Mirth Studio Limited Residential Warranty

Introduction

Mirth Studio (hereafter “Mirth Studio”) manufactures all of its tiles using the highest manufacturing standards and very strict quality controls resulting in tiles which are milled to a very tight tolerance and with fewer defects than industry standards. With proper installation [1] and maintenance[2] you will enjoy your new Mirth Studio tiles for many years to come.

The Mirth Studio Residential Warranty consist of a (1) pre-installation, (2) finish and (3) structural warranty, which covers all Mirth Studio tiles manufactured after October 1, 2013 and purchased from Mirth Studio directly or through authorized dealer in the United States or Canada.

The residential warranty applies to the original purchaser of any Mirth Studio tiles assuming your tiles have been paid for in full and you have purchased the tiles for your own residential use and not for resale.  These warranties are not transferable and do not apply to nonresidential, rental or commercial installations.  Please see applicable commercial and project warranties.

Pre-Installation Warranty:

Engineered wood floor tiles, like solid wood flooring, is a natural product, which will contain some variations in grain and color.  Mirth Studio uses guidelines similar to NOFMA guidelines for oak flooring allowing up to 5% of the square footage to contain below grade flooring and/or milling defects.  It is the responsibility of the installer to inspect the tiles at the time of installation.  If the installer believes the tiles to be the wrong color, grade, gloss or has manufacturing defects then they should not install the floor and contact Mirth Studio or their authorized retailer.  Mirth Studio does not have control over job site conditions and installation methods, therefore, tiles that have been installed are deemed to be acceptable to the installer as to their grade milling and finish and are not a warranty defect.  Mirth Studio will refund or replace the purchase price of defective material in excess of the 5% acceptable allowance.

Finish Warranty:

Mirth Studio factory-applied UV cured aluminum oxide finish offers superior durability and wear through resistance.  Mirth Studio will warrant to the original purchaser that the finish will not blister, peel off the tile, or wear through for 15 years under residential use provided all Mirth Studio floor care and maintenance instructions are followed.

The Finish Warranty excludes indentations, scratches or surface damage caused by abuse and abnormal wear, including but not limited to: pet scratches, high heel indentations, improper maintenance, water, wet-mopping, sand, grit and other abrasives. Gloss reduction and surface scratches are not considered surface wear and are excluded from this warranty. Finish defects and problems are evaluated according to NWFA and NOFMA standards from a standing position in normal lighting conditions.

Wood flooring is a natural product made from trees.  Since every tree is different, the color and grain patterns of your tiles may vary from piece to piece and will be subject to oxidation. Over time, the exposure to light and oxygen will change the color of your tiles, developing a unique, individualistic patina. Some species of wood are more sensitive to light than others and will oxidize quicker than other species. With these species we recommend that rugs and furniture be periodically moved so the floor will age more evenly. Due to the natural variation of wood color, graining and oxidation, Mirth Studio is not responsible for the flooring not matching the showroom samples. Color and grain variation are not covered by this warranty.

Lifetime Structural Warranty:

Mirth Studio offers a lifetime warranty to the original purchaser that our engineered floor tiles will not delaminate.  Delamination occurs when one of the multiple layers of material separates from another layer of material. All of our engineered floor tiles are manufactured to exterior/marine standards using a waterproof adhesive to laminate the layers together producing a more dimensional stable wood floor than the standard 3⁄4” solid wood flooring.

Although engineered wood floor tiles are more stable than solid wood floors they are still a natural wood product and are subject to the hydroscopic properties of all woods.  Wood will naturally take on moisture in humid conditions and release moisture in dry conditions.  The amount and rate of moisture the tiles absorb varies with species.  In order to lessen the hydroscopic effects of your wood floor, maintain normal environmental conditions of 40%-60% indoor relative humidity. The use of a humidifier/dehumidifier may be necessary to maintain proper humidity levels.  Shrinking, swelling, cupping, seasonal cracks, small seasonal surface cracks or checks are to be expected with variations in humidity levels and are not warranted.  The previously mentioned environmental related problems will correct themselves when the humidity returns to the recommended range of 40%-60%.

The Structural Warranty excludes, but not limited to, damages caused by flooding, leaking pipes, natural disasters, improper installations and wet sub floors. Installations over radiant heat require special care. Be sure to follow the radiant  heat installation instructions[3].

Warranty Exclusions:

The following is not covered under this warranty:

       Improper handling during shipping and storing after the tiles pass from Mirth Studio control.

       Improper job site conditions or excessive sub floor moisture.

       Improper installation—Mirth Studio installation instructions should be followed.

       Improper care and maintenance or failure to follow Mirth Studio floor care instructions.

       Insect infestation once the tiles pass from Mirth Studio control.

       Failure to provide the correct indoor environment conditions specifically temperature, relative humidity and moisture content.

       Improperly refinishing the tiles.  Despite our long-lasting UV cured finish your floor will naturally show signs of wear with everyday use.  Recoating or refinishing your tiles provides a less intrusive alternative to a complete resand and finish. Recoating and/or refinishing of Mirth Studio tiles are not authorized under the finish warranty and therefore are not warranted by Mirth Studio.  However, if recoating is necessary the installer/refinisher should first test the tiles for finish compatibility and adhesion prior to recoating the tiles, and then follow the finish manufacturers recoating recommended procedures.  The tiles are then covered by the floor finish manufacturer’s warranty.

Warranty Process:

If you have any problems with your Mirth Studio tiles please contact Mirth Studio or the authorized dealer where you purchased the floor.  Please note the dealer is not authorized to make any decisions regarding warranty coverage or remedies; however, they are the first person to contact if a problem occurs.

Please provide the authorized dealer with the original purchaser’s identification, a paid in full invoice showing date of purchase and installation location.  If the dealer is unable to answer your claim then Mirth Studio will send a claim form to be completed and returned to process your claim.  A warranty claim must be filed within six months of occurrence of the flooring problem.  Mirth Studio reserves the right to inspect the floor within 45 days of receipt of the completed claim form, and to remove samples if necessary, prior to any determination of remedy or warranty coverage.  Refusing to provide the opportunity for a Mirth Studio representative to inspect the floor, if necessary, will void these warranties. Inspections are performed in accordance with NWFA andNOFMA standards.

Corrective Actions and Resolutions:

The remedy for any of the above listed warranty items, at the option of Mirth Studio is to: repair the defective tile(s), replace defective tile(s), refinish defective finishes, exchange the tiles for another Mirth Studio tile floor of equal value or refund the purchase price of tiles as shown on your original invoice.

The refund amount does not include any costs associated with the removal/replacements of furniture, cabinets, and appliances or other fixtures, or temporary living accommodations.  The repair and replacement of defective tiles due to manufacturing defects applies to tiles in excess of the industry standard of 5% and is for material only.  Replacement of defective tiles will not take place until an agreed upon labor rate for tile replacement is met.  If the consumer/builder replaces tiles prior to the labor rate being agreed upon, Mirth Studio will be responsible for the cost of the material only. If Mirth Studio deems a recoat is necessary, the Mirth Studio Floor warranty will stay in effect.

Warranty Disclaimers (The Small Print):

Mirth Studio neither assumes nor authorizes any other person or entity to assume for it any obligation in connection with the sale of this product. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties, merchantability and fitness for a particular purpose are limited in duration to the duration of the express warranty. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you. Mirth Studio’s obligation under this warranty shall be limited to, at its option, providing replacement of shortages, exchanging of defective products or refund of purchase price of tiles with visible defects returned to Mirth Studio prior to installation in excess of the 5% industry standard.  For tiles with delamination or finish problems see corrective actions and resolutions listed above.  Mirth Studio assumes no liability for incidental or consequential damages.  However, some states do not allow  the exclusion of limitation of incidental or consequential damages, so this exclusion may not apply.  The sole purpose of the remedies provided is the repair and/or replacement of defective products.  This remedy shall be the buyer’s exclusive remedy and shall not be deemed to have failed of its essential purpose so along as Mirth Studio is willing to replace/repair such defective goods or refund the purchase price for the tiles.  This warranty does not apply to any product or products offered as seconds, tavern grade, specials or not standard items.  Or any products designated to be sold as is.

This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.  The failure of either party to enforce any of the provisions of this agreement shall not be construed as a waiver of such provisions or the right of any party thereafter to enforce each and every provision.  The terms of this agreement may not be extended, discharged, amended or modified in any way except by a written agreement signed by an authorized representative of each party. This agreement shall be construed in accordance with the laws of the State of South Carolina.

[1] See specific installation instructions for your type of installation.[2]  See Mirth Studio Tile Maintenance and Floor Care Guidelines. [3] See Mirth Studio Tiles Radiant Heat installation instructions.

Mirth Studio Limited Commercial Warranty

Introduction

Mirth Studio (hereafter “Mirth Studio”) manufactures all of its tiles using the highest manufacturing standards and very strict quality controls resulting in tiles which are milled to a very tight tolerance and with fewer defects than industry standards. With proper installation [1] and maintenance[2] you will enjoy your new Mirth Studio tiles for many years to come.

The Mirth Studio Residential Warranty consist of a (1) pre-installation, (2) finish and (3) structural warranty, which covers all Mirth Studio tiles manufactured after October 1, 2013 and purchased from Mirth Studio directly or through authorized dealer in the United States or Canada.

The commercial warranty applies to the original purchaser/site owner of any Mirth Studio tiles, assuming your tiles have been paid in full and you have purchased the tiles for light commercial use and not for resale.  Light commercial use consists of business offices, retail operations either stand alone or in shopping malls and other non-food service stores.  These warranties are non-transferrable and do not apply to food service installations, residencies and high-rise/condo projects.  Please see applicable residential and project warranties.

Pre-Installation Warranty:

Engineered wood floor tiles, like solid wood flooring, is a natural product, which will contain some variations in grain and color.  Mirth Studio uses guidelines similar to NOFMA guidelines for oak flooring allowing up to 5% of the square footage to contain below grade flooring and/or milling defects.  It is the responsibility of the installer to inspect the tiles at the time of installation.  If the installer believes the tiles to be the wrong color, grade, gloss or has manufacturing defects then they should not install the floor and contact Mirth Studio or their authorized retailer.  Mirth Studio does not have control over job site conditions and installation methods, therefore, tiles that have been installed are deemed to be acceptable to the installer as to their grade milling and finish and are not a warranty defect.  Mirth Studio will refund or replace the purchase price of defective material in excess of the 5% acceptable allowance.

Finish Warranty:

Mirth Studio factory-applied UV cured aluminum oxide finish offers superior durability and wear through resistance.  Mirth Studio will warrant to the original purchaser that the finish will not blister, peel off the tile, or wear through for 10 years under residential use provided all Mirth Studio floor care and maintenance instructions are followed.

The Finish Warranty excludes indentations, scratches or surface damage caused by abuse and abnormal wear, including but not limited to: pet scratches, high heel indentations, improper maintenance, water, wet-mopping, sand, grit and other abrasives. Gloss reduction and surface scratches are not considered surface wear and are excluded from this warranty. Finish defects and problems are evaluated according to NWFA and NOFMA standards from a standing position in normal lighting conditions.

Wood flooring is a natural product made from trees.  Since every tree is different, the color and grain patterns of your tiles may vary from piece to piece and will be subject to oxidation. Over time, the exposure to light and oxygen will change the color of your tiles, developing a unique, individualistic patina. Some species of wood are more sensitive to light than others and will oxidize quicker than other species. With these species we recommend that rugs and furniture be periodically moved so the floor will age more evenly. Due to the natural variation of wood color, graining and oxidation, Mirth Studio is not responsible for the flooring not matching the showroom samples. Color and grain variation are not covered by this warranty.

Lifetime Structural Warranty:

Mirth Studio offers a lifetime warranty to the original purchaser that our engineered floor tiles will not delaminate.  Delamination occurs when one of the multiple layers of material separates from another layer of material. All of our engineered floor tiles are manufactured to exterior/marine standards using a waterproof adhesive to laminate the layers together producing a more dimensional stable wood floor than the standard 3⁄4” solid wood flooring.

Although engineered wood floor tiles are more stable than solid wood floors they are still a natural wood product and are subject to the hydroscopic properties of all woods.  Wood will naturally take on moisture in humid conditions and release moisture in dry conditions.  The amount and rate of moisture the tiles absorb varies with species.  In order to lessen the hydroscopic effects of your wood floor, maintain normal environmental conditions of 40%-60% indoor relative humidity. The use of a humidifier/dehumidifier may be necessary to maintain proper humidity levels.  Shrinking, swelling, cupping, seasonal cracks, small seasonal surface cracks or checks are to be expected with variations in humidity levels and are not warranted.  The previously mentioned environmental related problems will correct themselves when the humidity returns to the recommended range of 40%-60%.

The Structural Warranty excludes, but not limited to, damages caused by flooding,  leaking pipes, natural disasters, improper installations and wet sub floors. Installations over radiant heat require special care. Be sure to follow the radiant heat installation instructions[3].

Warranty Exclusions:

The following is not covered under this warranty:

       Improper handling during shipping and storing after the tiles pass from Mirth Studio control.

       Improper job site conditions or excessive sub floor moisture.

       Improper installation—Mirth Studio installation instructions should be followed.

       Improper care and maintenance or failure to follow Mirth Studio floor care instructions.

       Insect infestation once the tiles pass from Mirth Studio control.

       Failure to provide the correct indoor environment conditions specifically temperature, relative humidity and moisture content.

       Improperly refinishing the tiles.  Despite our long-lasting UV cured finish your floor will naturally show signs of wear with everyday use.  Recoating or refinishing your tiles provides a less intrusive alternative to a complete resand and finish. Recoating and/or refinishing of Mirth Studio tiles are not authorized under the finish warranty and therefore are not warranted by Mirth Studio.  However, if recoating is necessary the installer/refinisher should first test the tiles for finish compatibility and adhesion prior to recoating the tiles, and then follow the finish manufacturers recoating recommended procedures.  The tiles are then covered by the floor finish manufacturer’s warranty.

Register Your Floor:

The above listed warranties become effective when you register your floors with Mirth Studio within 90 days of installation.  You can register online at www.Mirth Studio.com or complete the warranty form enclosed with your flooring and return it to Mirth Studio, Charleston SC.  In order to make a warranty claim you must provide proof of purchase and the installation location.  Failure to register your floor with Mirth Studio voids all warranty coverage.

Warranty Process:

If you have any problems with your Mirth Studio tiles please contact Mirth Studio or the authorized dealer where you purchased the floor.  Please note the dealer is not authorized to make any decisions regarding warranty coverage or remedies; however, they are the first person to contact if a problem occurs.

Please provide the authorized dealer with the original purchaser’s identification, a paid in full invoice showing date of purchase and installation location.  If the dealer is unable to answer your claim then Mirth Studio will send a claim form to be completed and returned to process your claim.  A warranty claim must be filed within six months of occurrence of the flooring problem. Mirth Studio reserves the right to inspect the floor within 45 days of receipt of the completed claim form, and to remove samples if necessary, prior to any determination of remedy or warranty coverage.  Refusing to provide the opportunity for a Mirth Studio representative to inspect the floor, if necessary, will void these warranties. Inspections are performed in accordance with NWFA andNOFMA standards.

Corrective Actions and Resolutions:

The remedy for any of the above listed warranty items, at the option of Mirth Studio is to: repair the defective tile(s), replace defective tile(s), refinish defective finishes, exchange the tiles for another Mirth Studio tile floor of equal value or refund the purchase price of tiles as shown on your original invoice.

The refund amount does not include any costs associated with the removal/replacements of furniture, cabinets, and appliances or other fixtures, or temporary living accommodations.  The repair and replacement of defective tiles due to manufacturing defects applies to tiles in excess of the industry standard of 5% and is for material only.  Replacement of defective tiles will not take place until an agreed upon labor rate for tile replacement is met.  If the consumer/builder replaces tiles prior to the labor rate being agreed upon, Mirth Studio will be responsible for the cost of the material only. If Mirth Studio deems a recoat is necessary, the Mirth Studio Floor warranty will stay in effect.

Warranty Disclaimers (The Small Print):

Mirth Studio neither assumes nor authorizes any other person or entity to assume for it any obligation in connection with the sale of this product. This warranty is the complete and exclusive expression of our warranty and is in lieu of all other express and/or statutory warranties. Any implied warranties, including but not limited to the implied warranties,  merchantability and fitness for a particular purpose are limited in duration to the duration of the express warranty. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you. Mirth Studio’s obligation under this warranty shall be limited to, at its option, providing replacement of shortages, exchanging of defective products or refund of purchase price of tiles with visible defects returned to Mirth Studio prior to installation in excess of the 5% industry standard.  For tiles with delamination or finish problems see corrective actions and resolutions listed above.  Mirth Studio assumes no liability for incidental or consequential damages.  However, some states do not allow the exclusion of limitation of incidental or consequential damages, so this exclusion may not apply.  The sole purpose of the remedies provided is the repair and/or replacement of defective products.  This remedy shall be the buyer’s exclusive remedy and shall not be deemed to have failed of its essential purpose so along as Mirth Studio is willing to replace/repair such defective goods or refund the purchase price for the tiles.  This warranty does not apply to any product or products offered as seconds, tavern grade, specials or not standard items.  Or any products designated to be sold as is.

This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.  The failure of either party to enforce any of the provisions of this agreement shall not be construed as a waiver of such provisions or the right of any party thereafter to enforce each and every provision.  The terms of this agreement may not be extended, discharged, amended or modified in any way except by a written agreement signed by an authorized representative of each party. This agreement shall be construed in accordance with the laws of the State of South Carolina.

[1] See specific installation instructions for your type of installation.[2]  See Mirth Studio Tile Maintenance and Floor Care Guidelines. [3] See Mirth Studio Tiles Radiant Heat installation instructions.