; these changes may vary in areas of the floor
that receive direct and indirect sunlight. This is not a product
defect.
If SIMPLYBAMBOO determines that a valid claim
is made under this warranty, it will repair or replace, at its
option, the affected flooring material. This warranty covers
the repair or replacement of the affected material only, it
does not cover any labor cost or any incidental costs or consequential
damages and will be repaired or replaced within a commercially
reasonably time period from the date that the claim is deemed
valid by SIMPLYBAMBOO. If flooring product for which the
claim is being made is no longer available, SIMPLYBAMBOO will replace affected flooring material with product of equal
or greater value.
Any claims under this warranty must be made
in writing, within 30 days after it has been detected or should
have been detected, and mailed to the following address:
SIMPLYBAMBOO
Claims Department,
Simplybamboo Ltd, Unit R, Rudford Industrial Estate
Ford, West Sussex, BN18 0BD
Or email your claim at the following email address:
info@simplybamboo.co.uk
If after a reasonable number of attempts SIMPLYBAMBOO is unable to substantially correct the defect covered under
this warranty, SIMPLYBAMBOO will refund the purchase price
for the portion of the floor that is not able to be reasonably
corrected. SIMPLYBAMBOO reserves the right to have a designated
SIMPLYBAMBOO representative inspect the floor and remove
samples for evaluation of the claim.
This warranty is not transferable; it extends
only to the original consumer purchaser. This warranty is limited
to a one time repair or replacement of defective material and
shall be the buyer’s exclusive remedy. NO OTHER WARRANTIES,
EXPRESSED OR IMPLIED, ARE MADE AND UNDER NO CIRCUMSTANCES SHALL
SIMPLYBAMBOO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM
THE PURCHASE, USE OR LIABILITY TO USE THIS PRODUCT OR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
SIMPLYBAMBOO EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
PARTY'S LIABILITY FOR ANY AND ALL CLAIMS ARISING IN CONNECTION
WITH THIS AGREEMENT WILL EXCEED THE AMOUNTS PAID TO SIMPLYBAMBOO FOR
THE SERVICES AND PRODUCT WHICH PROXIMATELY CAUSED THE EVENT
FOR WHICH DAMAGES ARE CLAIMED AND IRRESPECTIVE OF WHETHER SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR
DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS
DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
Save as provided herein, SIMPLYBAMBOO shall
not be bound by any representations, agreements, undertakings
or warranties made by any person whatsoever, whether in the
employ of SIMPLYBAMBOO or not, pertaining to the use or installation
of the flooring.
The parties agree that this Agreement and warranty
will be governed by the laws of the United Kingdom.
FORCE MAJEURE
Neither party hereto will be held responsible
for any delay or failure in performance of any or all of the
terms of this Agreement to the extent that such delay or failure
is caused by fire, flood, explosion, war, riot, strike, embargo,
government requirements, earthquakes, civil or military authorities,
Act of God or by public enemy, transportation facilities, acts
or omissions of carriers or other causes beyond control of SIMPLYBAMBOO. In such case, the party whose performance is affected
or is likely to be affected thereby shall notify the other party
of the occurrence of such cause. If, as a consequence of such
cause, performance by a party under this Agreement shall be
prevented for a period longer than by one month, then the party
shall have the right to cancel this Agreement.
This Agreement shall constitute the entire agreement
between the parties on the subject matter thereof and shall
supersede all and any prior agreement, undertakings, representations
and understandings between the parties whether oral or written.
Any amendment or alteration to this Agreement shall not be effective
unless it is in writing and signed by the parties’ duly
authorized representatives.
If any term or provision in this Agreement shall
be held to be illegal or unenforceable, in whole or in part,
under any enactment or rule of law, such term or provision or
part shall to that extent be deemed not to form part of this
Agreement but the validity and enforceability of the remainder
of this Agreement shall not be affected.