Warranty

Forbo Limited Residential Warranty
Marmoleum® Click Cinch LOC™
v1.01 10/2019 Page 3
7. This Limited Warranty does NOT cover obvious physical defects existing at the time of installation or any construction related damages.
8. This Limited Warranty does NOT cover gaps between the joints of the Marmoleum® Click Cinch LOC™ at the time of installation. Should there be
a gap or obvious physical defect at the time of installation, the flooring should not be installed. Should the installation continue under such a
situation, this Limited Warranty does NOT apply.
9. This Limited Warranty does NOT cover claims regarding Drying Room Yellowing / Ambering of Marmoleum®. While Marmoleum® and linoleum
products are maturing in the drying stoves, a yellow cast, called “drying room yellowing” or “ambering” may appear on the surface. This yellow
cast is caused by the oxidation of linseed oil and is TEMPORARY. It occurs intermittently and with varying intensity. It is most noticeable on blue
and grey shades of material. When the material is exposed to light, the drying room yellowing will disappear. The process may take as little as a
few hours in bright sunlight or longer with artificial light. Because this is a natural occurrence in the product, there is no set time frame for the
yellowing to disappear. This is not a material defect. In regards to floor care, applying finish to the material before the drying room yellowing
disappears will make no difference; it will still disappear with exposure to light.
10. This Limited Warranty does NOT cover installation of the product in medium to heavy commercial applications or for industrial applications.
J. Additional Important Legal Terms
1. This warranty is governed by and will be construed in accordance with the substantive laws of Pennsylvania, without regard to any of that state’s
conflict of laws principles that would require application of the substantive law of another jurisdiction. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to this warranty.
2. THE LIMITED WARRANTY DESCRIBED ABOVE IS FORBO’S SOLE WARRANTY ON FLOORING MATERIALS. ALL OTHER WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, ARE EXPRESSLY DISCLAIMED AND EXCLUDED
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FORBO ALSO MAKES NO EXPRESS WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE.
3. FORBO SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM WARRANTY DEFECTS IN
FORBO FLOORING MATERIALS INCLUDING, WITHOUT LIMITATION, LOSS OF USE OF PREMISES AND LOSS OF REVENUES OR PROFITS.
4. THE WARRANTY REMEDIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF FORBO FLOORING PRODUCTS
TO COMPLY WITH FORBO’S WARRANTY FOR ANY OTHER CLAIMED DEFECTS IN FORBO FLOORING MATERIALS.
5. FORBO’S TOTAL, AGGREGATE LIABILITY FOR BREACHES OF THIS LIMITED WARRANTY OR FOR ANY OTHER CLAIMED DEFECT IN FORBO
FLOORING MATERIALS IS LIMITED TO THE AMOUNT OF THE ORIGINAL PURCHASE PRICE OF THE FLOORING MATERIALS.
6. All disputes arising from or in connection with this Limited Warranty, or its breach, or with respect to any defect in Forbo flooring products, and
not amicably resolved, shall be decided solely by litigation in the Court of Common Pleas of Luzerne County, Pennsylvania or, if subject matter
jurisdiction exists and either party timely elects, in the United States District Court for the Middle District of Pennsylvania, by trial to a judge sitting
without a jury. As conditions of this Limited Warranty, the parties consent to personal jurisdiction and venue in these identified courts and waive
any rights they might otherwise have to object to personal jurisdiction or venue or to transfer a proceeding to another venue.
7. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY WITH RESPECT
TO ANY DISPUTE ARISING FROM OR IN CONNECTION WITH (A) THIS WARRANTY OR ITS BREACH, OR (B) ANY CLAIMED DEFECT IN
FORBO FLOORING PRODUCTS, REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, BREACH OF WARRANTY, CONTRACT,
BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
8. As conditions precedent to commencing suit on this Limited Warranty, the Purchaser or End-User must submit a warranty claim to Forbo, and
must give Forbo at least thirty (30) days’ written notice, at the address shown in Section E.1, of its intent to sue. All actions arising from or in
connection with this Limited Warranty must be brought within one (1) year after the Purchaser’s submission of its warranty claim to Forbo.
9. If any product defect claims relating to Forbo flooring materials are brought against Forbo’s affiliates, rather than Forbo itself, or if Forbo or any of
its affiliates are sued for remedies in excess of those allowed by this Limited Warranty, Forbo and its affected affiliates will be entitled to recover
their legal fees and costs incurred in defending against the claims in excess of those allowed by the warranty.
10. The Limited Warranty is not assignable or transferable, and may be enforced only by the original Purchaser or End-User.
11. The Purchaser and End-User are expressly cautioned that Forbo has not authorized and will not authorize any person, including, without
limitation, any field representative, agent, employee, dealer, distributor or contractor to modify the terms of this warranty in any way. The
warranty may be modified only in a writing signed by Forbo’s Vice President.