Warranty – Muscanell Millworks

MUSCANELL MILLWORKS, INC. UNFINISHED HARDWOOD FLOORING WARRANTY

Thank you for choosing Muscanell Millworks, Inc. plank hardwood flooring. Muscanell warrants its products, in their original manufactured condition, to be free from defects caused by improper milling, grading, and drying defects, and insect damage incurred while in Muscanell Millworks, Inc.’s possession.

Application of warranty

This warranty is effective for all Muscanell Millworks, Inc. wood floors and other wood products, except for products that are designated or sold as seconds, mismilled, closeout, or non-standard items so marked or designated, which are sold “as is,” and without warranty. Our warranty extends only to the original end purchaser of the flooring and not to subsequent purchasers of homes or other locations where the flooring is installed. This warranty applies only where proper care and maintenance have been followed. All aspects of this warranty, even where it states “flooring”, applies to all wood products, including stair parts and mouldings, produced by Muscanell Millworks, Inc.

Warranty disclaimers and exclusions

Muscanell Millworks, Inc. does not warrant its hardwood floors and other wood products against the following disclaimers and exclusions:

We make every attempt to accurately represent the look of our grades, but not every variation of wood can be shown in a sample. We strive to stay within our grading standards, but some grading is subjective, such as the diameter of a knot or hole that is not round. Color variations occur naturally in wood flooring and are not considered defects. Other wood characteristics intrinsic to wood, such as knots and variations in grain, are often not considered defects in rustic grades. See our grading standards for more details.
Wood species vary in hardness and durability. In general, expect some scratches and dents in a wood floor and other wood products over time. Dropping hard or heavy objects on the floor, some types of shoes, pet claws, and furniture are all common causes of normal wear to wood flooring, and are excluded from this warranty.
Exposure to sunlight, and even room light, can result in changes in many species of wood over time, and is not a product defect.
Wood responds to changes in its surrounding environment, taking up moisture if the surrounding moisture is higher than the wood, and losing moisture if the surrounding moisture is lower than the wood. Therefore, some seasonal shrinkage and expansion can be expected as conditions inside the building change. Excess moisture from ground water, flooding, leaks, or appliances can damage wood flooring. Damage caused by fluctuations in moisture inside a structure, lack of allowance for expansion, improper acclimation, installation at too high moisture content, improper venting and any damage due to water is excluded from this warranty.
Damage as a result of natural disasters, including, but not limited to, hurricanes, tornadoes, and earthquakes are excluded from this warranty.
Wood flooring should also be kept dry in transportation and storage. Do not store wood flooring directly on concrete. Damage to the flooring as a result of these actions are not included under this warranty.
All the lumber that we mill has been kiln-dried. This process kills all wood-eating insects and eggs present in the wood at the time of drying. Be aware that since there are no insecticides used in drying and processing the lumber we use, there is no residual protective effect applied to the wood. Kiln-dried wood can become infested with wood-eating insects, including powder-post beetles, from other sources if it exposed to them after drying. Although we take many steps to prevent insect infestations in the wood on our premises (see below), we cannot control the environment our product enters after it leaves our possession. We will not refund, replace, or make any other reparation for infestation of wood-eating insects in our wood products after it leaves our custody.

Muscanell Millworks, Inc. has taken the following steps to prevent wood-boring insects from occurring in our wood flooring:

We use and store only lumber that has been kiln-dried by reputable drying facilities. These facilities claim to use processes which heat the wood to a high enough temperature that any bugs or eggs present in the wood at that time are killed.
We ship lumber into our mill as soon as possible after the kiln-drying process is completed.
We continually inspect lumber and flooring on our premises for signs of the presence of powder-post beetles. We train employees in detecting powder-post beetle activity in the wood. Bug holes are allowed in some grades of our flooring. Our employees are trained to differentiate between a bug hole that is active, and one that was formed prior to kiln-drying.

Since we take the above steps to prevent powder-post beetles from occurring in our wood flooring, we can assure our distributor customers the following:

When our flooring leaves our mill and arrives at the distributor’s initial shipping point (i.e. their warehouse, or job site if it is a drop shipment), it will be free of active wood-boring insects. If a claim is made to the contrary, we will replace the material, or refund the distributor the amount of their cost of the flooring, subject to our inspection of the flooring and the sites where it has been stored since it left our mill. Any claims of active powder-post beetles being present in our flooring must be made within seven business days of the material being delivered to our distributor customer.
If we do ever detect wood-boring insects activity in lumber being used in our mill, we will address the problem at our mill, immediately and aggressively.
Our warehouse is open to inspection by any of our distributor customers on short notice.

We hope this makes clear our commitment to guarding against problems with wood-boring insects in our product, and to producing high-quality flooring which we stand behind.

Flooring Installation
We recommend that you have your flooring installed by a wood flooring professional and that our product be installed by following the guidelines set forth by the National Wood Flooring Association. Every installation situation is different and a professional installer should interpret these guidelines for the specific job site. We do not have control over conditions on a job site, or the installers’ methods and practices and will not cover any damages related to site issues. The installer, before installation, must inspect boards. Any board that is cut or nailed in place (installed) shall be considered accepted by the installer and/or the buyer. After acceptance, the floor cannot be deemed defective regarding milling, grading, moisture, or presence of insects under this warranty. Any claims regarding the above defects must be made BEFORE INSTALLATION. If unhappy with wood grade or product quality, halt installation and contact your distributor or retailer immediately. Boards with suspected defects should be set aside and will be considered part of the 5% accepted by the industry.

Available Remedies
If your Muscanell Millworks, Inc. floor fails to perform under this warranty, Muscanell will decide what portion of the flooring is defective and determine the cause of the problem. Muscanell will then, at its option, repair or replace the portion of the flooring that it determines to be defective and covered by this warranty. In the unlikely event that Muscanell is unable to repair manufacturing defects after a reasonable number of attempts, Muscanell will refund, if requested, the purchase price of the portion of the floor Muscanell determines to be defective. Muscanell will not refund the installation or finishing costs or any amount beyond the purchase price of the defective portion of floor. In no event shall Muscanell be liable for any direct, indirect, punitive, economic, commercial, consequential, incidental, or special damages resulting from use of loss of use or the performance or non-performance of Muscanell flooring or from a breach of this warranty, whether such liability is asserted on the basis of contract, tort, or otherwise. Muscanell’s total liability under this warranty will not, under any circumstances, exceed the actual total price paid by the original purchaser for the flooring. However, some states do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. This writing is the complete and exclusive statement of the express warranties provided herein and is in lieu of all other express and/or statutory warranties by the manufacturer, to the extent provided by law. There are no implied warranties extending beyond the terms of this warranty.

No agent, retailer, dealer, or employee of the manufacturer, distributor or dealer has the authority to alter or increase the obligations or limitations of this warranty. The buyer of the product cannot, in any circumstances, bring whatever right or recourse against Muscanell Millworks Inc., of any nature except for those that are specifically provided for in this present warranty, and to the conditions provided.