Page 2 - 2017-08-CFR Volume 107 - ASTM Standards and Manufacturers Warranties - August 2017

competitors warranty which made a
statement for it being resistant to a par-
ticular effect which we know not to be
true. Why? Because we also work with
the manufacturers of what they say
their product is treated with and we
know they are not being provided that The experts at LGM
specialize in consultation, correction
technology. I’ve always said that what- and resolution for flooring complaints,
ever a flooring warranty gives you in the claims, installation and performance
first paragraph it takes away in the next three. And it never covers what issues.
you think it does. You should never buy or sell a product based on the No issue is too big, too small or too far
warranty. away for us to handle.

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What does the law say about warranties?

In contract law, a warranty has various meanings but generally means a
guarantee or promise which provides assurance by one party to the oth-
er party that specific facts or conditions are true or will happen. This fac-
tual guarantee may be enforced regardless of materiality which allows
for a legal remedy if that promise is not true or followed.

Although a warranty is in its simplest form an element of a contract,
some warranties run with a product so that a manufacturer makes the
warranty to a consumer with which the manufacturer has no direct con-
tractual relationship.

A warranty may be express or implied, depending on whether the war-
ranty is explicitly provided (typically written) and the jurisdiction. War-
ranties may also state that a particular fact is true at one point in time or
that the fact will be continued into the future (a "promissory" or continu-
ing warranty).

Implied warranty:

Implied warranties are unwritten promises that arise from the nature of
the transaction, and the inherent understanding by the buyer, rather
than from the express representations of the seller. In the United
States, Article 2 of the Uniform Commercial Code (which has been
adopted with variations in each state and includes flooring issues) pro-
vides that the following two warranties are implied unless they are ex-
plicitly disclaimed (such as an "as is" statement):

The warranty of merchantability is implied unless expressly disclaimed

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2 Commercial Flooring Report August 2017