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a • Itrrnav SONAR YARNS Guarantee and Conditions All synthetic turf containing the Products is subject to normal wear and tear. Normal wear and tear is not manufacturing defect and is not covered by this warranty. In addition to the factors mentioned above,wear and tear depends on, without limitation, the construction of the synthetic turf(fibre face weight, stitch rate, fibre pile height and gauge) and the intensity of use of the synthetic turf. The Supplier shall not be responsible for any warranty issued or made by the Purchaser with respect to the useful life of the synthetic turf containing the Products. I3. Limitations on Liability In no event shall the Supplier be liable, whether in contact or in tort (including negligence) or under any other legal theory (including strict liability) 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 the use, condition, possession, performance, maintenance, non-delivery or late delivery of the Products even if the Supplier has been advised of the possibility of such damages. t4. No Other Warranties The warranty provided herein is the sole and exclusive warranty with respect to the Supplier's Products and supersedes any and all other warranties, oral or written, of any type relating to the Suppliers Products. Any Products of the Supplier not covered by this warranty are sold as is'. The remedy of replacement set forth in section 2 is the sole obligation of the Supplier and the sole remedy of the Purchaser, under the warranty provided herein. Except as provided herein, the Supplier makes no representations or warranties of any kind, nature or description with respect to any of its Products, expressed or implied, including, without limitation, any warranty of merchantability, fitness of any products for any particular purpose or non-infringement of third party rights, and the Supplier hereby disclaims the same. 5. Notification of Claims Claims under this warranty must be submitted in writing, together with proof of turf production and installation date, name of installation company, batch and dye lot number, location of installation, product sample/fibre material, sample of infill material(s),and a minimum of three clear pictures showing the problem to: Bonar Technical Yams Inc. 1301 Sand Hill Road PO Box 1057 ® Asheville, North Carolina 28728 United States of America The Supplier shall not be responsible for any costs or expenses incurred by the Purchaser or others with respect to any tests, inspections or consultations conducted by the Purchaser or others. Claims must be submitted within 30 days after discovery of the alleged defect. The Purchaser must promptly inspect all Products upon delivery. Notwithstanding anything herein to the contrary, to the extent that any defects; shortages or non-conformities in the Products are discoverable by inspection upon delivery of the Products, all obligations of the Supplier to the Purchaser with respect to such defects, shortages and non-conformities shall be deemed to be satisfied, and all Products shall be deemed to be free of such defects, shortages and non- conformities, unless the Purchaser notifies the Supplier of such defects, shortages and non-conformities in writing within 30 days after the date of delivery. A Low 8 Bonar Company Jan 2012,version 3/A Page 2 of 4 ProGrass RFP No. 12-10-03 15 •