Warranty

ALL WARRANTIES ARE NOT ACTIVE UNTIL FINAL PAYMENT IS RECEIVED IN FULL.
THREE YEAR LABOR WARRANTY

Tough Turtle Turf warrants our synthetic turf for limited twenty-five (25) years and three (3) year labor warranty from the date of synthetic turf installation (the “Warranty”) when it is installed and maintained as recommended by the turf manufacturer and Tough Turtle Turf’s attached recommendations. If any area or portion of the installed turf substantially changes, as distinguished from a change in texture after its initial installation, Tough Turtle Turf will have all such substantially changed areas or portions replaced, excluding installation costs. Tough Turtle Turf also warrants that at the time of the initial turf installation, the synthetic turf will be free of manufacturing defects. Slight color changes will occur over the lifetime of this turf and turf seems may be visible, and neither color changes nor visible turf seems shall be considered a warranty issue or basis for a claim. All labor costs involved with the removal of the affected turf and reinstallation of the replacement will be the responsibility of the Owner. Any replacements, patches, or repairs may result in a color difference as each iteration of the turf will have varying dye-lots available. Tough Turtle Turf will do it’s best to color-match, however there may be a difference in color, which may even out over time, but is not guaranteed.

This Warranty expressly excludes the following:

1. Damage from accidents, force majeure, abuse, and neglect from other than normal and ordinary use of this product.
2. Damage resulting from failure to maintain the product in accordance with the maintenance instructions provided to the Owner.
3. Vandalism, fire, floods, explosion, earthquake, tornado, hurricane, war, riot, sabotage, or other acts of God.
4. Normal matting, wear and tear, and settling of the base or turf and all other issues related to the subbase that may occur from work completed by others prior to the job start. Examples of this are trenching, drain work, tree removal, improper underlay, pile crushing, etc.
5. Damage caused by other parties or contractors after the installation of the turf or putting green is complete.
6. Damage resulting from repair, or attempted repair, by anyone other than a Tough Turtle Turf installer.
7. Pet odor and/or damage purposefully or accidentally inflicted by pets, humans, or any other animals, including damage by machinery or equipment.
8. Damage caused by excessive heat, including the effect of the sun’s energy magnified by glass, any reflective surfaces (melting) or other flammable materials (i.e., fire pits, grills, heaters, etc.).
9. Drainage and all other issues related to drainage that may occur from work completed by others prior to the job start;
10. Damage resulting from leaving sprinklers uncapped (which is against the recommendation of Tough Turtle Turf).
11. Growth of mushrooms, fungus, weeds, including but not limited to: Bermuda, Nut Sage, Crab Grass, or any other type of growth that grows beneath, through or on top of the turf. (Please see final page of warranty for weed management.)
12. Damaged caused by Owner’s willful or negligent conduct.

Tough Turtle Turf shall have final authority over all Warranty decisions. Tough Turtle Turf does not warrant and specially disclaims responsibility for any areas of Owner’s property which are not specifically addressed by Tough Turtle Turf’s services. Further, Tough Turtle Turf does not warrant the effectiveness of any services if Tough Turtle Turf’s recommendations were not followed. All warranties shall be null and void if Owner prohibits Tough Turtle Turf from completing the services or any services are modified by any party other than Tough Turtle Turf without Tough Turtle Turf’s prior written approval.

THE FOREGOING CONSTITUTES OWNER’S SOLE REMEDY AND TOUGH TURTLE TURF’S SOLE LIABILITY UNDER THIS AGREEMENT. THERE ARE NO OTHER VERBAL OR WRITTEN WARRANTIES AND NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON2 THE FACE HEREOF, AND TOUGH TURTLE TURF MAKES NO OTHER WARRANTY, REPRESENTATION, COVENANT OR GUARANTEE WITH RESPECT TO ITS SERVICES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES OF PERFORMANCE.

Unless otherwise agreed upon in writing by the parties, Tough Turtle Turf shall procure all tangible materials necessary for Tough Turtle Turf’s performance of the services, and Tough Turtle Turf will pass-through to Owner all manufacturers’ warranties applicable to such materials. Owner acknowledges and agrees that all warranties for turf products are solely regulated by the manufacturer’s terms and conditions.

Response for Warranty Repairs

Owner must promptly notify Tough Turtle Turf of any alleged Warranty claims within five (5) days’ after Owner first notices such issue. Tough Turtle Turf agrees to perform all repairs required by this Warranty within a reasonable time after receiving prompt written notice from the Owner within 3-4 weeks from notice or within such other time frame as the Owner and Tough Turtle Turf mutually agree. If Tough Turtle Turf makes a repair at the Owner’s request which is not covered by the Warranty, then Tough Turtle Turf may charge the Owner standard repair charges.

Claims must be submitted online at https://toughturtleturf.com/resources/warranty/ or submitted in writing to:
Tough Turtle Turf
4625 Polaris Ave, Suite 210
Las Vegas, NV 89103

Assignment

Owner may not transfer, convey, or otherwise assign all or any of its rights under this warranty without prior written consent of Tough Turtle Turf. Any such transfer or assignment without prior written consent shall be null and void and of no force or effect.

Limitations of Liability

To the fullest extent permitted by law, Tough Turtle Turf shall not be liable to Owner or any other party for indirect, special, incidental or consequential damages, property damage and/or personal injury arising under this Agreement or otherwise with respect to the provision of services, including any lost revenues or profits, regardless of the theory by which any claim may be based, including any tort or statutory causes of action. To the maximum extent permitted under applicable law, and
notwithstanding the term of any limited or implied warranty, or in the event that any limited warranty provided to Owners fails of its essential purpose, in no event will Tough Turtle Turf’s entire liability to Owner or any other party exceed the amount Owner actually paid for the services subject to this Agreement.

Indemnification

Owner will indemnify, defend and hold harmless Tough Turtle Turf, its affiliates, and its and their respective representatives, successors and assigns (collectively, the “Tough Turtle Turf Indemnitees”) against any and all Losses incurred in connection with any and all liabilities, expenses, damages or costs, including, without limitation, reasonable attorney’s fees and legal costs incurred in connection with any third party claim, complaint, suit, proceeding or cause of action to the extent arising out of or related to (a) Owner’s breach of this Agreement; (b) Owner’s negligence, misconduct, or violation of applicable Law; (c) death or bodily injury caused by any breach or violation of any obligation or duty of Owner under this Agreement; (d) any liabilities that arise from or are related to any materials once installed and/or any hazardous materials, each to the extent present at Owner’s location where the services are to be provided; and (e) any liabilities that arise from or are related to any liens, encumbrances, charges or claims pertaining to the facility or location where the services are to be provided.

Force Majeure

Tough Turtle Turf shall not be liable to Owner by reason of any failure or delay in performance of this Agreement if such failure or delay arises out of causes beyond Tough Turtle Turf’s reasonable control, including, without limitation, acts of God or of the public enemy, acts of civil or military authority, fires, floods, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes, widespread unavailability of energy resources, riots or war, or any unusually severe weather conditions or similar causes.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral. Any modification to this Agreement or any Estimate must be signed by both parties. If any provision of this Agreement is held illegal or unenforceable, such provision shall be severed and shall be inoperative, and, the remainder of this Agreement shall remain operative and binding on the parties. This Agreement shall be construed as if drafted jointly by the parties and no presumption shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Disputes

This Agreement and any claims and disputes between the parties shall be governed by and subject to the laws of the State of Nevada, excluding its conflicts of laws provisions. Any controversy, claim, cause of action or other dispute among the parties (except for payment obligations) shall be resolved by binding arbitration before a sole, neutral arbitrator who is familiar with the home inspection industry in Las Vegas, Nevada. The arbitrator shall not be empowered to grant punitive or exemplary damages
or any damages in excess of those damages permitted or limited under the express terms of this Agreement. To the maximum extent permitted under applicable law, each party waives the right to arbitrate or bring any claims or disputes on a class action basis, and further waives the right to trial by jury. The substantially prevailing party in any claim or dispute hereunder shall be entitled to recover their attorneys’ fees and costs. Any legal action arising from this Agreement or from the services, including,
but not limited to, any arbitration proceeding, must be commenced within one (1) year from the date of services. Failure to bring such an action within this time period shall be a complete bar to any such action and a complete waiver of any rights or claims based thereon.

Miscellaneous

Neither party shall not make any disparaging remarks of any sort or otherwise communicate any disparaging comments about the other party. Tough Turtle Turf is an independent contractor of Owner, and Owner hereby acknowledges that Tough Turtle Turf may engage subcontractors to assist with its performance hereunder. Nothing herein shall be construed as creating a joint venture, partnership or similar relationship. No waiver by either party of any breach or default hereunder by the other shall operate as a waiver of any other breach or default or of a similar breach or default on a future occasion. No waiver of any term or condition hereof by either party shall be effective unless the same shall be in writing and signed by both parties. In the event that any provision of this Agreement is declared invalid, unenforceable or void, to any extent, by a court of competent jurisdiction, the remainder of this Agreement and the application thereof shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. This agreement may be executed in writing or electronic means and in any number of counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument.