U.S. Turf Company, LLC. guarantee that for five (5) years from the date of synthetic turf purchase, the turf, when installed and maintained as recommended by the yarn & turf manufacturer, will retain at least 50% of its pile fiber. If any area or portion of the turf substantially changes, as distinguished from a change in texture, or if pile heights decrease 50% or more within five years after its initial installation, U.S. Turf Company will have all such areas or portions replaced with new turf of equivalent quality, excluding installation costs. U.S. Turf Company also warrants that at the time of the initial turf installation, the synthetic turf will be free of manufacturing defects. Slight color changes will occur over the lifetime of this synthetic turf and is not considered an issue or basis for claim. All labor cost involved with the removal of the affected synthetic turf and reinstallation of the replacement carpet will be the responsibility of the purchaser.
Subject to the following limitations:
General provisions of this limited guarantee apply only to the wear of the synthetic turf with regard to ultraviolet degradation, and do not apply to damage incurred during installation, improper underlay, pile crushing, willful or negligent abuses, or damage by machinery or equipment, nor does it apply when the turf is not professionally installed by an approved installer. This limited guarantee does not apply to installations on uneven surfaces, nor does it apply to synthetic turf which has not been properly maintained.
The expressed limited guarantee excludes all implied guarantees, and said manufacturer shall in no event be liable for a breech of guarantee in any amount exceeding the mill invoice price of the turf.
If dissatisfied, the owner must submit notice of all claims under this guarantee to U.S. Turf Company within five(5) years from the date of synthetic turf purchase date.
Limitations on Coverage
The term “Synthetic Turf”, as used herein, shall only include synthetic turf supplied by U.S. Turf Company. This guarantee does not apply if the product is used for any application other than sports fields, courts, greens, or landscaping, to any damage caused during or on account of improper installation or repairs, to the extent that any defect or damaged is caused by burns, cuts, accidents, vandalism, abuse, negligence, neglect, improper design, failure of the sub-base of sports field, putting green, court, landscape or flexgrass areas, wear or abrasion caused by inadequate sub-base, wear or abrasion under swing sets, slides, and other high friction areas, use of infill products of an incorrect grade/coarseness, failure to maintain infill product a the correct level (per FIFA accredited test institutes), use of inappropriate footwear or sports equipment, playing surface being used other than the purpose for which it was designed, use of chemicals, herbicides, pesticides, use of improper cleaning methods, any harmful chemical reaction to the product caused by infill materials, damage from melting of fibers of any kind, acts of God or other conditions beyond control of U.S. Turf Company, post fibrillation after or during the installation by purchaser, failure to properly maintain, protect or repair the synthetic turf product, matting, crushing marks are inherent characteristics of synthetic turf manufactured using polypropylene/olefin and nylon fibers, damage that occurs during the shipping/transportation process. All shipping claims must be filed against the truck line in question, damage caused by reflection (melting) or other flammable materials, pile crushing or matting of synthetic turf, wear and tear or abrasion. All synthetic turf is subject to normal wear and tear and is not a manufacturing defect is not covered by this guarantee.
Remedy
If a product fails to perform as guaranteed during the guarantee period, U.S. Turf Company, LLC. will provide replacement product, F.O.B. for the product determined by the U.S. Turf Company not to comply with the stated guarantee, allowing the purchase price for the replacement product prorated for the number of months remaining in the unexpired guarantee period. Purchaser shall be responsible for paying the portion of the purchase price for the replacement product not allowed by the U.S. Turf Company shall not be responsible for removal of the defective turf or installation of the new.
Limitations on Liability
In no event shall U.S. Turf Company, LLC. be liable, whether on contract or in tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, or for indirect special, incidental, consequential, punitive or similar damages arising out of or in connection with the use, condition, possession, performance, maintenance, non-delivery or late delivery of the products, even if the U.S. Turf Company has been advised of the possibility of such damages. U.S Turf Company shall not be responsible for any costs or expenses incurred by Purchaser or others with respect to any tests, inspections, or consultations conducted by Purchaser or others. Claims must be submitted within 15 days after discovery of the alleged defect. Purchaser must promptly inspect all products upon delivery. Anything herein to the contrary notwithstanding, to the extent that any defects, shortages, or non-conformities in the products are discoverable by inspection upon delivery of the products, all obligations of U.S. Turf Company to purchaser with respect to such defects, shortages, and non-conformities shall be deemed satisfied, and all products shall be deemed to be free of such defects, shortages, and non-conformities, unless Purchaser notifies U.S. Turf Company of such defects, shortages, or non-conformities in writing within 15 days after the date of delivery.
Assignment
Purchaser may not transfer, convey, or otherwise assign all or any of its rights under this warranty without prior written consent of U.S. Turf Company. Any such transfer or assignment without prior written consent shall be null and void and of no force or effect.
Claims Procedure
Claims must be signed and submitted in writing and delivered to:
U.S. Turf Company, LLC.
9318 N. 95th Way, Suite 106
Scottsdale, AZ 85258
