LIMITED WARRANTY

Oakcrest Lumber, Inc (“Manufacturer”) provides the following limited warranties to the original purchaser (“Purchaser”) of the premier grade or traditional grade factory- finished wood flooring (“Factory-Finished Flooring”) from an authorized reseller of Manufacturer. This warranty does not apply to Manufacturer’s classic grade factory-finished wood flooring.

Manufacturing Warranty:

Manufacturer warrants that its Factory-Finished Flooring, in its original manufactured condition, will be free from manufacturing defects in milling or grading, prior to installation. Subject to the warranty exceptions described below, Manufacturer will replace any Factory-Finished Flooring which is shown to have a grading or milling manufacturing defect which is outside of accepted industry standards. Purchaser recognizes that Factory-Finished Flooring is manufactured in accordance with accepted industry standards, which permits a grading/manufacturing defect tolerance not to exceed 5%. This warranty applies only to the original purchaser of the product from an authorized reseller and is not transferable.

All questions or concerns with respect to the milling or grading of Factory-Finished Flooring must be resolved prior to installation, and all manufacturing defect claims made under this warranty must be made prior to installation. Manufacturer accepts no responsibility or liability for the cost of the Factory-Finished Flooring, replacement or cover goods, and/or labor when Factory-Finished Flooring containing milling or grading defect has been installed prior to resolution of such defect. The installation of the Factory-Finished flooring assumes and constitutes full acceptance of the Factory-Finished Flooring.

Finish Warranty:

Manufacturer warrants that the finish on its Factory-Finished Flooring will not wear through to the wood or separated form the wood for fifteen (15) years from the date of purchase by the Purchaser. Subject to the warranty exceptions described below, in the event the finish on Factory-Finished Flooring wears through within the warranty period or separates form the wood within the warranty period, Manufacturer will re-finish the non-conforming portion of the Factory-Finished Flooring free of cost to the Purchaser. In the unlikely event Manufacturer is unable to correct the finish after a reasonable number of attempts, Manufacturer will replace the non-conforming portion of the Factory-Finished Flooring free of cost to the Purchaser. If, upon such replacement, the Purchaser is still not reasonably satisfied, Manufacturer reserves the right, in its sole discretion, to refund the purchase price paid by Purchaser for the non-conforming portion of the Factory-Finished Flooring. In any such event, either the refinish or replacement of the non-conforming goods, or refund of portion of purchase price paid by Purchaser for the non-conforming goods, will be Purchaser’s sole and exclusive remedy. Warranty claims for obvious finish defects must be submitted in writing to the Manufacturer within thirty (30) days of the date of original purchase. Warranty claims for finish defects must be filed within the warranty coverage period. Manufacturer reserves the right to inspect the material and remove samples for technical analysis. Warranty does not cover finished product installed with obvious finished defects.

Manufacturer and Purchaser recognize that natural, occurring wood characteristics such as variations in grade, color, mineral streaks and knots, alter the appearance of the finish. Such characteristics in wood grain are normal and are not covered by this warranty.

Finish warranty does not cover defects or damage caused by improper installation of the Factory-Finished Flooring, abuse or improper use of the Factory-Finished Flooring, including but not limited to the use of abrasives on the Factory-Finished Flooring, the use of vacuum cleaners or other mechanical devices, the sliding of heavy object across the finished product, damage caused by water or moisture changes, damage caused by spiked high-heel shoes, insufficient protection from furniture, pets or other animals, pebbles, sand, dirt or other abrasives, and other forms of abuse or improper use.

Finish warranty does not cover color changes caused by exposure to light, sunlight or ultraviolet radiation. Finish warranty does not cover gloss retention as gloss reduction normally occurs and is not a finish defect.

Finish warranty is void if additional finish material is applied to the Factory –Finished Flooring.

In order to effect this limited finish warranty, Factory-Finish Flooring must be installed in accordance with the hardwood flooring installation instruction published by The Wood Flooring Manufactures Association, a copy of which may be obtained by contacting The Wood Flooring Manufactures Association (telephone: 901-526-5016) or at its website, www.nofma.org. Finish warranty is void if Factory-Finished Flooring is not installed in accordance with such installation instructions.

Purchaser is required to care for the Factory-Finished Flooring in accordance with the Wood Floor Care published by The Wood Flooring Manufactures Association, a copy of which may be obtained by contacting The Wood Flooring Manufactures Association (telephone: 901-526-5016) or at its website, www.nofma.org. Finish warranty is void if Factory-Finished Flooring is not cared for in accordance with such Wood Floor Care Guide.

This finish warranty applies only to the original purchaser of the product from an authorized reseller and is not transferable.

Limitation of Liability for Manufacturing Warranty and Finished Warranty. THE WARRANTIES SET FORTH ABOVE ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES AGAINST MANUFACTURER AND ARE IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF MANUFACTURER, AND ALL RIGHTS, CLAIMS AND REMEDIES OF PURCHASER AGAINST MANUFACTURER, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN GOODS PURCHASED BY THE ORIGINAL PURCHASER FROM ANY AUTHORIZED RESELLER OF MANUFACTURER, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATIONS, LIABILITIES, RIGHT, CLAIMS, OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MANUFACTURER, ACTUAL OR IMPUTED AND (D) ANY OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

The remedies set forth above shall be the sole and exclusive remedies of Purchaser, however, if a court of competent jurisdiction finds that any portion of this warranties limitation is unconscionable and, therefore, not enforceable against Purchaser, Manufacturer’s liability shall be limited solely to the refinishing or replacement of the non-conforming Factory-Finished Flooring, or an amount equal to cost of the non-conforming Factory-Finished Flooring.