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Pooling Report for DealerThis report won in court for the dealer. Most of the important information has been left in this version.CLAIM STATISTICS FOR THIS INSPECTION CONTACTED ON: 6/2/99 RETAINED ON: 6/3/99 DATE INSPECTED: 6/7/99 DATE WRITTEN: 6/15/99 PROBLEM REPORTED: Pile Reversal PROBLEM FOUND: Pooling PERSONS PRESENT: Inspector & Claimant
THE CARPET MANUFACTURER: Galaxy Carpet Mills, Inc. STYLE NAME & NUMBER: St Croix COLOR NAME & NUMBER: Vicros A28 FIBER MAKER & NAME: Allied FIBER PROTECTANTS Scotchgard® Carpet Protector & Scotchgard® Stain Release NUMBER on BACKING: Not Applicable FIBER Nylon ID METHOD: According To Manufacturer FIBER COLOR Mauve CONSTRUCTION: Conventional Tuft YARN STYLE: Saxony Plush SQUARE YARDAGE: 221.3 BACK SYSTEM: Conventional Tuft PRIMARY BACKING: Polypropylene SECONDARY BACKING: Polypropylene DEALER: The Commissioner TYPE LOCATION: Residential DATE INSTALLED: 2/99 METHOD: Stretch-In CUSHION: 1/2 Inch Rebond 6 pound per cubit foot SUBFLOOR: Plywood AREA INSTALLED: Livingroom, Diningroom, Hallway, Office, And Bedrooms
USE & MAINTENANCE STATISTICS AT THE TIME OF THE INSPECTION LITERATURE RECEIVED WITH PURCHASE: Yes ADULTS: 2 - CHILDREN: 0 - PET(S): 0 DO THEY SMOKE? No SPOTTING AGENTS: Not Applicable TEMPERATURE: 75°F - 23.8° C RH 41% VACUUM TYPE Upright VACUUM FREQUENCY: Weekly & More ENTRY-MATS: Yes SOIL: None Noticed HEATING TYPE: Forced Air Gas COOLING TYPE: Central - Electric CLEANING: Never Been Cleaned
INSTRUCTIONS FOR THIS REPORT Assess the problem reported and make a determination of responsible parties.
Site Conditions and Geographical Information This carpet is installed in a free standing, owner-occupied house located in the hills over looking the Santa Clarita Valley. This area was remote and somewhat rural. Its condition and maintenance was very good.
BACKGROUND INFORMATION MADE TO THE INSPECTOR The carpet was selected as part of the building and moving-in process and was picked in part for its stain resistance. No problems were noticed until three or four months after the installation. It changed in appearance. The salesman from the dealer and the sales representative from the manufacturer both inspected and noted some form of crushing. The carpet mill commissioned Stan Fisher to do an inspection. All parties involved have agreed that the carpet is suffering from the condition known as pooling or shading. The claimant has stated that they should have been pre-warned that pooling was a possible problem they could encounter. No other complaints were noted at the time of this inspection. The claimant has filed a lawsuit against the dealer and is seeking new carpet. No corrections have been attempted.
DESCRIPTION OF PROBLEM AREA BY THIS INSPECTOR Upon entering the house, the carpet in the livingroom appeared to be darker in an area bordered by a serpentine line. Looking at this same area from another direction, it appeared to be lighter. This condition continued throughout the diningroom and the entire installation. In the bedroom one section appeared as if it were in the shape of a pool of water. Upon close inspection, the pile direction of the affected and non-affected area was different.
ON-LOCATION FIELD TESTING A pile direction test was performed with paper and pencil and it was noted that the pile directions of the affected areas were different from the rest of the carpet. A magnet was used in the affected and non-affected areas to see if the polar force were different. This theory has been supported by some experts as a cause of pooling. No difference was detected.
THE ISSUE The issue of this report is whether the dealer has a responsibility to replace the carpet in question due to problem of pooling or shading.
GUIDELINES FOR EVALUATING THE ISSUE Guidelines for determining this issue can be found in the CARPET & RUG INSTITUTE CLAIMS MANUAL and applicable laws and regulation.
INDUSTRY STANDARDS & DEFINITIONS According to the FLOOR COVERING DICTIONARY, it says this about shading. SHADING - An optical effect cased by light reflection on the carpet pile giving the appearance of alternate lighter or darker areas. Examination will show that the tuft are actually of a uniform color and are restored to a one-color effect when the pile is smoothed in one direction. This characteristic is most notable in cut loop constructions, particularly pile carpets. In addition, in cut-pile fabrics, an apparent change in color when the pile is bent, caused by differences in the way light is reflected off the bent fibers. This phenomenon is a characteristic of pile fabrics, not a defect. According to the CARPET AND RUG INSTITUTE in a booklet called Pile Reversal ("Shading," "Water Marking"), they say this about pooling: Now, the only conclusion, which can be drawn, is that pile reversal may develop on the surface of some carpet after it is installed. Pile reversal is not due to the materials, which are used to produce the carpet, the manufacturing process, or any combination of these factors. After the carpet is installed, pile reversal may develop on a carpet made with any fiber(s) or manufacturing process. Once it has developed, it cannot be permanently removed. "Over the last twenty years there has been a concerted effort by all segments of the industry to discover the cause and to reduce or eliminate it. However, it can no more be prevented today than it could hundreds of years ago when it was first observed on an Oriental rug. A higher, cut pile, denser carpet which will not develop these areas is more than the consumer should expect." According to the CARPET AND RUG INSTITUTES's CLAIMS MANUAL, it says this about side matches. Pile crushing, pile shading, and soiling are not manufacturing defects and will not be considered as a basis for claims. Claims for fuzzing and pilling will be subjected to examination and testing by the manufacturer. Claims for missing tufts will not be considered except on a basis of repair. No claims will be honored for carpet installed on stairs, in elevators and in bathrooms. The mill reserves the right to correct any repairable manufacturing defect. (See Glossary for definition of terms). According to the ALLIED Crush Resister™, their warranty of CRUSH RESISTANT carpet is as follows: "Original purchaser only. This warranty excludes problems, which may arise during use such as shading, crushing from placement of furniture, installation on stairs, abuse, and improper maintenance. Only normal indoor use of Anso Crush-Resistant carpets installed in owner-occupied residences. Area rugs are excluded. Burns, tears, pulls, abuse and damage caused by athletic/industrial footwear and equipment are not considered normal indoor residential use and are therefore not covered by these warranties."
THE INSPECTOR'S ANALYSIS Pooling is environmentally induced. There is no consensus on what forces actually create it; however, there are many theories. Among these are:
However, the field testing such as the one done with the compass showed no unusual change in the earth's magnetic poles, even though this has been listed as a possible cause by some carpet manufacturers and experts in the industry. In times past, no other test by this inspector has shown any of these theories to have merit. Thus to this inspector's best knowledge and from a professional opinion, there is no way to predict where pooling will take place. Pooling is a permanent change in the pile directions of which there are no lasting corrections. If this carpet had been installed in another house, it would likely not have pooled. If this carpet were replaced with similar dense plush pile carpet from a different manufacturer, it too would likely pool. If this carpet were uninstalled and installed somewhere else, the pooling would likely disappear. Furthermore, the construction of the carpet, the type of yarn that is used, its color, the method of installation, and the usage and maintenance are also not considered factors in causing pooling. Disclosure has been the leading argument for deciding who should be responsible when pooling takes place. The crush warranty from Allied contains disclaimer for pooling and shading. Some carpet mills have allowed a one-time-replacement. To this inspector's best knowledge and understanding, pooling has not been part of the real-estate disclosure for selling or buying a property.
CONCLUSION The dealer of the carpet in question does not have a responsibility to replace the carpet for pooling and shading based upon the CRI CLAIMS MANUAL and the fiber producer's warranty. |