NEXGEN Marble warrants that manufactured products purchased and installed in the United States will be free from defect for a period of ten years from date of purchase. A defect is defined as a shortfall in the product to perform to NEXGEN Marble specifications as disclosed in product literature within industry-allowable tolerances.
Customer misuse - including negligence, physical or chemical abuse - is not covered by this warranty. Installation defects are not covered by this warranty. Products installed outdoors are not covered by this warranty. Normal wear and tear is not covered by this warranty. All products must be inspected prior to installation. Visual defects or nonconformities apparent prior to installation voids this warranty. In such cases, the customer must contact NEXGEN Marble or an authorized representative for potential returns processing.
If a defect in materials or workmanship is discovered within the ten-year period, NEXGEN Marble will provide a replacement product after a reasonable number of attempts to remedy product defects. Buyer’s remedy is limited to replacement or repair of the defective product. No consequential (including, but not limited to, lost profits) or incidental damages are recoverable. Any representations made in connection with the sale of this product that differs from the terms of this warranty are not valid and should be brought to the attention of NEXGEN Marble immediately.
To Make a Claim: The original purchaser must notify a NEXGEN Marble sales service center in writing within 30 days of the discovery of any defect. After notification, NEXGEN Marble or an authorized representative will inspect and/or test the product for defects and complete a product claim action form. No claim will be honored without product inspection by NEXGEN Marble or an authorized representative. NEXGEN Marble reserves the right to repair, replace or refund the price of the originally purchased product.
The limited warranties do not cover conditions caused by improper use or maintenance, such as (but not limited to):
- Reduction in gloss, marks, scuffs, scratches, gouges, dents or cuts, including without limitation, those caused by pets;
- Damage caused by negligence, accidents, misuse or abuse (i.e., dragging objects across the floor without proper protection);
- Wear caused by pebbles, sand (or other abrasives), construction traffic or failure to maintain the floor as required;
- Damage caused by caster wheels or vacuum cleaner beater bars;
- Failure to support furniture with floor protectors that are at least one-inch in diameter, made of non-staining felt or non-pigmented hard plastic, rested flat on the floor and are replaced regularly;
- Damage caused by fire, flooding (and other natural disasters) and Acts of God.
The following are not considered defects and therefore NOT covered by these warranties:
- Changes in color due to aging, excessive moisture, exposure to sunlight or ultraviolet light;
- Color, shade or texture variations between samples, printed color photography or replacement flooring and the actual material;
- Noises including but not limited to squeaks, popping, etc.;
- A product deformity that is not measurable or that is visible only under certain conditions (from certain light or angle) is not considered a defect and is therefore not covered by these warranties. Visible defects should be evaluated by their visibility from a standing position in normal lighting;
- Floors damaged by subfloor moisture or water damage, including without limitation, due to broken or leaking water pipes, flooding, wet-mopping spills or weather conditions;
- Crowning, bowing or cupping may occasionally be found in products prior to installation. However, these are not defects because the tiles will lay flat upon installation;
- Any installation defects, including installations made: (i) in violation of applicable state or local housing or building codes, or (ii) contrary to installation instructions.
NOTE: YOU AND YOUR INSTALLER ARE RESPONSIBLE FOR INSPECTING FLOORING PRIOR TO INSTALLATION. WE ACCEPT NO RESPONSIBILITY FOR LIABILITIES, CLAIMS OR EXPENSES, WHERE FLOORING WITH VISIBLE DEFECTS HAS BEEN INSTALLED.