5 Year Limited Warranty

Subject to the following terms and conditions, Imagination Playground hereby warrants to the Original Purchaser that the PlayFALL Safety Surface Tiles will be free from manufacturing defects for a period of 5 years.

Warranty Coverage

· Imagination Playground warrants that the PlayFALL Safety Surfacing Tiles have been tested and comply with ASTM F1292-04 Fall Height Performance Specifications.

· Imagination Playground warrants that the PlayFALL Safety Surfacing Tiles will maintain their fall height performance for a period of five years from date of purchase.

· Top layer finish surface will not wear greater than 1/4" per year when used under normal conditions.

Warranty Duration

· This Warranty will commence at the date the product has been delivered to the job site.

· The Warranty will continue for 5 years from the date of delivery to the job site, as documented by an invoice or bill of lading with the Original Purchaser

Warranty Remedies

· Imagination Playground warrants each tile to be free from defects in material or workmanship and agrees to replace tiles (product only) which disclose such defects when used under normal conditions.

· Imagination Playground will not accept responsibility under the warranty for anything more than replacement of the product.  In the event of a Warranty Claim, contact your dealer.

· This remedy is the sole and exclusive remedy available to the Original Purchaser for breach of express or implied representations or warranties with respect to the product.

Warranty Exclusions

· This warranty is in lieu of all other representations, warranties, guarantees, obligations or liability, expressed or implied, including any warranty of merchantability or fitness for a particular purpose other than playground covering.

· The product will not be covered under warranty if/when:

· A natural disaster occurs, including, but not limited to, flooding, earthquakes, tornadoes, hurricanes, etc.

· An act of negligence, abuse, accident, misuse, including but not limited to, vandalism, civil disobedience, act of crime, act of war and the like occurs.

· Acids, caustic materials or petroleum chemicals and the like, direct or airborne, are or have been in contact with the product.

· Improper installation or maintenance of the product, including, but not limited to, the product being found to have been installed on top of foreign material such as loose sand, bark, dust, etc.

· Repairs, alterations or modifications are made to the surfaces without prior consultation, consent or authorization from Imagination Playground

· The Original Purchaser fails to comply with all terms and conditions stated herein.

· The Original Purchaser denies Imagination Playground and/or its representative access to the installed product and/or fails to cooperate in providing permission for this access.

· Payment for the product has not been made in full.

· In no event will Imagination Playground be liable to the Original Purchaser or any third party for any damages, including any lost profits, lost savings or other consequential or incidental damages arising out of the use or inability to use the product even if Imagination Playground and/or its representatives have been advised of the possibility of these damages. The liability of Imagination Playground for damages resulting from the use or misuse of the product shall in no event exceed the replacement cost of the product.

In the event of a Warranty Claim, Proof of Purchase from Imagination Playground or a qualified dealer is necessary for the Warranty to be valid. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages so the above limitation or exclusion may not apply.