Page 3 - 2017-08-CFR Volume 107 - ASTM Standards and Manufacturers Warranties - August 2017
P. 3
by name, or the sale is identified with the phrase "as
is" or "with all faults." To be "merchantable", the
goods must reasonably conform to an ordinary buy-
er's expectations. For example, a fruit that looks and
smells good but has hidden defects may violate the
warranty if its quality does not meet the standards for
such fruit "as passes ordinarily in the trade".
The warranty of fitness for a particular purpose is im-
plied unless disclaimed when a buyer relies upon the
seller to select the goods to fit a specific request. For
example, this warranty is violated when a buyer asks
a mechanic to provide tires for use on snowy roads
and receives tires that are unsafe to use in snow.
The same would be true of a product that is repre-
sented to be a commercial flooring material but does
not possess the attributes that would make it so.
These two warranties for merchantability and fitness
for a particular purpose have huge implications rela-
tive to flooring. If a flooring material is sold or speci-
fied for a particular use the end user has the expec-
tations that it is fit for the purpose for which it has
been sold. If it will not perform as the particular type
of product would normally be expected to perform
and as a commercial user would expect then it is not
fit for that particular purpose. One issue I think that
is going to get hard surface flooring in trouble is the
emphasis that it won’t be dimensionally stable if it is
installed where sun will affect it. Since all buildings
have windows that allow sun in and some with volu-
minous exposure, based on the caveat of the sun
affecting it, you can’t install it where the sun shines.
This will open up a can of worms relative to failures
of the material. Even though the effects of the sun
are disclaimed flooring typically gets installed in plac-
es where the sun shines in on the flooring. This ren-
ders the material unmerchantible for service and un-
fit for the particular purpose. It’s flooring after all and
it’s going to be installed where sun shines in on it so
it should be able to withstand the effects of the sun.
Who has influence over what the stand-
ards and warranties say?
Why, if it is known that a certain test will reveal a cer-
tain condition would a manufacturer not want it ad-
mitted to the standard? Tests for extension and re-
covery of carpet that are conducted most often
3 Commercial Flooring Report August 2017
