O.C.R. PRODUCTS, INC.

GLOSS RETENTION WARRANTY

If the stone and epoxy floor that you purchased from a Certified Installer of NATURE STONE® Brand Products is properly registered, then you will receive from O.C.R. Products, Inc. (“OCR”) a one-year limited warranty from the date of the installation as and for loss of gloss only (“Gloss Retention Warranty”).  OCR’S sole obligation under the Gloss Retention Warranty is to provide enough material necessary to perform a topcoat of the floor to restore its gloss. This obligation does not include any shipping and handling charges as well as any taxes, if applicable.  OCR shall not be liable for any monetary damages under this Gloss Retention Warranty, rather OCR’s sole obligation is to provide the necessary material.  

No other issue that may develop with the floor is being warranted.  This shall include, but is not limited to, cracking, whiting, delamination, yellowing, discoloring chalking and/or any issue that may develop as a result of loss of gloss.  Further, a Certified Installer of NATURE STONE® Brand Products has no authority to make any warranty to any person by or on behalf of OCR.

If your floor is not properly registered by your Certified Installer, then you shall not be entitled to any Gloss Retention Warranty in which such warranty shall be deemed nonexistent. 

This Gloss Retention Warranty specifically excludes any promises or other statements, whether oral or in writing, made by any Certified Installer or one of its employees, agents, or representatives regarding this Gloss Retention Warranty or the materials supplied under this Gloss Retention Warranty.  Consequently, no other oral or written statement, presentation or promise has been made to you regarding the terms of this Gloss Retention Warranty; the only warranty you are receiving is what is expressly written herein.  If any statement, presentation or promise is not specifically contained or written in this Gloss Retention Warranty, then it is not part of this warranty and is specifically excluded.    No other oral or written statement, presentation or promise may contradict the written terms of this Gloss Retention Warranty 

THIS GLOSS RETENTION WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE.  OCR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN WHICH THESE WARRANTIES ARE SPECIFICALLY DISCLAIMED.  THIS GLOSS RETENTION WARRANTY IS IN LIEU OF ANY OTHER WARRANTY EXPRESS OR IMPLIED.  

IF, BY OPERATION OF LAW, AN IMPLIED WARRANTY MAY NOT BE DISCLAIMED, THEN SUCH DISCLAIMER WILL NOT BE EFFECTIVE AND SUCH DISCLAIMER MAY NOT APPLY TO YOU.  HOWEVER, IN SUCH CASES ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME FOR A PERIOD OF ONE YEAR FROM THE DATE OF INSTALLATION.

NO WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE ONE YEAR PERIOD. SOME STATES AND/OR PROVIDENCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.  

TO THE EXTENT PERMITTED BY LAW,  OCR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM A DEFECT OR WHETHER BASED ON BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS INCLUDING LOSS OF PROFITS ON CONTRACT, LOSS OF USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED INCLUDING THE REPLACEMENT OF PROPERTY.  FURTHER, THE MAXIMUM AMOUNT OF RECOVERY YOU MAY BE ENTITLED TO UNDER THIS GLOSS RETENTION WARRANTY IS THE COST OF THE MATERIAL UNDER THIS GLOSS RETENTION WARRANTY.  HOWEVER, THIS EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY WHERE IS PROHIBITED BY STATE OR PROVINCIAL LAW.  IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE ABOVE EXCLUSIONS OR LIMITATIONS, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  

This Unconditional Warranty is governed by and shall be interpreted under the laws of the State of Ohio.  Any claims relating to this Unconditional Warranty must be resolved by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association.  The arbitration will be heard by one arbitrator and each party is to bear its own costs.  The arbitration or any legal disputes related to this Unconditional Warranty shall only be brought and adjudicated in Cuyahoga County, Ohio.

CLAIMS PROCESS 

If you believe you have a claim under this Gloss Retention Warranty, you must make a written claim to OCR.  OCR reserves the right to inspect the flooring that is subject of any claim to determine validity.  Such inspection may require you to send pictures of your floor to OCR.  Such claim shall be made on-line at ocrproducts.com/claims.  The failure to accurately supply all of the information requested may result in the delay of the processing of your claim. If you have any questions about this process, you can contact OCR at 440-786-9100.