Revision 1. February 2017
A06 - GUARANTEES AND WARRANTIES
A06-1 Introduction
A06-2 Guarantees and Warranties
A06-2 Guarantees and Warranties
Preface:
This reference guide covers guarantees and warranties for flooring materials. Individuals using this guide should verify such requirements with individual flooring manufacturers for flooring products specified or used.
1 • INTRODUCTION
.01 Over and above the one year materials and labour warranty that is part of a construction contract a number of other guarantees and warranties may be provided by a flooring product manufacturer and/or by the flooring supplier / contractor. These either extend the one year labour and materials warranty or provide additional coverage and should be issued in writing as of the date of Substantial Performance.
.02 Manufacturers, suppliers, and flooring contractors would soon be out of business if they had to constantly pay out on claims against their wares so they must ensure that their products and efforts meet the conditions of any additional coverage offered. Such offers are therefore usually a good indication of a products long-term performance and quality. Recognizing and understanding this is a reliable way of knowing what you are buying.
.03 In jurisdictions where the Quality Assurance Program is applicable the National Floor Covering Association through the applicable Accredited Quality Assurance (AQA)
Provider offers a two (2) year Guarantee or a 100% Two (2) year Maintenance Bond that warrants that flooring work has been performed in accordance with the requirements
of the NFCA Quality Assurance Program. When this "additional" coverage is required by an Owner the cost of this Guarantee or Maintenance Bond must be included in the Bid
Price for the Work. For additional information on this refer to Part A04 - Quality Assurance Program.
This reference guide covers guarantees and warranties for flooring materials. Individuals using this guide should verify such requirements with individual flooring manufacturers for flooring products specified or used.
1 • INTRODUCTION
.01 Over and above the one year materials and labour warranty that is part of a construction contract a number of other guarantees and warranties may be provided by a flooring product manufacturer and/or by the flooring supplier / contractor. These either extend the one year labour and materials warranty or provide additional coverage and should be issued in writing as of the date of Substantial Performance.
.02 Manufacturers, suppliers, and flooring contractors would soon be out of business if they had to constantly pay out on claims against their wares so they must ensure that their products and efforts meet the conditions of any additional coverage offered. Such offers are therefore usually a good indication of a products long-term performance and quality. Recognizing and understanding this is a reliable way of knowing what you are buying.
.03 In jurisdictions where the Quality Assurance Program is applicable the National Floor Covering Association through the applicable Accredited Quality Assurance (AQA)
Provider offers a two (2) year Guarantee or a 100% Two (2) year Maintenance Bond that warrants that flooring work has been performed in accordance with the requirements
of the NFCA Quality Assurance Program. When this "additional" coverage is required by an Owner the cost of this Guarantee or Maintenance Bond must be included in the Bid
Price for the Work. For additional information on this refer to Part A04 - Quality Assurance Program.
2 • GUARANTEES AND WARRANTIES
.01 The terms warranty and guarantee are commonly used interchangeably. This is incorrect. What is the difference?
.02 Any warranty or guarantee must clearly indicate in writing the terms and conditions, and period of coverage, and name the Owner / consumer as the beneficiary. As each includes limitations and disclaimers each must be carefully reviewed to clarify what is covered as well as what the Owner's obligations are. Sometimes for example a warranty will not cover certain types of installations in certain areas. Other limitations may include the following:
.03 Under any guarantee or warranty an Owner has certain rights as well as obligations that must be maintained and fulfilled.
NOTE: When reviewing any guarantee or warranty always remember that "the big print giveth and the little print taketh away."
.01 The terms warranty and guarantee are commonly used interchangeably. This is incorrect. What is the difference?
- A guarantee is a three party undertaking between an Owner / consumer and a flooring supplier / contractor that is guaranteed by a third party, i.e., it is a collateral agreement most often in the form of a financial security for the performance of another's undertaking (the supplier / installer).
- A warranty is two-part undertaking between an Owner / consumer and a material manufacturer (e.g., a flooring manufacturer). There are a number of warranties offered by flooring product manufacturers. Some of these include:
- Manufacturing defect warranties: These cover defects in materials and workmanship but do not cover appearance.
- Appearance retention warranties: These are probably the most common warranties. These warrant that the flooring product will provide a specified level of appearance subject to proper care and maintenance. It offers no protection against manufacturing defects and makes no performance promises.
- Wear warranties: These offer a level of physical or abrasive wear, subject to proper care and maintenance and irrespective of appearance. It offers no protection against manufacturing defects and makes no performance promises.
- Colourfastness warranties: These offer assurances against the product fading under specific conditions.
- Stain resistance warranties: Since there are a lot of stain-resistance processes on the market, proven results should be reviewed. Some cover only common household spills such as soft drinks, milk, etc.
- Product warranties: These cover faulty materials (including backing) and manufacturers special protective treatments.
- Installation warranties (over and above one year construction warranty). These cover installation deficiencies such as seam failures, stretching, bubbling, etc.
- Adhesive manufacturer warranties: These usually cover adhesive failure and include materials and may also include labour.
.02 Any warranty or guarantee must clearly indicate in writing the terms and conditions, and period of coverage, and name the Owner / consumer as the beneficiary. As each includes limitations and disclaimers each must be carefully reviewed to clarify what is covered as well as what the Owner's obligations are. Sometimes for example a warranty will not cover certain types of installations in certain areas. Other limitations may include the following:
- Limited to original purchaser only.
- Limited to first quality materials only.
- Improper installation.
- Improper maintenance or inadequate care.
- Accidents, abuse, or abnormal wear.
- Material on stairs and limitations in regard to nosings.
- Deterioration of cushion (e.g. material below carpet or laminate flooring).
- Moisture problems.
- Exclusion of commercial or non-residential installations.
- Differences in colour from samples.
- Changes in colour due to external causes (such as sunlight, household chemicals, non-food or non-beverage substances, etc.)
.03 Under any guarantee or warranty an Owner has certain rights as well as obligations that must be maintained and fulfilled.
- Almost any performance warranty will be dependent on proper maintenance, but some can be more unreasonable that others. Any guarantee or warranty must be reviewed to see exactly what the care requirements are for the flooring material installed and if those requirements are reasonable. Most guarantees and warranties also give specific legal rights, which may vary from province to province. Owners who do not maintain the guarantee or warranty requirements will typically void their coverage.
- If there is a problem, what will the warranty / guarantee provider do about it? A proper guarantee or warranty will spell out exactly how the manufacturer will compensate the Owner if there is a problem. Often however the compensation program starts on a minimal level and drops quickly from there. It is important to understand the reimbursement policy before purchase. A flooring manufacturer's policy is another indication of how strongly the product is supported.
NOTE: When reviewing any guarantee or warranty always remember that "the big print giveth and the little print taketh away."