Warranty - Superlawn™ & LeisureLawn™ 2018

2018 LANDSCAPE PRODUCTS WARRANTY

 

LEISURE GRASS LTD, offer for the following artificial turf products the warranty periods indicated below under the terms established in the GENERAL CONDITIONS:

 Grass Description

Warranty

Superlawn™ 30 Soft feel

  6 years

Superlawn™ 25 Soft touch

  6 years

Superlawn™ 25 Extra

  7 years

Superlawn™ 35 Supersoft

  7 years

Superlawn™ 30 Exceso

  7 years

Superlawn™ 38 Suave

  7 years

Superlawn™ 35 Plus

  8 years

Superlawn™ 35 Deluxe

  8 years

Superlawn™ 40 Luxury Touch

  8 years

Superlawn™ 35 Supreme

  8 years

Leisurelawn™ 38 Suave                8 years

Leisurelawn™ 30 Alba                  8 years

Leisurelawn™ 40 Stripe plus     8 years



The validity of this warranty is submitted to a specific sales invoice. Any problem occurring during the period of warranty has to be evidenced by the buyer by means of a descriptive report with photos, invoice given to the final client, as well as the date of installation of the materials; and Leisure Grass UK Ltd, if according, will be responsible in virtue of the established GENERAL CONDITIONS below :

Leisure Grass UK Ltd  2nd May 2018 

GENERAL CONDITIONS OF THE WARRANTY

I. Limited Warranty. Leisure Grass UK Ltd warrants to the person, firm or entity purchasing its products (hereinafter referred to as “the Purchaser”) that under normal conditions, Leisure Grass UK Ltd products will sustain their UV stability and tensile strength during the applicable warranty period described in the Attachment between Leisure Grass UK Ltd and the Purchaser for the sale of Leisure Grass UK Ltd artificial grass products. For purposes of this warranty, a product whose original tensile strength does not decrease by more than 50% will be judged to have sustained its UV stability and tensile strength.

Each product has its own warranty period, from two (2) to ten (10) years, which depends on factors such as the technical characteristics, application and/or geographical location where the artificial turf is installed. The applicable warranty period begins on the date of installation of the product, or after confirmation of receipt of the product by the consumer by signing the documents of receipt of merchandise. Warranty covers product only and not the installation, groundwork or labour. Leisure Grass UK Ltd do not take responsibility for third party installations.

II. Commitment. This warranty is limited to tasks of reparation or replacement, being the only alternatives possible. There will not be any money refunds. In case of a substitution, Leisure Grass UK Ltd will provide the product, ex works, and will be responsible for the purchase price of the replacement product during the first two years from the start of the guarantee, although after 6 months from that start, it will be the buyer who must prove the defect in the product to activate the guarantee. After the first two years, in case of a substitution, Leisure Grass UK Ltd will provide the product, ex works, and the price charged of the substitute product purchase will be multiplied by a fraction with a numerator that is the number of remaining months until the end of warranty and a denominator being the total of the months of this period. The Purchaser shall pay the portion of the purchase price for the replacement product not allowed by Leisure Grass UK Ltd. Leisure Grass UK Ltd 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.

III. Scopes of Warranty. This warranty is inapplicable (i) to products used for any purpose other than sports fields or landscape purposes, (ii) to any damage caused during or because of improper handling, storing, transportation, installation or repairs unless the improper conducts are committed by Leisure Grass UK Ltd or its authorized agents, or (iii) to the extent that any defect or damage is caused by the buyer and due to:

(1) Burns, cuts, accidents, vandalism, abuse, negligence or neglect,

(2) Improper design or failure of the sub-base of the sports field or court,

(3) Drainage defects or deficiencies in the sub-base and/or the surrounding zone,

(4) Use or abrasion caused by an inadequate sub-base,

(5) Reflection from mirrors and/or glass onto the product,

(6) Incorrect levels or type of infill in conformation with independent accredited labs approved by Leisure Grass UK Ltd,

(7) Not maintaining the infill products at their correct levels in conformation with independent accredited approved by Leisure Grass UK Ltd) indicated in the technical datasheet of the product,

(8) Any damage from a product chemical reaction caused by the infill materials,

(9) Use of improper footwear or sports equipment,

(10) A different application or use of the game surface than what it was installed for,

(11) Application of inadequate cleaning methods,

(12) Use of chemical or cleaning products, herbicides or pesticides,

(13) Solar exposure range superior to 200W/m2,

(14) Causes of force majeure or other conditions that are uncontrollable by Leisure Grass UK Ltd,

(15) A phenomenon of post fibrillation during or posterior to the installation with other purposes than infill material collocation,

(16) Failure to properly maintain, protect or repair the products.

 

All the products will suffer a normal level of wear produced by usage.  The wear of the product will depend, amongst other things including the factors mentioned above, on the intensity of the usage. An average of 30 weekly hours of use is considered a normal intensity when a minimum of 125 meters squared of the surface correspond to each player. The Leisure Grass UK Ltd warranty does not cover the wear for normal use. Leisure Grass UK Ltd will not be responsible for any warranty that the Purchaser has emitted or realized in favour of the third person, including, amongst others, the warranties related to the lifespan of the products. The Purchaser must read attentively the documents and materials of information on the Leisure Grass UK Ltd product, as well as the recommendations of maintenance and of optimization of performance.

 

IV. Limitation of responsibility. Leisure Grass UK Ltd.’s total responsibility respecting any product with defect will not exceed in any case the purchase price of the same. Leisure Grass UK Ltd will not be responsible in any case, either for the disposition in a contract or under responsibility for extra contractual illicit act (including amongst others, strict responsibility and/or equity theory), of the benefit or revenue loss, loss of use or similar economic losses, nor of the indirect, special, incidental, consequential, punitive or similar damage derived from usage, conditions, possession, performance, maintenance, non-delivery or late delivery of the products, including in the case of notification to Leisure Grass UK Ltd of a possible existence of such damage.

 

V. Unique Warranty. The warranty indicated previously is the only valid guarantee that exists regarding Leisure Grass UK Ltd products, and substitutes any other warranty, oral or written, of any type, which could affect these products. The solutions for defects by the means of reparation and/or substitution proposed in article ‘II. Commitment’ in the present document are the only obligations that Leisure Grass UK Ltd acquires regarding these products, and the only solutions for which the Purchaser can opt for under this warranty, except for contrary stipulation contained in the present document. Leisure Grass UK Ltd does not assume any other warranty respecting its products, neither explicitly nor implicitly, including amongst others, commercial warranties, of aptitude for determined purposes or the infringement of the third-party rights.

 

VI. Modifications. This warranty, the terms and standard conditions of sale of Leisure Grass UK Ltd establish the integral and final agreement of the parties related to quality and the efficiency of the Products and will be considered the only valid warranty respecting the same. No distributor, commercial or similar is authorized to emit warranties that are not covered by the dispositions of this document, nor amplify the periods of warranty set here, nor change, vary, amend or amplify the dispositions of the present warranty. All changes, modifications or amplifying of the present warranty have to be written and the resulting document must be signed by an authorized representative of Leisure Grass UK Ltd.

 

VII. Resignation Clause. The fact that Leisure Grass UK Ltd does not exercise some rights or faculties established in the present document or does not adopt legal solutions indicated in the same, or delays the exercise of adoption, does not imply that it renounces them. The partial or only exercise of some of these rights, faculties or legal solutions on behalf of Leisure Grass UK Ltd does not imply the prohibition of the future exercise of other rights, faculties or solutions.

 

VIII. Divisibility Clause. In case of any of the dispositions of the present warranty, or part of the same, it is considered illegal, invalid or inapplicable by the judicial order of a competent tribunal, the rest of the dispositions or parties will stay valid, will have legal effect and will constitute the binding agreement between the parties respecting the object of the present document.

 

IX. Assignation. The Purchaser will not be able to transfer or assign in any way the totality or part of the rights indicated here without the previous written consent on behalf of Leisure Grass UK Ltd. The present warranty is established in the benefit of Leisure Grass UK Ltd and the Purchaser or his respective successors or legal assigns and constitutes a binding document for the parties. Only and exclusively the Purchaser - and not sub-purchasers or third parties - will be able to make complaints and claims with the present warranty.

 

X. Claim Notification. The claims that are made with the present warranty have to be presented in a written form within 2 months after the date when the supposed defect has been discovered and accompanied with a commercial invoice of the final costumer, and a proof of the date of installation with all the possible data from the installer. All the documentation has to be submitted to the following address:

Leisure Grass UK Ltd 33 Mottram Road, Stalybridge SK15 3AD

 

Leisure Grass UK Ltd will not have to assume the costs nor expenses incurred by the Purchaser or third parties respecting tests, inspections or consulting done by the Purchaser or third parties.

At the same time Leisure Grass UK Ltd reserves, the right to send a professional to revise the product claim in situ.

Leisure Grass UK Ltd reserves the right to explain and modify the points indicated above.