Artificial Grass Company Product Warranty
- Limited Warranty
Artificial Grass Company warrants to the person, firm or entity purchasing from Artificial Grass Company (hereinafter referred to as “the Purchaser”), that under normal conditions, Artificial Grass Company products will sustain their UV stability and tensile strength during the applicable warranty period. For purposes of this warranty, a product whose tensile strength does not decrease by more than 50% will be judged to have sustained its UV stability and tensile strength. All products are covered by an ten-year warranty. The applicable warranty period begins on the date of installation or supply of the product. Warranty covers product only and not installation, groundwork or labour. Warranty is only applicable where a maintenance contract is undertaken by Artificial Grass Company at least once during each 12 month period following date of installation. Artificial Grass Company are not liable for cost of maintenance contract; the purchaser shall cover all costs involved. Artificial Grass Company do not take responsibility for third party installations. Installation of artificial grass on to any wooden sub-base e.g. decking, will not prevent the deterioration of the sub-base. Artificial Grass Company shall not be liable for any deterioration of wooden sub-base onto which artificial grass has been installed.
Artificial Grass Company will repair or replace, as Artificial Grass Company deems necessary to correct any defect, the product which is determined by Artificial Grass Company not complying with the above warranty. If replacement is deemed necessary, Artificial Grass Company will supply replacement product, and for the product which is determined by Artificial Grass Company not complying with the above warranty, allowing the purchase price for the replacement product multiplied by a fraction, the numerator of which is the number of months remaining in the warranty period and the denominator of which is the total number of months in the warranty period. The Purchaser shall pay the portion of the purchase price for the replacement product not allowed by Artificial Grass Company. Artificial Grass Company shall neither be obligated to remove or dispose of the defective turf or install the new turf, nor be obligated to pay the cost for such removal, disposal or installation.
- Limitations on Coverage
This warranty is inapplicable (i) to products used for any purpose other than landscape purposes, (ii) to any damage during or on account of improper handling, storing, transportation, installations or repairs unless the improper conducts are committed by Artificial Grass Company, or (iii) to the extent that any defect or damage is caused by:
- Burns, cuts, accidents, vandalism, abuse, negligence or neglect;
- Japanese Knot Weed, Bamboo, Mare’s Tail, Tree Root Growth or any other horticultural external influence;
- Wild animal damage including Badgers, Moles, Foxes and any other non-domestic animal;
- Damage from Dogs, Cats, Rabbits or any other domestic pet;
- Reflection from mirrors and/or glass onto the product;
- Subsidence caused by ground movement and/or tree roots;
- Improper design or failure of the sub-base
- Drainage defects or deficiencies on the sub-base and/or its surrounding area;
- Wear or abrasion caused by an inadequate sub-base;
- Any harmful chemical reaction to the Product caused by infill materials;
- Use of improper footwear or sports equipment;
- The playing surface being used for the purpose other than for which it was designed and installed;
- Application of improper cleaning methods.
- Use of cleaning chemicals, herbicides or pesticides;
- Forces majeure or other conditions beyond the reasonable control of Artificial Grass Company;
- Post fibrillation after or during installation purposes other than to get the infill materials in place; or
- Failure to properly maintain, protect or repair the Products.
All products are subject to normal wear and tear. In addition to the factors mentioned above, wear and tear depends on, without limitation, the intensity of use of the product – normal intensity of use is considered to be 30-60 hours of use on average per week with the condition that each player has at least 125 square meters on the field. Artificial Grass Company does not warrant against normal wear and tear. Artificial Grass Company shall not be responsible for any warranty issued or made by the Purchaser to third parties, including, without limitation, any warranty made by the Purchaser with respect to the useful life of the products. The Purchaser should carefully read the latest versions of Artificial Grass Company’s product information materials, literature and recommendations on products maintenance and performance optimization.
- Limitations of Liability
Artificial Grass Company ENTIRE LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRIVE FOR THE DEFECTIVE PRODUCTS. Artificial Grass Company SHALL IN NO EVENT BE HELD LIABLE, WHETHER ON THE BASIS OF CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING BUT NOT LIMITED TO, STRICT LIABILITY AND/OR EQUITABLE THEORY), FOR LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSSES, OR FOR INDIRECT, SPECIAL, INCIDENTAL, ARISING FROM OR IN CONNECTION WITH THE USE, CONDIDITIONS, POSSESSION, PERFORMANCE, MAINTENANCE, NON-DELIVERY OR LATE DELIVERY OF THE PRODUCTS, EVEN IF ARTIFICIAL GRASS COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, CONSEQUENTIAL, PUNITIVE.
- No Other Warranties
THE WARRATNY PROVIDED HEREIN IS THE SOLE EXCLUSIVE WARRANTY WITH REGARD TO ARTIFICIAL GRASS COMPANY PRODUCTS AND REPLACES ANY AND ALL OTHER WARRANTIES, WHETHER ORAL OR IN WRITING, OF ANY KIND CONCERNING ARTIFICIAL GRASS COMPANY PRODUCTS. THE REMEDIES OF REPAIR AND/OR REPLACEMENT PROVIDED IN ARTICLE 2 HEROF ARE THE SOLE OBLIGATIONS OF ARTIFICIAL GRASS COMPANY, AND THE SOLE REMEDIES OF THE PURCHASER, UNDER THIS WARRANTY. EXCEPT AS EXPRESSLY PROVIDED WITHIN, ARTIFICIAL GRASS COMPANY MAKES NO STATEMENTS OR WARRANTIES OF ANY KIND OR NATURE CONCERNING ANY OF ITS PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
This warranty and Artificial Grass Company standard terms and conditions of sale are the complete, final and exclusive agreement of the parties with respect to the quality and performance of the Products and any and all warranties concerning the Products. No dealer, sales representative or similar person is authorised to grant warranties which are not covered by this warranty, to extend any warranty period hereunder or otherwise to change, modify, amend or supplement the provisions of this warranty. Any change, modification, or supplement to this warranty must be made in a written instrument signed by an authorised representative of Artificial Grass Company.
Any Artificial Grass Company failure to exercise, or delay in exercising any right, power or remedy hereunder shall not be considered as a waiver thereof. No single or partial exercise of any right, power or remedy by Artificial Grass Company preclude any other or further exercise of any other right, power or remedy. Severability. If any provision or any portion of any provision of this warranty be held to be illegal, invalid or unenforceable by a competent judicial court, the remaining provisions or portions thereof shall remain in full force and effect and shall remain to be a binding agreement of the parties with respect to the subject matter hereof.
Without Artificial Grass Company’s advance written consent, the Purchaser may not transfer, convey or otherwise assign all or any of its right under this warranty. This warranty is to benefit and be binding upon Artificial Grass Company and the Purchaser and their respective successors and authorized assigns. Claims under this warranty may only be made by the Purchaser and not by the Purchaser’s sub-buyers or any other third parties.
- Notifications of Claims
Claims under this warranty must be tendered in writing within 30 days after the discovery of the alleged defect, accompanied with proof of installation date, name of installation company, batch number, location of installation, product sample, sample of infill material(s) and a minimum of three clear pictures showing the problem to:
Artificial Grass Company
1 Glenford Way
Artificial Grass Company shall not be held to bear any costs or expenses incurred by he Purchaser or others with regard to any tests, inspections or consultations carried out by the Purchasers or others.
**Artificial Grass Company reserves the right to explain and modify the above items.