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Disclaimer
Miracle Tile does not guarantee the completeness, applicability
of the accuracy of the information contained on this
site, nor the suitability of the products described
herein for any particular purpose. No warranties of
any kind, either expressed or implied, are made with
respect to the products described on this site. The
user assumes all risk and liability in connection with
such usage. Miracle Tile shall not be liable for any
damages, lost profits or injuries resulting from your
use or inability to use information obtained from this
site before you act upon it.
Miracle Tile reserves the right to change or modify
any of the information contained on this Internet site
without notice but we make no commitment to update such
information.
The information contained herein is provided "As
is" without warranty of any kind, either expressed
or implied, including but not limited to the implied
warranties or merchantability, fitness for a particular
purpose and non-infringement.
Warranties
Limited Warranty: Goods furnished by Seller shall
conform to the product description for such goods. All
first quality goods are warranted to be free from defects
in material and workmanship at the time of shipment
. Miracle Tile products are warranted to be free from
defects in material and workmanship at the time of shipment.
Written notice of any claimed defect must be received
by Miracle Tile within one month after the date of installation.
Seller shall convey good title to Buyer. Color shade
may vary from printed illustrations or samples. Seconds
or irregular materials are sold as is without warranty
as to quality in any respect.
THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE
AND IN LIEU OF ALL WARRANTIES EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES ARISING FROM COURSE OF DEALING
OR USAGE OR TRADE. SELLER MAKES NO WARRANTY EXPRESS
OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE.
Product Suitability and Installation: Seller shall
have no responsibility for determination of the suitability
of the goods for the uses and applications contemplated
by Buyer and/or others, and such determination shall
be the sole responsibility of Buyer and/or others. Suggestions
or recommendations made by Seller in its product literature
concerning uses or applications of the goods are believed
to be reliable, but Seller makes no warranty or guarantee
of results to be obtained, since conditions of the use,
application and installation by Buyer and others are
beyond Seller's control and will vary at each site location.
Miracle Tiles does not give any warranty for installations
involving bonding the tile to a floor substrate. If
bonding Miracle Tile to a floor substrate it is the
installers responsibility to select the correct bonding
agent and recommendations on floor preparation by follow
specific label instructions or manufacturers guidelines.
Claim Period and Remedies: Prompt written notice
shall be given to Seller of any claim of breach of warranty
or otherwise relating to the goods. Should any failure
to conform to these warranties under normal and proper
use occur within the warranty period, Seller will supply,
without charge, new goods of the same or similar color,
design and grade for the defective goods or, at its
option, Seller may refund the purchase price thereof
with due allowance made for the service rendered by
the goods returned. Inspection by an authorized representative
of Seller will be required to verify that a manufacturing
defect exists. The remedies provided above are the Buyer's
sole remedies for any failure of Seller to comply with
its obligations. Correction of any nonconformity by
replacement or by refund of the purchase price of the
nonconforming goods (less allowance for use) shall constitute
complete fulfillment of all the liabilities of Seller
with respect thereto whether the claims of Buyer are
based in contract, or tort (including negligence), or
otherwise.
Limitation of Liability: Seller shall not be
liable in contract, in tort (including negligence),
or otherwise for damage or loss of other property, loss
of profits or revenue, loss of use of property or equipment,
claims of customers of the Buyer, or for any special,
indirect, incidental, or consequential damages whatsoever.
Under no circumstances shall Seller's liability exceed
the purchase price of the goods in respect of which
damages are claimed. Miracle Tile shall not be liable
for labor or for any other costs incurred in the repair
or replacement of flooring tiles, nor shall Miracle
Tile be liable for any special, indirect, incidental
or consequential damages.
Disclaimers and Caveats: Miracle Tile rubber flooring
products will conform to the buyers' expectations given
such reasonable variations as generally acceptable in
the trade. Product variations include but are not limited
to pattern registration, color variation, fleck dispersion
and other product attributes not specifically covered
by specifications indicated in this literature.
Exclusions:
The Miracle Tile rubber flooring products warranty excludes:
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The exact matching
of shade, color or mottling. |
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Any expressed or
implied promise made by any salesman or representative. |
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A tear, burns, cuts
or damage due to improper installation, improper
use or improper cleaning agents or maintenance methods. |
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Labor costs for
installation of original or replacement material. |
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Sale of "Seconds",
"Off Goods" or other irregular (non-first
quality) flooring materials. With respect to "Seconds"
or "Off Goods", such are sold "as
is", and Miracle Tile makes no warranties whatsoever,
expressed or implied, with respect thereto, including
warranties of merchantability or fitness for a particular
purpose. |
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Problems caused
by moisture, hydrostatic pressure, or alkali in
the sub floor. |
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Problems caused
by uses, maintenance and installation that is contrary
to Miracle Tile's specifications, recommendations
or instructions. |
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Material installed
with obvious defects. |
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Damage to flooring
products from high heels or spike heels. |
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Installation of
Miracle Tile products with adhesives |
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Material that is
not installed and maintained as recommended by Miracle
Tile. |
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Tiles may have slight
color variations not detected at the factory. All
tiles must be dry laid and examined under standard
lighting conditions for color acceptance before
being installed. |
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Certain
chemicals and various substances normally attack
rubber formulations. Miracle Tile should not be
used in commercial kitchens and/or areas where
impregnation from cooking oils, vegetable fats,
etc. is likely to occur. If any particular chemicals
or substances are going to be present in the environment,
adequate testing should be done in advance to
ensure suitability for the application.
Return
Policy
Closed packages: Because we cannot accept
returns of products once they have been opened,
before opening each product please check its packaging
and label carefully to be sure you received the
correct product and version. If the original packaging
and seal is still intact, you may return the product
to us within 30 days from purchase for an exchange,
merchandise credit or refund (excluding shipping
and handling charges), subject to a 25% restocking
fee. Return shipping to us is at your own expense.
Defective Returns: In rare instances, a
product is defective. In such case, we will replace
the product with an even exchange of the same
item, subject to in-stock availability. Replacement
items are shipped following receipt and inspection
by our Returns Department of the defective items
is received.
All products returned to us must be accompanied
by a valid Return Authorization (RA) number issued
by us within 30 days of your original invoice
date. After 30 days from purchase we can no longer
issue an RA. RA's expire in 15 days after they
are issued and cannot be extended or re-issued.
All returned products must be 100% complete in
original packaging and in resalable condition.
A valid RA number must be written clearly and
conspicuously on the outside of the packaging.
Incomplete or unauthorized returns will be refused.
Privacy
Policy
Except
as may be required by law, we will not sell any
personally identifying information to any party,
nor will we provide it to any party for sale or
commercial purposes. State or Federal law may,
under certain circumstances, require the disclosure
of such information, including the provision of
the information for commercial purposes
We
do not collect any personal information from a visitor
to our site unless that visitor explicitly and intentionally
provides it. Under no circumstances do we collect
any personal data revealing racial or ethnic origin,
political opinions, religious or philosophical beliefs,
trade union membership, health, or sex life. If
you are simply browsing our site, we do not gather
any personal information about you.
There
are two ways in which you may explicitly and intentionally
provide us with and consent to our collection
of certain personal information:
E-mail Request for Information or filling out
an order form- We use links throughout our site
to provide you with the opportunity to contact
us via e-mail to ask questions, request information
and materials or provide comments and suggestions.
You may also be offered the opportunity to have
one of our representatives contact you personally
to provide additional information about our products
or services. To do so, we may request additional
personal information from you, such as your name
and telephone number, to help us satisfy your
request.
Ordering
- If you choose to order for one of our products
we will request certain information from you.
Depending on the type of product you request,
you may be asked to provide different personal
information. For certain products we may require
your name, address, telephone number, e-mail address
and credit card number. Other products may require
different or supplemental information from you
in order to complete the purchase.
How is my information kept secure?
The Miracle Tile site collects shipping and billing
information when placing an order. This information
is kept in a password protected database until
the order is shipped and the warranty period has
expired. Credit card information is collected
on a secure server using SSL encryption. This
service is provided by Verisign (see http://www.verisign.com
) a well know and trusted name in the area of
Internet security. Your credit card information
is kept for a period of time at Verisign until
the order is processed and the transaction deemed
complete.
Please note that our site contains links to other
sites. Miracle Tiles / New Millennium is not responsible
for the privacy practices, privacy statements,
or content regarding these other sites.
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