Agenda - Parks and Recreation Commission - 01/11/2024

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NO FAUL7 LLC 3112 Voky Cr*O Dov&, ft C NO FAULT SAFETY SURFACE 84" Rokspe, LA 70M PRODUCT WARRANTY- Five (5) Yr. FULL 22&215.7700 wownONIACOM Project Name: SAMPLE WARRANTY NF Job No,: Address: Customer Date of Corn*bon: NO FAULT LLC ("NF") warrants to the original purchaser (established as 'Customer' above) that the No Fault Safety Surface ("NFSS"), installed under the above referenced Project, will conform to the NFSS specifications and remain free from defects in materials and workmanship for a period of five (6) years, per the terms and conditions provided herein. This limited warranty shall provide for one hundred percent (100%) of the cost to repair or replace of any defective materials or workmanship in the surface area(s) that fail during the warranty period. This includes a failure of the surface to maintain impact attenuation values at or below 1000 HIC and/or 200 GMAX, when tested in accordance with the ASTM F1292 version effective at the time of installation. This warranty shall commence on the date of substantial completion (as established above) and shall expire exactly three years later. This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Customer. All warranty claims shall be made in writing to NF within thirty (30) days of the Customer's knowledge thereof The written notification from the Customer shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with NF at the installation site (if applicable). NF shall determine the validity of all claims after sufficient evidence has been gathered, NF shall then replace, repair, or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Customer on a warranty claim is exercisable only if said allowance is used to accommodate replacement with NF's then current surfacing system. NF's liability for warranty claims shall in no event exceed the cost of repair or replacement of such area(s) that have failed. Customer agrees that in no event shall NF have any liability to Customer for loss of use or loss of profits or any form of consequential damages. Any dispute as to whether and to what extent there is a NFSS product failure and subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between NF and Customer in order to achieve a mutually agreeable solution. If a solution cannot be reached within thirty (30) days, then either the Customer or NF may submit the matter to an accredited arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of the American Arbitration Association. The decision of the Arbitrator shall be binding on both parties. This warranty does not include normal wear and tear, discoloration or fading as a result of ultraviolet rays, shrinkage (which is an inherent characteristic of elastic rubber), any damages to the surface during the curing period, or improper sub -base design or construction, including but not limited to surface cracking along expansion joints or separating from an adjacent border, curb, walkway, or existing surface. If the underlying sub -base materials fail for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then NF's warranty shall be rendered invalid. NF is under no obligation or responsibility to repair and/or replace the NFSS product if damaged by lawn and landscaping equipment; vehicular traffic; vandalism (including bums, cuts, gouges, etc.); product misuse, abuse or alteration; improper drainage; improper or tack of maintenance, any foreign residue that may be deposited on the surface; any foreign matter from surrounding areas (i.e. any substance other than those indicated on NF's IVISDS sheets) that may be siphoned through, migrated in, lodged in and/or harden the surface; sharp objects (high heels, spikes, etc.); use of unapproved cleaning materials; or acts of God. Specifically regarding Underwater, Water Play, and Pool -deck applications, foreign or excessive chemicals in the water can cause potential damage to the NFSS product resulting in fading, chalking, bleeding, and/or degradation. Pool chemicals and water treatments such as "Ozone' and chlorine levels with a pprn of greater than 3 will harm and degrade the NFSS product NF will not warrant the NFSS product when foreign or excessive chemicals are used in or around the surface installation. NF will not warrant against mold or mildew caused by improper drainage and/or improper sloping around the pool area, sauna area, steam area or shower area. Recommended minimum slope for positive drainage is 2% for areas over 2000 SF. Page 1 of 2 q