Limited Warranty – Preferred Turf Pty Ltd

Preferred Turf Pty Ltd endeavours to use the highest quality materials and the latest manufacturing techniques in the production of our Synthetic Grass products. Our products are manufactured and installed within our product tolerances which permit Preferred Turf Pty Ltd to offer a guarantee against defects in workmanship with respect to Preferred Turf Synthetic Grass products for a period of eight (8) years from the date of Substantial Completion. Where the Synthetic Grass products are installed by an authorised Preferred Turf Pty Ltd installer, Preferred Turf Pty Ltd guarantees against defects in installation for a period of one (1) year from the date of Substantial Completion.

The term Synthetic Grass, as used herein, shall include only the synthetic grass fibres and backings supplied by Preferred Turf Pty Ltd.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LIMITED WARRANTY,
THIS LIMITED WARRANTY SHALL NOT COVER ANY DEFECTS, FAILURE IN OR DAMAGE TO THE
SYNTHETIC GRASS THAT IS:

a. due or attributable to abuse, misuse, negligence;

b. installed, repaired, altered or replaced by any person other than an authorised Preferred Turf Pty Ltd installer;

c. damaged, directly or indirectly, including but not limited to, on account of, accident, vandalism, machinery, spiked shoes, animals, misuse, fire, flood,

d. war, chemical reactions, acts of God, static or dynamic loads exceeding Preferred Turf specifications at time of installation, improper or faulty subsurface

e. preparation, failure of the subsurface after installation including settling of the surface, or improper cleaning methods;

f. exposed to light other than natural light or approved artificial light; or

g. not maintained in accordance with Preferred Turf recommendations, including the care and maintenance of the infill system

h. (if applicable)

i. caused by ordinary wear & tear.

j. results from use for any purpose other than those approved in writing by Preferred Turf Pty Ltd.

THIS WARRANTY DOES NOT COVER ANY TYPE OF MATTING ON THIS PRODUCT, REGARDLESS OF THE CAUSE.

THE EXPRESS WARRANTIES SET FORTH IN THIS LIMITED WARRANTY ARE IN LIEU OF AND EXCLUDE ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

No person or party is authorised to create any obligation or liability for Preferred Turf Pty Ltd and only the limited warranty expressed herein shall apply.

Preferred Turf’s obligations under this limited warranty are restricted to the repair or, at Preferred Turf’s sole option, replacement of all, or the affected parts covered herein. Preferred Turf’s liability under this limited warranty is limited to the prorated replacement value (based on an 8 year period) of the item to be repaired or replaced. IN NO EVENT SHALL THE OBLIGATIONS OF PREFERRED TURF PTY LTD UNDER THIS LIMITED WARRANTY EXCEED THE PURCHASE PRICE OF THE PRODUCT.

The remedy of repair or replacement set forth herein shall be the sole and exclusive remedy of the Warranty Holder and Preferred Turf Pty Ltd shall have no other obligations or liability in connection with any matter or thing, including without limitation, the condition or quality of the Synthetic Grass.

WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL PREFERRED TURF PTY LTD BE LIABLE TO THE WARRANTY HOLDER OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CONNECTED WITH THE USE OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR DAMAGES RELATING TO PERSONAL INJURY, LOST TIME OR CONVENIENCE, LOSS OF USE OF THE PRODUCT, LOST PROFITS OR REVENUES, DOWNTIME COSTS, THE LOSS OF PERSONAL OR COMMERCIAL PROPERTY, THE COSTS OF TELEPHONE, TRAVEL OR LODGING, OR ANY OTHER DAMAGES.

Preferred Turf Pty Ltd endeavours to handle all warranty claims promptly and professionally. The obligations of Preferred Turf Pty Ltd under this Limited Warranty are conditional on Preferred Turf Pty Ltd having been paid in full with respect to this project, including all change orders at time of claim.

It is agreed that all claims by purchaser made under the foregoing limited warranty shall be invalid and null and void unless made in writing to Preferred Turf Pty Ltd within (8) years from date of Substantial Completion for product defects or within (1) year from date of Substantial Completion for installation defects and within (30) days of learning of the defect giving rise to its claim.

This Limited Warranty is not Transferable.