Warranty conditions

1. Grasmonkey Guarantee

Grasmonkey offers a 3 or 10 year warranty on its products. (1 year on brush machines)

During the warranty period, Grasmokey guarantees that the surface

(a) Will not noticeably discolour

(b) Will not exhibit any noticeable or unusual defects/wear due to UV rays and climatic conditions. A product whose original tensile strength does not diminish with 50% is considered to have retained its UV stability and tensile strength.

(c) Grasmonkey only provides a warranty on the artificial grass and its installation. The installation of the substrate, the substrate itself and the edging are not covered by the Grasmonkey warranty conditions.

(d) Grasmonkey cannot be held liable for subsidence, bumps or abrasions in the subsoil of any nature whatsoever.

(e) Damage caused by animals, whether ants or other insects, rats or other mice or moles, can never be recovered from Grasmonkey.

2. Warranty period

The warranty provided herein is the sole and exclusive warranty with respect to Grasmonkey products and is in lieu of all other oral or written warranties with respect to Grasmonkey products.

3. Conditions

(a) The validity of the warranty commences on the date of delivery of the artificial grass as stated on the warranty certificate or sales receipt.

(b) In any event, Grasmonkey's obligations shall be limited to the value of the product as invoiced by Grasmonkey to the Buyer.

(c) This warranty only applies when the product is used in the context of normal garden landscaping.

(d) Before a warranty claim is accepted by Grasmonkey, the customer/installer must report all defects that were found before, during or after installation by telephone or by e-mail and then confirm them by registered mail, accompanied by the purchase invoice. In the event of defects found during installation, the installation must be interrupted until further instructions are received from Grasmonkey. Grasmonkey undertakes to take a position within 2 working days regarding the possibility of continuing the installation.

(e) Before any claim is accepted by Grasmonkey, the customer/purchaser must allow Grasmonkey or its representative access to inspect, lift and test the surface.

(f) The Buyer shall lose the right to claim under this warranty, to invoke a non-conformity and/or to claim any damages if he does not notify Grasmonkey within 10 working days after the day on which he became aware of the defect.

(g) Exposure to UV rays shall not exceed 110 kilo-Langley (KLy) per year.

(h) All tests and conditions are subject to applicable European standards.

4. Limitation of Liability

(a) The compensation provided by Grasmonkey consists solely of the replacement of the defective artificial grass. Grasmonkey shall not be liable for the removal of the defective grass mat, nor for the installation of the new grass mat, and shall also not be liable for the costs of removal or installation.

(b) In no event shall Grasmonkey be liable in contract or tort (including but not limited to negligence) for loss of profits or revenue, loss of enjoyment or similar economic loss, nor for indirect, special, incidental, consequential, punitive or similar other damages arising out of or in connection with the use, condition, possession, performance, maintenance, failure or delay in delivery of the Product.

5. Exceptions

(a) This warranty only applies in the event of expert installation by Grasmonkey and proper use of the product.

(b) This warranty only applies if the product was serviced and delivered by Grasmonkey.

(c) This warranty does NOT apply:

1. If the use of the artificial grass is not in accordance with the type of artificial grass installed.
2. In case of damage resulting from an incorrectly installed substrate or from errors during the installation of the grass.
3. In case of mechanical damage, burn holes, nicks, accidents, carelessness, neglect, vandalism, fire, chemical reactions, damage by pets, damage by moles or other rats, floods or other natural disasters.
4. In the event of initiatives or measures taken by a distributor/gardener, even if recognised by Grasmonkey, if these initiatives or measures do not correspond to the technical sheets or recommendations of Grasmonkey and have not been approved in writing by Grasmonkey.

(d) This warranty does NOT apply if a defect or damage was caused by:

1. Poor drainage or subsoil defects
2. Wear caused by an unsuitable surface
3. Use of unsuitable cleaning methods
4. Use of chemical cleaning agents, pesticides or herbicides
5. Force majeure or other circumstances beyond Grasmonkey's control.
6. Lack of adequate maintenance, protection or repair of the product.

6. Notification

(a) Warranty claims must be submitted within 10 days of discovery of the alleged defect, together with proof of the date of installation, the name of the installer, the location of installation, a sample of the product, a sample of the filler material(s), and at least three clear photographs clearly illustrating the problem, to On My Own BV/Grasmonkey, Genkersteenweg 313B, 3500 Hasselt, Belgium.

(b) Grasmonkey shall not be liable to pay any costs or expenses incurred by the Buyer or any third party in connection with any testing, inspection or deliberation by the Buyer or any third party.

7. Transfer

(a) The purchaser may not assign all or part of its rights under this warranty without the prior written consent of Grasmonkey.

This warranty is binding on Grasmonkey and the Buyer and their respective successors and assigns and is for the benefit of them. Claims under this warranty can only be made by the Buyer or by third parties.