NeverStrip Floor Coatings Texan Floor IPC Member
and National Authorized Dealer Product Warranty
This defines NeverStrip Floor Coatings’ (NeverStrip) limited warranty for NeverStrip supplied coatings and products (“Product” or “Products”) associated with SUBWAY® Restaurants or other IPC Member locations.
NeverStrip warrants the system applied on the floors will not delaminate from the floor for a period of 60 months from date of installation.
NeverStrip warrants from the date of purchase the Products will be free of manufacturing defects and will be in conformity with published specifications when handled, stored, mixed and applied in accordance with NeverStrip’s recommendations. Because traffic levels and resulting wear are unpredictable and vary greatly, NeverStrip understands that a periodic re-coat or repair of the topcoat and grout color sealer is an expected procedure to maintain the topcoat surface and grout color sealer during the 60 month warranty period. It is expected that once during the 60 month warranty period, the floor would need to be refreshed. This service is included under the initial installation price for SUBWAY® Restaurants or other IPC Members as provided by Texan Floor.
This Product warranty is subject to the following conditions and limitations:
- Texan Floor, A NeverStrip Authorized Dealer applies the Product.
- The flooring surface is clean and free of foreign material, including any finishes, during application.
- Purchaser notifies NeverStrip / Texan Floor of a claim by writing NeverStrip@Subway.com with their warranty issue, stating the perceived problems. Within 7 business days, Texan Floor or approved NeverStrip Authorized Dealer will inspect and verify issue. Once identified as a warranty issue, the problem will be rectified within 30 calendar days. Purchaser must notify NeverStrip / Texan Floor of Warranty issue within 30 days from the date when the Purchaser first becomes aware of such claim or issue.
- After applying the Product to the floor, the floor surface must be maintained, and cleaned in accordance with the requirements listed in the SUBWAY Operations Manual.
- This warranty does not cover the performance of any surface, including any sub-surface thereof, to which NeverStrip’s Product has been applied, including adhesion loss, lifting, curling and compression of surfaces or materials such as, but not limited to, adhesives, flooring, underlayment, or micro topping.
- This warranty does not cover below grade installations.
- This warranty does not cover discoloration or staining regardless of cause.
- The application and/or removal in any fashion of any tape to the Product, for any purpose and for any duration, will render the warranty null and void.
- NeverStrip’s sole obligation with respect to any claim under this Warranty is limited to supplying at no charge a sufficient amount of replacement Product. Texan Floor is solely responsible for all work performed for warranty repair.
- THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY; NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, SHALL APPLY.
- Texan Floor agrees to defend, indemnify and hold harmless IPC and its affiliates, DAI and its affiliates, and all of their respective officers, directors, managers, members, employees, agents, and the Franchisees (collectively, the “Indemnities”) of, from and against any and all claims, demands, actions, causes of action, losses, liabilities, damages, costs and expenses, including, without limitation, reasonable attorney’s fees and costs and expenses (collectively referred to as “Damages”), based upon or arising out of any actual or alleged act, omission, or misconduct of the Texan Floor, or its agents and/or subcontractors, in connection with its performance under this Agreement, including, but not limited to any breach of warranty or product liability claims, which indemnification shall not be relieved by any insurance carried by Texan Floor, and which results in:
- Property damage or personal injury, including, but not limited to, illness or death; or
- Damages sustained by Indemnities arising out of Texan Floor’s failure to comply with all the terms and conditions of this Agreement.