505 Aero Drive
WARRANTY: A-Turf, Inc. (A-Turf) warrants to the Owner, subject to the limitations and conditions set forth below, that the synthetic turf surfacing system (Surface) as defined below, is and will be free from defects in material and workmanship and shall, for a period of eight (8) years from the date of partial occupancy or use by Owner, or, A-Turf’s substantial completion (whichever is earliest), remain serviceable for multiple sports activities. This Warranty for the Surface shall cover any and all defects for failures relating to synthetic grass seam rupture, synthetic yarn UV stability, and excessive wear and tensile strength. A-Turf further warrants that the Surface was installed in accordance with the description of the work as set forth in the Agreement.
A-Turf also warrants to Owner that the Surface shall drain vertically at a rate of 10” per hour as measured by ASTM F-1551.
A-Turf warrants that the average G-Max of the Surface will not exceed 125 at installation and will not exceed 165 for the duration of the warranty period. If the average of the readings do exceed 165 during the warranty period, A-Turf will take whatever measures necessary, at no cost to Owner, to achieve G-Max test results of, or below, 165.
A-Turf does not warrant the percolation rate, long-term planarity or compaction of the base on which the Surface is installed, except in those cases where the construction of the base is in the scope of work for which A-Turf is contracted to perform. A-Turf disclaims all warranties as to the base. A-Turf’s acceptance of the base is limited to those defects which are visible to the naked eye.
WARRANTY PERIOD: This Warranty shall be in force and effect for a period of ninety six (96) months from the Effective Date as defined below.
RESPONSE FOR WARRANTY REPAIRS: A-Turf agrees to perform all repairs required by this Warranty within a reasonable time after receiving prompt written notice from the Owner as provided below after A-Turf carries out all inspections and tests which it may deem necessary or advisable. Any required repair shall be initiated by A-Turf within twenty-one (21) calendar days of A-Turf’s receipt of the Owner’s written notice requesting such repairs or within such other time frame as the Owner and A-Turf mutually agree in writing. If A-Turf makes a repair at the Owner’s request and said response in not covered by the Warranty, A-Turf may charge the Owner standard repair charges.
LIMITATIONS AND EXCLUSIONS: Prior to the delivery of the Warranty, A-Turf delivered to the Owner literature concerning the maintenance procedures (the “Maintenance Manual”). The Owner agrees that it shall maintain the field in accordance with the Maintenance Manual and that the failure to do so may void this Warranty. This Warranty does not apply to any defect, failure, damage, or excessive wear caused by: (a) abuse or deliberate acts of vandalism; (b) accidents or acts of God; (c) static or dynamic loads exceeding A-Turf’s recommendations; (d) use of improper cleaning or maintenance methods or equipment; footwear having metal cleats, spikes, or similar projections other than conventional football, soccer or baseball shoes having cleats of not more than ½” in length, and other conventional running track shoes having spikes of not more than ¼” in length, or (e) owner negligence in failing to maintain the Surface in accordance with all appropriate documentation. Further, this Warranty is void and of no effect if the Owner has repaired or altered the Surface without A-Turf’s prior written consent. In no event will A-Turf be liable to the Owner for any alleged repair or alteration to the Surface made by the Owner.
This Warranty shall be of no force and effect if A-Turf is not paid in full for the Surface and A-Turf’s obligations under this Warranty are expressly contingent upon A-Turf being paid in full for the Surface. A-Turf must be paid at least 90% of its contract balance within one hundred twenty (120) days of the substantial completion of its work and fully paid within one year of the substantial completion of its work, or when the retainage is due by Contract. In the event that repairs are required which would otherwise be covered under the Warranty but for non-payment, A-Turf and the Owner may mutually agree that A-Turf shall perform such repairs on a C.O.D. basis.
A-TURF SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES EXCEPT AS STATED UNDER THIS WARRANTY. A-TURF’S SOLE OBLIGATION UNDER THIS WARRANTY IS TO REPAIR OR REPLACE ANY PORTION OR ALL OF THE SURFACE AS DETERMINED TO BE DEFECTIVE. BOTH THE EVALUATION OF THE AFFECTED AREAS AND THE CORRECTIVE PROCEDURES USED TO RECTIFY THE AFFECTED AREAS WILL BE GOVERNED BY ACCEPTED INDUSTRY STANDARDS. THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE SPECIFICALLY EXCLUDED HERE AS ARE ANY OTHER WARRANTIES RECOGNIZED BY LAW.
MAINTENANCE INSTRUCTIONS: Owner acknowledges receipt of the Maintenance Manual and agrees to comply with and carry out the instructions contained in the Maintenance Manual as a condition of the Warranty, which terms and conditions are incorporated by reference here. To the extent the Owner fails to comply with and carry out said instructions, A-Turf may declare the Warranty to be void. In the event that the Owner does not have adequate records documenting maintenance, A-Turf may declare the Warranty to be void and the Owner shall be responsible for all repairs and/or replacement at its sole cost.
CLAIMS: All claims by the Owner under this Warranty must be made in writing, in detail, to A-Turf, as set forth below within a reasonable timeframe of the Owner receiving notice of any defect.
INSPECTIONS AND TESTS: A-Turf shall be allowed to inspect the Surface during reasonable business hours regarding any claim that Owner makes under this Warranty, and to conduct such tests as A-Turf in its discretion may deem advisable. The Owner shall promptly furnish A-Turf with a copy of all written reports of any tests performed by the Owner or on the Owner’s behalf and shall identify to A-Turf the name and address of any entity or individual that performs any tests, whether a report is received or not. A-Turf shall not be responsible for any costs or expenses incurred by the Owner with respect to such tests. A-Turf shall promptly furnish the Owner a copy of any reports that are generated as a result of any tests it performs.
GOVERNING LAW: The governing law of this Warranty shall be governed by and interpreted in accordance with the laws of the State of New York.
EFFECTIVE DATE: The effective date shall be the date of ________________.