Terms USA

 

Updated 2023

The Reclaimed Flooring Company Inc. (“Company”) Makes the Following Limited Warranties (“Warranties”) For All flooring products, stair pieces, joinery pieces and accessories (“Product/Products”).

Agreement

The terms of this Agreement apply to the exclusion of any terms and conditions submitted, proposed or stipulated by you in whatever form and at whatever time. These Terms and Conditions apply to all Products and Services.
Save as expressly provided in this Agreement, this Agreement shall operate to the entire exclusion of any other agreement, understanding or arrangement of any kind between the Parties preceding the date of this Agreement and in any way relating to the subject matter of this Agreement and to the exclusion of any representations not expressly stated in this Agreement except for any fraudulent misrepresentations or any misrepresentation as to a fundamental matter. Each of the Parties acknowledges that it has not entered into this Agreement based on any representation that is not expressly incorporated into this Agreement.
This Agreement constitutes the whole agreement and understanding of the Parties as to the subject matter of this Agreement and there are no provisions, terms, conditions or obligations, whether oral or written, express or implied, other than those contained or referred to in this Agreement.

Moisture and Humidity – PLEASE READ BEFORE BEGINNING INSTALLATION 

Room temperature and humidity of installation area should be consistent with normal, year-round living conditions for at least one week before installation of wood flooring. Room temperature of 65°F to 75°F and a humidity range of 35% to 65% should be maintained during acclimatization, installation, and afterward. Attention: – humidity levels below these recommended levels will likely cause movement in the flooring, including gapping between pieces and possible cupping. The Reclaimed Flooring Company cannot be held responsible for site conditions which may compromise the quality of the Product before during and after installation. Flooring formats, such as plywood based engineered wood flooring and solid wood flooring are particularly susceptible to showing movement such as edge-end shrinking and face checking from relative humidity below the stated minimums on site and/or subsequent wood expansion if installed over a wet sub floor where moisture levels are above the industry recommendations stated by the NWFA. Air conditioning units will also effect the air humidity levels and this should be considered if this means air humidity being outside of 35% to 65%, which is likely to cause movement or shrinkage in the flooring.

WHAT IS COVERED BY THE “COMPANY” LIMITED WARRANTY 

Limited Structural Integrity Warranty for as long as you own your floors .

The Reclaimed Flooring Company warrants to that all products in their original manufactured condition, shall be free from manufacturing defects in milling and grading for as long as you own your flooring (except as otherwise noted below). 

10  Year Residential Surface Finish Limited Warranty 

The surface finish for Flooring purchased for residential use is warranted by the Company not to wear through or separate from flooring for 10 years from the date of retail purchase under normal residential traffic conditions so long as all care and maintenance instructions provided by the Company upon request by the customer are followed. Failure to do so may void this warranty. 

3 – Year Commercial Surface Finish Limited Warranty 

The surface finish for Flooring purchased for commercial use is warranted by the Company not to wear through or separate from flooring for 3 years from the date of retail purchase under normal commercial traffic conditions so long as all care and maintenance instructions provided by the Company upon request by the customer are followed are followed. Failure to do so may void this warranty. 

It should be noted that all Hard Wax Oiled & Oiled finishes may last a lifetime with correct aftercare. Correct aftercare nourishes the oils with liquid wax which makes the oils less brittle and more durable. Correct aftercare is essential to the longevity of your floor finish – and it’s really simply to do. A Lacquered Floor also requires aftercare to improve the longevity of the finish, however a lacquered finish a lacquered finish cannot be patch repaired or locally repaired in the same way that a Hard Wax Oiled floor can be repaired. Please make sure that you are using the correct aftercare products but speaking to your sales representative for further information. If you are unsure, it is best that you do not use any aftercare or cleaning products until you have been advised by an official Company sales representative that the products you are using are suitable. 

12 month De-lamination Warranty 

The top layer of wood adhered to the plywood substrate will not de-laminate from the substrate for a period of 12 months, starting from when the Product has been delivered to the customer. In the very rare cases of de-lamination due to substandard manufacturing, any such de-lamination is likely to occur within the first few months after installation once the Product settles in to the new environment. Therefore, our 12 month warranty period is more than sufficient to cover any such errors in fabrication. This 12 month Warranty is only valid if the Product has been installed correctly as per NWFA recommendations, as written within this warranty document, failure to store the Product and install the Product correctly will void this Warranty. If de-lamination does occur, the Company will either repair the affected area or replace the wood pieces / boards that have de-laminated at no charge to the client. 

WARRANTIES APPLY TO ORIGINAL PURCHASER ONLY 

All Flooring warranties, including any implied warranties, apply to the original retail purchaser of the Flooring only.
All warranty coverage terminates if you sell or otherwise transfer the Flooring or the property to which the Flooring is attached. 

Limit on implied warranties to the greatest extent permitted by law, any implied warranty on flooring, including implied warranties of merchantability and/or fitness for a particular purpose, is limited in duration to the duration of this Warranty. Some states do not allow limitations on how long an implied Warranty lasts, so the above limitation may not apply to you. 

WHAT THIS WARRANTY DOES NOT COVER 

In order to be covered under this limited warranty, the Flooring must be properly installed by a licensed flooring contractor in accordance with all installation instructions supplied by NWFA. This warranty does not cover damage arising from improper installation of the Flooring. In order to be covered under this limited warranty, the Flooring must be purchased from an authorized dealer of The Reclaimed Flooring Company Company. The Company offers no additional warranties, express or implied, other than those set forth herein. Neither your retailer nor anyone else has the authority to alter the terms of this warranty. 

Any representations or promises made by your retailer or installer are not binding on The Reclaimed Flooring Company. This warranty does not cover minor separations between boards due to normal expansion and contraction that wood floors may experience, based on interior environmental conditions, subfloor conditions, weather conditions or other outside forces. This warranty does not cover cupping, delaminating, and/or crowning due to excessive moisture or humidity. This warranty does not cover damage resulting from the failure to properly maintenance and may be voided due to your failure to follow all The Reclaimed Flooring Company care and maintenance instructions for your specific Product purchased. 

This warranty does not cover damage caused by improper or incorrect use or application of any product or Flooring. 

This warranty does not cover the presence of naturally occurring elements of wood flooring present within the Product, including but not limited to, open knot holes, pits, worm holes, or other characteristics resulting from the wood flooring milling and fabrication, hand-scraping, texture, edge or surface texturing / ageing, hand-finishing, reclaimed, grading, sanding, and all variations of Product processing. This warranty does not cover any damage to properties or furniture or any such personal items caused by the presence of any infestations within the wood such as woodworm, beetle or any other insect or naturally occurring infestations. All Products have been kiln dried and/or fumigated where specified to kill and remove any such naturally occurring infestations, however the Company cannot guarantee the Products are free from any such infestations. This warranty does not cover damages caused by or relating to improper transportation, storage, or installation of the Flooring. This warranty does not cover any defects unless the square footage of such defective flooring exceeds ten percent (10%) of the total square footage of your purchased Flooring. 

This warranty does not cover manufacturing defects in Products and Flooring that have been installed, which were/are visible when closely inspected or which reasonably could have been discovered by you or your installer prior to installation. For example, dimension variations in thickness, length, width, or color, texture variation, or wood grade. If your product exhibits characteristics such as thickness variations and/or surface undulations, we recommends that your installer dry lay the boards first before fixing the boards down. Without such close consideration, there is a risk that excessive gapping or lipping will be present between the wood pieces, which may compromise the floor in terms of health and safety practicality. The Reclaimed Flooring Company is not responsible any injuries, discomfort caused by lipping / wood thickness variations between wood pieces. It is the installers responsibility to ensure all of the Product pieces are correctly laid out prior to installation and fixing down. You must notify The Reclaimed Flooring Company of any such manufacturing defects before installing Flooring. If not properly notified, The Reclaimed Flooring Company shall not be held liable for any costs or expenses incurred by the purchase or installation of any such defective or unsatisfactory Product. 

This warranty does not cover variances in grain, texture or color found in samples or photographs supplied by dealers or on the Company website or variances in texture, grain or color between samples and Flooring orders. This warranty does not cover any change to the Product or Flooring caused by exposure to light, water and oxygen, including any color change or the development of a wood color or patina over time. This warranty does not cover indentations, scratches or other damage caused by negligence, intentional acts, water, sand, dirt, girt, abuse or other misuse of the Flooring or Product. 

This warranty does not cover damages resulting from the failure to provide proper environmental conditions, including but not limited to maintaining proper humidity levels. This warranty does not cover surface checking or floor filler / putty popping out or opening up resulting from high or low relative humidity and/or mildew, discoloration, or cupping resulting from sub floor moisture. 

This warranty does not cover damage resulting from the failure to follow the Company’s installation and maintenance instructions, including but not limited to the failure to use  the highest quality of adhesives, moisture barriers, and failure to follow The Reclaimed Flooring Company Flooring maintenance product instructions. We recommend that you request these details from your sales representative and use only The Reclaimed Flooring Company approved maintenance products to clean and maintain your Flooring, including aftercare and maintenance products supplied by brands such as Osmo, Saicos Woca or Bona depending on the floor you have purchased. You must follow the maintenance instructions made available by the Company for the floor type you have purchased where you will be advised on which brand of products to use. Use of cleaning or maintenance products other than those specially formulated for the Flooring, or improper use or application of any cleaning or maintenance product, may cause damage to the Flooring and may void this limited warranty. 

This warranty does not cover damage resulting from the use of adhesive tape of any kind on any oil finished floor for any period of time. Failure to comply may result in removal of the finish. This warranty does not cover special, incidental or consequential damages of any kind. Some states do not allow the exclusion or limitation of special, incidental or consequential damages so the above limitation may not apply to you. 

RADIANT HEAT SYSTEMS 

Certain Flooring is warranted for use with Radiant Heat Systems. If such Flooring is installed over a radiant heating system, the surface temperature of the Flooring must not exceed 82 degrees Fahrenheit. Dramatic temperature changes may damage the Flooring. Flooring must be heated gradually in 5 degree Fahrenheit increments. It is recommended that a dedicated thermostat be installed to allow the temperature of the Radiant Heat System to be accurately controlled. For warranty coverage to apply, the Flooring must be authorized for use with a radiant heating system and the installation must conform to the manufacturer’s Special Instructions for Installations over Radiant Heat Systems, including the placement of approved under-floor heat sensors. For new solid wood or engineered, Reclaimed or Antique Wood Flooring products, if gaps appear between the wood pieces once installed due to wood shrinkage on site, we advise clients and installers that a 1/16” gap should be treated as a design feature and so we do not recommend filling these gaps unless in an areas where water spillages or splashes are likely to occur. For gaps larger that 1/8” we recommend filling these gaps with the appropriate floor filler, if there are too many of these large gaps present over 1/8”, then it must be considered that the Product was not correctly acclimatised prior to installation and the Product was installed incorrectly. The Company is not responsibly for gaps appearing between wood pieces / planks due to wood movement of any kind and wood shrinkage. 

WHAT THE RECLAIMED FLOORING COMPANY WILL DO 

It is the Customers responsibility or the Vendor to ensure that the Product ordered and delivered to site is fully inspected prior to installation. The Company is not liable for defective floorboards once they have been installed unless the boards: i. Delaminate in accordance with the Company’s warranty or ii. The finish is worm away in accordance with the Company’s warranty. The Reclaimed Flooring Company will, at its option, either repair and/or replace the Flooring which is defective or credit you for the portion of the purchase price attributable to the Flooring which is defective. Clients are responsible to pay for shipping and handling for any replacement Flooring, along with any and all other costs related to the defective Flooring (e.g., labor to remove Flooring, labor to install replacement Flooring, additional materials required to install replacement Flooring, removal of any household fixtures or furniture required to repair or replace the Flooring, hotel stays required due to repair or replacement, waste removal etc.). 

Due to the nature of the product, replacement Flooring and all accessories including stir pieces is not guaranteed to match the original Flooring in terms of color, tone, pattern or other natural characteristics of wood. These remedies are your sole and exclusive remedies under this warranty. Replacement Flooring will however closely match a section of the complete and installed floor.

HOW TO GET SERVICE 

First, contact your retailer or distributor. If you have additional questions or have additional questions or concerns, please contact The Reclaimed Flooring Company by telephone at +1 (800) 683-6943, +44 207 250 1108 or by email at [email protected] or [email protected]. 

Where possible, any complaints made under this warranty will be resolved within 30 days. However, due to the nature of certain complaints and/or forces outside The Reclaimed Flooring Company’s control, certain complaints may take longer to resolve. If your complaint has not been resolved by your retailer or by the Company within 30 days of your notification to the retailer, please contact The Reclaimed Flooring Company directly for further assistance. 

YOUR RIGHTS UNDER STATE LAW 

This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. 

GOVERNING LAW, FORUM AND VENUE 

This warranty shall be interpreted in accordance with the laws of the State of California, without regard to any choice of law provisions which might otherwise apply in California or elsewhere. The Reclaimed Flooring Company and customer agree that the Superior Court of California shall have exclusive jurisdiction to adjudicate any claim or controversy arising out of or relating to this warranty or any of the above mentioned flooring types. 

You acknowledge and agree that all actions or proceedings arising in connection with this warranty shall be tried and litigated exclusively in the County of Los Angeles, State of California. If any provision of this warranty is found to be unenforceable,
the remaining provisions will remain in full force and effect. 

The Reclaimed Flooring Company’s Installation Guidelines for the above mentioned flooring types are intended to offer general guidance they relate to all floors and Products by The Reclaimed Flooring Company and are NOT a replacement for a professional. For best results, we suggest using a National Wood Flooring Association-certified professional installer. The Reclaimed Flooring Company’s Products MUST be installed according to the National Wood Flooring Association’s (NWFA) installation guidelines in order for the The Reclaimed Flooring Company Limited Warranty to be valid. The most current publication of the NWFA guidelines is available to all NWFA members and can be found at www.nwfa.org. 

You can also search your area for an active NWFA Certified Professional Installer on NWFA’s website. 

Due to the natural materials and unique finishing processes used all Products may experience tonal and color variation between planks depending on time in or out of the packaging and conditions such as weather, temperature, location, moisture levels or proper maintenance and installation. To avoid dramatic variation mainly caused by aging, it is recommended installation be completed from the same lot of Product. Floorboards  and other Products ordered at a later date may also show various degrees of color variation because of the nature of wood flooring being a natural product. 

Permitted Use
You may electronically copy, duplicate and print portions of this website as long as You retain all copyright, trademark or other proprietary notices along with the material. Any other use of this Site or its content requires our express written permission.

Trademarks and Copyright
All content contained in this web site, including but not limited to text, software, music, sound, photographs, video, logos, trademarks (whether or not registered), service marks, or graphics is protected by copyright, trademark, patent or other proprietary rights and laws. It is owned by The Reclaimed Flooring Company Inc, or The Reclaimed Flooring Company Inc has the legal right to use it. © 2023, All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify logos, trademarks or service marks in any way without our prior written permission. The use of our trademarks on any other web site is prohibited. Use of our marks as a “link” on or from any other web site is expressly prohibited by The Reclaimed Flooring Company Inc unless prior written permission is obtained.

Links
This website may contain links to third party sites. Access to any other Internet site linked to this web site is at Your own risk and The Reclaimed Flooring Company Inc is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites and does not warrant that these sites do not contain viruses or other features that may harm Your computer. The Reclaimed Flooring Company Inc provides these sites links as a convenience and does not endorse the companies or contents of any of these linked sites.

Privacy
The Reclaimed Flooring Company Inc collects information about the users of this web site. Collection of this information is governed by The Reclaimed Flooring Company Inc’s Online Privacy Policy

Disclaimer of Warranties
The Reclaimed Flooring Company Inc makes no warranty that this web site will meet Your requirements or that it will be uninterrupted, timely, secure or error free; nor does The Reclaimed Flooring Company Inc make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, The Reclaimed Flooring Company Inc PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS MEANS The Reclaimed Flooring Company Inc  PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, The Reclaimed Flooring Company LLC  DOES NOT REPRESENT, WARRANT OR GUARANTY THAT YOUR USE OF THE CONTENT ON THIS WEB SITE WILL NOT INFRINGE OR VIOLATE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF OTHERS. IN NO EVENT SHALL The Reclaimed Flooring Company Inc OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF The Reclaimed Flooring Company Inc  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
WHILE The Reclaimed Flooring Company Inc MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE, The Reclaimed Flooring Company Inc ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. The Reclaimed Flooring Company Inc SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PERSONAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF The Reclaimed Flooring Company Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE AS WELL AS THOSE DAMAGES CAUSED BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
You agree, at Your own expense, to indemnify, defend and hold harmless The Reclaimed Flooring Company Inc, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of Your violation of these Terms of Use or in connection with Your use of this web site, its Content, features or functionality.

Termination of Use
The Reclaimed Flooring Company Inc may discontinue, suspend or modify this web site at any time without notice, and Reclaimed Flooring Company Inc may block, terminate or suspend Your access to the System at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights
Any rights not expressly granted herein are reserved.