Warranty Disclaimer

Last Updated: September 4, 2026

This Product Warranty Disclaimer & Limitation of Remedies applies to all goods, materials, commercial flooring, equipment, and supplies procured through Lush Global Contracting via www.lushglobalcontracting.com, direct quotes, or trade invoices.

1. Distributor Status & Absence of Company Warranty

Lush Global Contracting is a commercial procurement specialist and distributor—not a product manufacturer.

Lush Global Contracting does not hold proprietary product trademarks or own manufacturing facilities for the goods distributed. Consequently:

  • NO COMPANY-BRANDED WARRANTY: LUSH GLOBAL CONTRACTING DOES NOT PROVIDE ANY INDEPENDENT, DIRECT, OR COMPANY-BRANDED PRODUCT WARRANTY WHATSOEVER.
  • NO EMPLOYEE, SALES REPRESENTATIVE, AGENT, OR ADVISOR OF LUSH GLOBAL CONTRACTING HAS THE AUTHORITY TO MAKE ANY REPRESENTATION, PROMISE, OR WARRANTY BEYOND WHAT IS EXPRESSLY WRITTEN IN THIS POLICY.

2. Original Manufacturer Warranties

Products distributed by Lush Global Contracting may be covered by a separate, limited warranty provided directly by the original manufacturer:

  • Warranty Pass-Through: To the extent permitted by the manufacturer, Lush Global Contracting assigns and passes through to the original commercial purchaser all transferable product warranties issued by the respective manufacturer.
  • Manufacturer Terms Control: All warranty terms, coverage periods, wear layer ratings, material tolerances, and defect claims are governed exclusively by the manufacturer’s written warranty documentation.
  • Direct Manufacturer Claims: Any claims regarding manufacturing flaws, premature wear, material failure, or delamination must be filed directly with the original product manufacturer. While Lush Global Contracting may, as a courtesy, assist in providing manufacturer contact information, we do not adjudicate or fund manufacturer warranty claims.

3. Comprehensive Statutory Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW:

ALL PRODUCTS, MATERIALS, ACCESSORIES, AND SAMPLES ARE PROVIDED BY LUSH GLOBAL CONTRACTING ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

LUSH GLOBAL CONTRACTING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

  1. THE IMPLIED WARRANTY OF MERCHANTABILITY;
  2. THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR PROJECT;
  3. THE IMPLIED WARRANTY OF NON-INFRINGEMENT;
  4. ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
  5. ANY WARRANTY THAT PRODUCTS COMPLY WITH LOCAL ARCHITECTURAL PLANS, MUNICIPAL BUILDING CODES, OSHA STANDARDS, OR SPECIFIC JOB SITE ENVIRONMENTAL CONDITIONS.

4. Job Site Testing, Installation & Buyer Responsibility

The Buyer, contractor, architect, and facility manager are solely responsible for:

  • Testing substrate conditions, concrete moisture emissions (MVER/RH), temperature fluctuations, and environmental suitability prior to installing any commercial material.
  • Reviewing manufacturer technical specification sheets, ASTM ratings, safety data sheets (SDS), and installation manuals.
  • Verifying that all building codes, fire regulations, and structural engineering requirements are met.

Lush Global Contracting accepts no liability for product failures caused by improper subfloor preparation, deficient adhesive application, chemical incompatibilities, unauthorized field alterations, moisture intrusion, or substandard installation craft.

5. Sole and Exclusive Remedy

IF, NOTWITHSTANDING THE FOREGOING DISCLAIMERS, LUSH GLOBAL CONTRACTING IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR A DEFECTIVE OR NON-CONFORMING PRODUCT, BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO, AT LUSH GLOBAL CONTRACTING’S DISCRETION:

  1. REPLACEMENT OF THE DEFECTIVE MATERIAL AT NO CHARGE (F.O.B. WAREHOUSE DOCK); OR
  2. ISSUANCE OF A STORE CREDIT OR REFUND EQUAL TO THE NET PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE PORTION OF MERCHANDISE PROVEN DEFECTIVE.

6. Exclusion of Consequential, Labor & Incidental Damages

UNDER NO CIRCUMSTANCES SHALL LUSH GLOBAL CONTRACTING BE LIABLE FOR:

  • TEAR-OUT, DEMOLITION, DISPOSAL, OR RE-INSTALLATION LABOR CHARGES;
  • CONTRACTOR DOWNTIME, OVERTIME PENALTIES, OR GENERAL CONDITIONS;
  • LIQUIDATED DAMAGES, PROJECT DELAY FEES, OR LOST COMMERCIAL OPPORTUNITIES;
  • DAMAGE TO ADJACENT FIXTURES, WALLS, CONCRETE, OR TENANT PROPERTY;
  • SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE.

7. Governing Law

This Product Warranty Disclaimer shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, without regard to principles of conflicts of law.

8. Inquiries and Technical Specification Requests

For assistance obtaining manufacturer technical data sheets, specifications, or warranty registration documents:

  • Company: Lush Global Contracting
  • Address: 4539 N 22nd St, Suite R, Phoenix, AZ 85016
  • Email: help@lushglobalcontracting.com
  • Phone: (623) 387-9777
  • Website: www.lushglobalcontracting.com