Installation & Product Warranty Guidelines
Conditions of Use
also see our return policy and Privacy Policy
Installation & Product Warranty Guidelines
1. Warranty: General
• The floor warranty is only good for the original owner
• The warranty does not cover rental units other than those being lived in by the owner
• The warranty only covers intended uses of the product
• The warranty that was in effect at the time of the original purchase is the only valid warranty
• This warranty does not cover materials which have been improperly cleaned or maintained, abused, subject to accidents or force majeure
• Replacement of product and labour only covers materials and labour of similar costs
2. Warranty: Material
• The materials must be subject to no more than normal wear and tear
• The customer must follow basic maintenance on the floor to prevent damage and has to show due diligence in this respect
• The warranty will not extend longer than the federally accepted life expectancy of the floor
(i.e. For laminates, this is 7 years in Canada regardless of make, manufacture of model)
• The complete Nucasa Milling Company Warranty applies only to ….. products that were installed by a Nucasa Installation crew.
3. Warranty: Labour
We warranty against any defect in installation that is reasonable that the installer could avoid.
Anything that the customer has signed off on will not be held liable to Nucasa Milling Company.
Scope of the Warranty
• The warranty will only cover that which was provided (i.e. Materials for materials & Labour for labour)
• A change must be proven from the time of the installation to the time of the claim. The installation must have been inspected immediately after installation. (Boards which are installed are considered accepted).
• The customer must retain all applicable receipts for the product and installation in question.
• The warranty is void if installers other than those approved by Nucasa Milling Company work on the floor. (This includes, but is not limited to, repair work, janitorial work, “do it yourself” workers, etc)
• If the customer has any questions regarding our Warranty, please feel free to contact: David Laniado, President and CEO.
Ownership and Permitted Use of the Website
CONDITIONS OF USE
This version in effect since July 1, 2008
WELCOME TO NUCASA.COM. PLEASE READ THESE CONDITIONS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE NUCASA.COM WEBSITE. THEY EXEMPT NUCASA AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
These Conditions of Use contain the following provisions
1. Your Acceptance of these Conditions of Use
2. Permission to Use the Website
3. Changes to these Conditions of Use
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trade-mark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Contests
10. Unsolicited Subminssions
11. Your Information
12. Disclaimers, Liability Exclusions/Limitations and Indemnity
13. Personal Information Privacy
14. Other Sites/Resources
15. Termination
16. Governing Law and Dispute Resolution
17. Other Matters
1. Your Acceptance of these Conditions of Use
These Conditions of Use are an Agreement between you and all persons you represent (and for purposes of these Conditions of Use, "person" includes natural persons and any type of incorporated or unincorporated entity) and Nucasa Milling Company ("Nucasa") regarding your access to and use of nucasa.com website and all content, information, products and services available on or through the website (collectively, the "Website"). These Conditions of Use also provide benefits to Nucasa's affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Conditions of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Conditions of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Conditions of Use, or you are not authorized to agree to and accept these Conditions of Use on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
These Conditions of Use are in addition to any other agreement you may have with Nucasa, including a transaction agreement.
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2. Perminssion to Use the Website
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Nucasa reserves the right to request proof of identification and age.
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3. Changes to these Conditions of Use
Nucasa may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. By using the Website after these revised Conditions of Use has been posted, you signify your acceptance and agreement to be bound by the revised Conditions of Use. You may not change these Conditions of Use in any manner.
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4. Ownership and Permitted Use of the Website
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Nucasa and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Nucasa. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.
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5. Misprints and Errors, Product Availability and Prices
Nucasa endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Nucasa cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Nucasa does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Nucasa reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
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6. Trade-mark Information
NUCASA and Nucasa.com logo and other names and logos appearing on or in connection with the Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Nucasa or their respective owners or licensees.
Any use of the Marks, except as expressly provided in these Conditions of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
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7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Website without the express written permission of Nucasa are strictly prohibited. To request permission to link to the Website, please send an email to info@nucasa.com. Nucasa may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
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8. Login Names and Passwords
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Nucasa. For the purposes of accessing the Website, the Codes remain the property of Nucasa and may be cancelled or suspended at any time by Nucasa in its discretion without any notice or liability to you or any other person.
Nucasa is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Nucasa may act upon any communication that is given with the use of Codes. Nucasa may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Nucasa is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with these Conditions of Use; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Nucasa by telephone 1-877-884-3232 or email to: info@nucasa.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
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9. Contests
From time to time Nucasa may make contests available to users of the Website and others. All contests are governed by these Conditions of Use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Conditions of Use and the applicable Contest Rules.
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10. Unsolicited Submissions
In order to avoid potential misunderstandings or disputes, Nucasa does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Nucasa or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Nucasa and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Nucasa or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Nucasa and its successors, assigns and licensees.
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11. Your Information
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Nucasa will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Nucasa or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
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12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY NUCASA TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSIONS
NUCASA AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE CONDITIONS OF USE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY NUCASA OR ANY PERSON FOR WHOM NUCASA IS RESPONSIBLE, AND EVEN IF NUCASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
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13. Personal Information Privacy
Nucasa collects, uses and discloses personal information in accordance with its Privacy Policy, which is available by clicking here and which may be changed from time to time by Nucasa in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting these Conditions of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Nucasa in accordance with the Privacy Policy as it then reads.
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14. Other Sites/Resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Nucasa, and Nucasa has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Nucasa does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Nucasa arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Nucasa, these Conditions of Use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content.
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15. Termination
Notwithstanding any other provision of these Conditions of Use, Nucasa may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Nucasa may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Conditions of Use or your permission to access and use the Website without any notice or liability to you or any other person.
If these Conditions of Use or your permission to access or use all or any part of the Website is terminated for any reason, then these Conditions of Use and all other then existing agreements between you and Nucasa will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
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16. Governing Law and Dispute Resolution
These Conditions of Use, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. Any dispute between you and Nucasa or any other person arising from, connected with or relating to the Website, these Conditions of Use, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
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17. Other Matters
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Conditions of Use and the remaining provisions will continue in full force and effect.
These Conditions of Use ensure to the benefit of and are binding upon each of Nucasa and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign these Conditions of Use or the rights and obligations under these Conditions of Use. Nucasa may assign these Conditions of Use and its rights and obligations under these Conditions of Use without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Conditions of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that these Conditions of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Conditions d'usage et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by these Conditions of Use are reserved to Nucasa.
You may contact Nucasa by telephone, email, or postal mail:
Nucasa Milling Company
The Finishing Touch
6150 Lougheed Highway
Burnaby, BC
V5B 2Z9
604-294-3232
1-877-844-3232
info@nucasa.com
