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| ROC#222248 | ||
| 8 YEAR LIMITED GUARANTEE ON SYNTHETIC TURF PRODUCTS | ||
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U.S. Turf Company guarantees that for eight (8) years from the date of synthetic turf installation, the turf, when installed and maintained as recommended by the 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 eight years after its initial installations, U.S. Turf Company will have all such guarantees that at the time of the initial synthetic 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 turf and reinstallation of the replacement synthetic turf will be the responsibility of the purchaser.
Limitations on CoverageThe term “Synthetic Turf”, as used herein, shall only include turf installed by U.S. Turf Company. This guarantee does not apply if the product is used for any application other than sports fields, courts, greens, landscaping & flexgrass areas, to any damage caused during or on account of improper installation or repairs, to the extent that any defect or damage is caused by: burns, cuts, accidents, vandalism, abuse, negligence, or neglect, improper design or failure of the sub-base of the sports field, 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 play equipment, use of infill products of an incorrect grade, failure to maintain infill products at the correct level (per FIFA accredited test institutes), use of inappropriate footwear or sports equipment, the playing surface being used other than for the purpose for which it was designed and installed, 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 the reasonable control of U.S. Turf Company, post fibrillation after or during installation for purposes other than to get infill materials in place, failure to properly maintain, protect or repair the products or turf, packing, matting, or roll crush marks are inherent characteristics of 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 turf, wear and tear or abrasion caused by misuse. All synthetic turf is subject to normal wear and tear. Normal wear and tear is not a manufacturing defect and is not covered by this guarantee. RemedyIf a product fails to perform as guaranteed during the guarantee period, U.S. Turf Company will provide replacement product, F.O.B. for the product determined by U.S. Turf Company or U.S. Turf Company representative 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 U.S. Turf Company. U.S. Turf Company shall not be responsible for removal of the defective synthetic turf or installation of the new. The U.S. Turf Company shall have no obligations or liability with any matter or thing, including without limitation, damages for personal injury or damages related to lost revenue, increased costs, downtime costs, and all other indirect or consequential damages. The U.S. Turf Company will not be liable in any manner for damaged driveways, walkways, pool decks, patios, fences, gates, shrubs, trees, existing landscaping, any of purchasers personal property, purchasers tools, retaining walls, sprinkler system, low voltage lighting. Limitations on LiabilityIn no event shall U.S. Turf Company 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 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. AssignmentPurchaser may not transfer, convey, or otherwise assign all or any of its rights under this guarantee 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 ProcedureClaims must be signed and submitted in writing and delivered to: U.S. Turf Company, LLC. | ||
