Warranty Guide

65
Terms and Conditions
• If replacement is necessary, the limited warranty covers
the removal and disposal of the original carpet and the
cost and installation of the comparable replacement
carpet. Any other labor charges, costs for moving
furniture, equipment or baseboards, costs associated
with new carpet cushion, or other charges are your
responsibility and will not be paid by INVISTA.
• If the identical carpet is not available, a STAINMASTER®
carpet of comparable quality and value must be selected.
Comparability in carpet specifications is determined
by INVISTA. If a less expensive carpet is chosen, the
difference will not be refunded or applied to the claim to
cover padding or furniture moving.
• Labor costs are defined as removal and disposal of your
original STAINMASTER® carpet and installation of the
replacement carpet.
• You must reasonably cooperate with INVISTA in its efforts
to perform its obligations under these limited warranties.
THE FOLLOWING APPLIES TO ALL OF
THE LIMITED WARRANTIES INCLUDED
IN THIS BOOKLET:
These limited warranties give you specific legal rights,
and you may also have other legal rights which vary from
state to state. This may also be the case in Canada from
province to province. These limited warranties apply only
to wall-to-wall carpet installed and bound carpet purchased
in the U.S. or in Canada.
SUBJECT TO APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL INVISTA BE LIABLE TO YOU
FOR ANY LOST OR PROSPECTIVE PROFITS, LOSSES
OR DAMAGES ARISING FROM DELAY IN PERFORMANCE,
OR FROM ATTEMPTS OR FAILURES TO CLEAN COVERED
STAINS, REGARDLESS OF THE FORM OF THE CLAIM
OR CAUSE OF ACTION (WHETHER BASED ON CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER
TORT OR OTHERWISE), OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING
OUT OF THE PURCHASE OR USE OF THE PRODUCT
OR RESULTING FROM THE BREACH OF THIS LIMITED
WARRANTY, OR ANY IMPLIED WARRANTY. IN NO EVENT
SHALL THE CUMULATIVE LIABILITY OF INVISTA EXCEED
THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT.
FOR THE SAKE OF CLARITY, THE TERM “CONSEQUENTIAL
DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO,
LOSS OF USE AND LOSS OR DAMAGE TO PROPERTY,
AND THOSE INCIDENTAL AND CONSEQUENTIAL DAMAGES
REFERENCED IN §2-715 OF THE UCC.
Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. Also, some
provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
NOTICE OF ARBITRATION AGREEMENT
This agreement provides that all disputes between you and
INVISTA will be resolved by BINDING ARBITRATION.
You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert
or defend your rights under this contract (EXCEPT for
matters that may be taken to SMALL CLAIMS COURT).
• Your rights will be determined by a NEUTRAL
ARBITRATOR and NOT a judge or jury.
• You are entitled to a FAIR HEARING, BUT the arbitra
-
tion procedures are SIMPLER AND MORE LIMITED THAN
RULES APPLICABLE IN COURT.
• Arbitrator decisions are as enforceable as any court order
and are subject to VERY LIMITED REVIEW BY A COURT.
FOR MORE DETAILS:
• Review the below Section on “Dispute Resolution –
Mandatory Arbitration Provision,” or
• Visit the American Arbitration Association at www.adr.org,
or
• Call INVISTA at 1-800-438-7668.
DISPUTE RESOLUTION —
MANDATORY ARBITRATION PROVISION
THIS DISPUTE RESOLUTION PROVISION ONLY APPLIES
TO CONSUMERS RESIDING IN THE UNITED STATES WHO
PURCHASE STAINMASTER® CARPET. IT IS IMPORTANT
THAT YOU READ THIS ENTIRE SECTION CAREFULLY.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES
THROUGH FINAL AND BINDING ARBITRATION OF
INDIVIDUAL CASES BEFORE A NEUTRAL ARBITRATOR;
YOU GIVE UP THE RIGHT TO GO TO COURT AND HAVE
YOUR CLAIM DECIDED BY A JUDGE OR JURY OR
THROUGH A CLASS ACTION. You are entitled to a FAIR
HEARING, BUT the arbitration procedures are SIMPLER
AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order
and are subject to VERY LIMITED REVIEW BY A COURT.
(This section DOES NOT APPLY to matters that may be
taken to SMALL CLAIMS COURT.)
Binding Arbitration Of All Claims. The arbitration process
established by this section is governed by the Federal
Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. All disputes
arising out of or related to this Warranty (whether based
in contract, tort, statute, fraud, misrepresentation or any
other legal or equitable theory) (a “Claim”) shall be resolved
by final and binding arbitration of individual claims only
in accordance with this arbitration provision.
Only Individual Claims Permitted. NO DISPUTE BROUGHT
BY EITHER YOU OR INVISTA MAY BE JOINED WITH
ANOTHER LAWSUIT OR IN ARBITRATION WITH A DISPUTE
OF ANY OTHER PERSON, OR BE PURSUED OR RESOLVED
ON A CLASS-WIDE BASIS.
Broadest Interpretation. Any question about whether
a Claim is subject to arbitration shall be resolved by
interpreting this arbitration provision in the broadest
manner permitted by law to allow its enforcement.
All such questions will be decided by the arbitrator.
How the Arbitration Works. Any controversy or claim arising
out of or relating to this contract, or the breach thereof, shall be
settled by arbitration administered by the American Arbitration
Association (“AAA”) under its Commercial Arbitration Rules and
the Consumer-Related Dispute Supplementary Procedures, and
judgment on the award rendered by the arbitrator may be