12 Year Synthetic Turf Transferable Warranty Against Failure Due To Exposure To Sunlight (Polyethlene)
(PE Monofilament, XP, LSR)
This Warranty shall be in force and remain in effect for a period of twelve (12) years beginning on the date of invoice (“Effective Date”) and, except as otherwise provided, covers North America including the United States and Canada.
- Manufacturing Defects. Challenger warrants that at the time of initial invoice, the Product will be free of any defects in materials and workmanship. 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 warranty.
- Pile Retention Limited Warranty: Challenger warrants that the Product will retain at least 50% of its pile fiber when:
a. when properly installed by an installer who originally purchased the material from Challenger;
b. when properly maintained according to the Synthetic Turf Council’s (“STC”) recommended turf
maintenance procedures. A copy of the STC guidelines is attached to this Warranty.
- Proration of Warranty. Years 1-8 (100% product replacement), Years 9-10 (50%), Years 11-12 (10%)
REMEDY LIMITED TO REPLACEMENT PRODUCT
Challenger Turf’s liability under this Warranty shall be limited to the replacement of the defective Product, and specifically excludes all costs associated with removal of the defective Product and installation of the replacement Product, except that Challenger will reimburse the warranty holder up to $1.00/square foot of costs for reinstallation. All costs associated with removal of the defective Product and installation of the replacement Product shall be the sole responsibility of the Purchaser. All Warranty claims must be submitted to Challenger as set forth in the “Claims Procedure” section herein.
If, after the Purchaser has submitted the claim for the alleged defective Product pursuant to the Claims Procedure set forth here, and Challenger Turf has determined, in its sole discretion and/or with identified yarn manufacturer, that the Product is defective and the defect is covered by this Warranty, Challenger will provide replacement Product to the Purchaser, F.O.B. Mill. The Warranty Period for the replacement Product shall be limited to the remaining Warranty Period for the initial Product.
LIMITATIONS AND EXCLUSIONS TO THIS WARRANTY.
- Except as specifically provided herein, this Warranty applies only to the original purchaser of the Product when purchased directly from Challenger and is not assignable to any subsequent purchasers or user of the Products.
- This Warranty covers first quality Products only, and is not applicable to Products sold as seconds, closeouts or irregulars.
- Warranty applies for defined uses. Products will not be warrantied if used in sports and play applications.
- This Warranty only applies to the wear of the Product with regard to ultraviolet degradation, and does not apply to damage incurred during installation, improper underlay, pile crushing, reflection burns/melting, 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.
- Fluctuation in texturized yarn Products, used as face yarn or thatch yarn, is not considered a defect, nor is shade differences due to dye lot changes, and shall not be covered by this Warranty.
- Slight color changes will occur over the lifetime of this Product and such color changes are not covered by this Warranty and will not be considered an issue or basis for claim.
- Challenger 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 on the Products.
- This Warranty does not apply if the product is overused for any application.
- Any visual yarn/product defects must be documented and registered with the manufacturer within 12 months after the invoice date in order for a valid claim to be processed.
- This Warranty does not apply to product installed with known visual defects. Installer must notify manufacturer prior to installation of known problem else warranty will be void.
- This Warranty specifically excludes defects or damages caused by:
a. improper installation, joining of seams or repairs;
b. Burns, cuts, accidents, vandalism, abuse, negligence, or neglect;
c. Improper design or failure of the sub-base of the sports field, golf green, court, or lawn;
d. Wear or abrasion caused by inadequate sub-base;
e. Wear or abrasion under swing sets, slides, and other high friction play equipment;
f. Wear or abrasion on high friction areas of field;
g. Wear due to lack of infill/no infill;
h. Shrinking or melting of fibers due to reflection or other sources of extreme heat;
i. Texture variation of fibers (sub-pile/thatch products);
j. Expansion / Contraction of product due to lack of infill, improper securing of edges;
k. Use of infill products of an incorrect grade resulting in seam ruptures;
l. Failure to maintain infill products at the correct level of 50% of pile height or otherwise noted on product specification sheets;
m. Use of inappropriate footwear or sports equipment (or lack of footwear);
n. Use of chemicals, herbicides, pesticides (unless approved by yarn manufacturer in writing)
o. Use of improper cleaning methods
p. Loss of tuft bind / fiber loss due to chemical and/or gas spills and leaks (includes leaks
from equipment driven or used on turf surfaces);
q. Wear / Fiber loss due to animals / animal traffic;
r. Any harmful chemical reaction to the product caused by infill materials
s. Acts of God or other conditions beyond the reasonable control of Purchaser or Challenger;
t. Post fibrillation after or during installation for purposes other than to get infill materials in place;
u. Failure to install seams, lines, logos properly;
v. Failure to properly maintain / repair seams, lines, logos;
w. Use of a non-approved seam tape and/or adhesive;
x. Failure to use seam adhesives / sealer on cushion backed products;
y. Packing, matting, or roll crush marks of Products as these are inherent characteristics of Products manufactured using polypropylene/olefin and nylon fibers;
z. Product damage occurring during the shipping/transportation process. All shipping claims must be filed against the truck line in question, a signed BOL must me noted with any shipping defects at time of delivery / pickup; aa. Heat / temperatures of turf surface due to sources of natural environment, including sunshine, high air temperatures, and underlayment pad products.
NO EXPRESS OR IMPLIED WARRANTIES
CHALLENGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, KIND, OR DESCRIPTION, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE PRODUCTS EXCEPT AS SPECIFICALLY STATED HEREIN. CHALLENGER SPECIFICALLY EXCLUDES THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
LIMITATIONS ON LIABILITY
Challenger’s sole liability for any and all damages resulting from any cause whatsoever, whether based in contract, negligence, strict liability, other torts, or otherwise shall be limited to the original price of the Product.
IN NO EVENT SHALL CHALLENGER BE LIABLE 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 SUCH CAUSE.
PURCHASER’S OBLIGATION TO INSPECT UPON DELIVERY
Purchaser must promptly inspect all Products upon delivery and notify Challenger in writing of any defects, shortages or non-conformities within 30 days of the date of delivery (“Delivery Date”). Notwithstanding anything herein to the contrary, if Purchaser fails to promptly inspect and identify any Product defects, shortages, or non-conformities which are discoverable by inspection within 30 days of the Delivery Date, Purchaser shall be deemed to have accepted the Products as is and Challenger shall have no obligations and/or liability with respect to such defects, shortages.
Purchaser may make a one-time transfer of this warranty to the owner of the project in which the Product(s) were installed. No further transfer, conveyance, or assignment of all or any rights under this Warranty is permitted without the prior written consent of Challenger. Any such transfer or assignment without prior written consent shall void this warranty.
THIS WARRANTY CONSTITUTES THE FINAL AND EXCLUSIVE WARRANTY TERMS FOR THE PRODUCTS AND MAY NOT BE MODIFIED EXCEPT BY AN OFFICER OF CHALLENGER.
Any claims under this Warranty must be submitted in writing to Challenger by Purchaser within 30 days after discovery of the alleged defect. In the event that Purchaser failed to notify Challenger within 30 days, Challenger has the right to declare this Warranty void. Claims must be signed and submitted in writing, by one of the following methods:
- Via certified mail with proof of delivery, addressed to the following:
Challenger Turf, LLC
743 Hill Road
Dalton, GA 30721
Attn: EnvyLawn Claims Department
- Via email communication to: Via electronic communication (email) sent to the following:
firstname.lastname@example.org This method of claim submission is valid and binding upon Challenger only if the Purchaser receives a confirmation of receipt of the email from Challenger Industries.
This Warranty and its terms and conditions shall be exclusively governed by the laws of the State of Georgia without regard to its conflicts of law provisions. Purchaser agrees that the exclusive venue for any action pertaining to transactions between the Company and Challenger shall be the Superior Court of Whitfield County, Georgia Purchaser hereby waives all personal jurisdiction defenses with respect to said venue.