Warranty

January 2, 2017
121 high hill road • swedesboro, nj 08085 • P: 856-662-1981 • E: [e-mail]
QuietCure™ UltraSeal 25 Year Limited Warranty for Floating Floor Systems
Diversified Foam Products, Inc. d/b/a Diversified Industries (“Diversified”) warrants to the original purchaser (the “Purchaser”) of QuietCure UltraSeal
underlayment (the “Product”) that when installed under laminate, engineered or solid hardwood flooring within one (1) year of the date of purchase
in accordance with Diversified’s then current installation requirements, which can be found on Diversified’s website at www.floormuffler.com (the
“Installation Requirements”), and for a period of Twenty-Five (25) years thereafter (the “Warranty Period”): (i) the Product will perform as an
acoustical underlayment; (ii) the Product will be free from defects in materials and workmanship; and (iii) the Product will prevent damage to the
installed floating floor system from concrete sub-floor moisture and vapor emissions up to three (3) lbs./1,000 sq. ft./24 hours. For the warranty in
subsection (iii) to be in effect, Purchaser must perform through a reputable provider a calcium chloride moisture test on all subfloors prior to
installation, the written results of which must be delivered to Diversified with the warranty claim within the Warranty Period. This limited warranty is
non-transferable.
This limited warranty shall not apply to defects or other problems with the Product caused by any of the following, as reasonably determined by
Diversified: (1) misuse, abuse or neglect; (2) wear and tear, or indentations, depressions or marking, caused to flooring, from ordinary use; (3) any
type of surface spills including, without limitation, human or pet spills of any type; (4) other discharges or releases of liquid including, without
limitation, from broken pipes, hoses and rain water; (5) installation of the Product that fails to comply with the Installation Requirements, or other
use of defective installation supplies or inadequate installation techniques; or (6), damage in transit or during installation. This limited warranty only
applies to the Product itself and not to the manner of installation over which Diversified has no control. Minor indentations, blemishes or
discoloration of the Product do not constitute a defect under this limited warranty. This limited warranty is not valid for installations when the
Product is installed as a used product.
This limited warranty is valid only provided that written notification of a defect, as well as a copy of the original receipt for the defective Product, is
received by Diversified from Purchaser within thirty (30) days of identification of the defect, and within the Warranty Period. Diversified reserves the
right to inspect the Product and its installation. Purchaser providing Diversified with access to the premises at which the Product is installed shall be
a condition to any claim hereunder. If Diversified determines that a defect in the Product is covered by this limited warranty, it will, at its expense
and as its sole and exclusive obligation for breach of this limited warranty, and Purchaser’s sole and exclusive remedy, (i) replace the defective
Product, and (ii) repair or replace all areas of primary flooring damaged by the defect in the Product as determined by Diversified, up to a maximum
amount of $5.00/sq. ft. of damaged flooring, inclusive of labor costs. If Diversified determines that an alleged defect in the Product is not covered by
this limited warranty, it shall not have any obligation to repair or replace the Product or any primary flooring and Purchaser shall pay all costs
incurred in connection with the examination of the Product including, without limitation, any travel and/or shipping costs.
TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE, AND IN LIEU OF AND EXCLUDING ALL OTHER
WARRANTIES OF DIVERSIFIED, ITS DISTRIBUTORS, RESELLER, AGENTS AND REPRESENTATIVES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. DIVERSIFIED’S LIABILITY WITH RESPECT TO THE PRODUCT TO PURCHASER AND ANY PARTY FROM WHICH PURCHASER
PURCHASED THE PRODUCT, DIRECTLY OR INDIRECTLY, IS LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY SET FORTH HEREIN,
EXCEPT TO THE EXTENT SPECIFICALLY PRECLUDED BY APPLICABLE LAW. IN NO EVENT SHALL DIVERSIFIED’S LIABILITY TO PURCHASER AND ANY PARTY
FROM WHICH PURCHASER PURCHASED THE PRODUCT, DIRECTLY OR INDIRECTLY, EXCEED THE AMOUNT PAID BY SUCH PERSON OR ENTITY FOR THE
PRODUCT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL DIVERSIFIED HAVE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT OR THE MARKETING OR SALE THEREOF, WHETHER THE CLAIM IS
BASED UPON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SOME STATES DO NOT ALLOW
LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE
This limited warranty applies regardless of the brand of laminate, engineered or solid hardwood floor covering installed with the Product. Should any
manufacturer of a particular brand of laminate, engineered or solid hardwood floor covering refuse to honor its warranty solely as the result of the
installation of the Product rather than another brand of underlayment, Diversified will honor the flooring manufacturer’s original warranty in the
event of damage to its laminate, engineered or solid hardwood floor covering caused directly by a failure of the Product to conform to this warranty
provided Purchaser delivers to Diversified written evidence of the denial of a warranty claim, and the denial specifically states that sole reason for the
denial is that the Product was used in the installation instead of another brand of floor covering.
This limited warranty is governed by the laws of the State of New Jersey. Any warranty claim, or other dispute arising out of or related to this limited
warranty or the Products, shall be brought exclusively in the state or federal courts located in the State of New Jersey, the exclusive jurisdiction and
venue of which Purchaser and any party from which Purchaser purchased the Product, directly or indirectly, irrevocably consent to for this purpose.