That the Cushioned Play Multi Purpose Play System (System will not lose it bond from approved substrates, peel, flake or chip, and will withstand reasonable negative or positive deck movement.  The System includes the following Cushioned Play material for the building described above: (a) Primer (b) Recycled Tire Base (c) Man Made EPDM Rubber base baring Surface.

 

 

The foregoing Warranty shall continue for a period of five (5) years commencing from the date of final inspection of the System as shown above provided that the Owner gives Fun Builders Inc written notice of any defects in the System within thirty (30) days from the discovery of such defect (“Warranty Period”).

 

 

The foregoing Warranty does not cover defect of damage caused by (1) normal wear and tear (2) slight color variation from samples or placed brochures, (3) color fading damage due to stain, burns, cuts, gouges and indentations caused by usual use, (4) problems caused by moisture, alkali, chlorine, ultraviolet degradation, hydrostatic pressure, (5) cracking, shifting or lifting of the substrate over which the surfacing product has been installed, unless substrate was installed by Fun Builders Inc. or authorized installer for Fun Builders Inc. (6) structural or design defects; (7) misuse, vandalism, civil disobedience, act of war, (8) any condition caused by any negligence or accidents in maintaining the Systems; (9) acts of Nature, including lightning, hurricanes, tornadoes, earthquakes, fumes, flood, chemical fumes or foreign substance in the atmosphere or by other unusual natural occurrences; (10) damage to the surface during the curing period. The obligation contained herein do not cover any material used on the System which was not supplied or approved by Fun Builders Inc specifically identified above.

 

 

Any claim of defect in material in the System must be made in writing to Fun Builders Inc as set forth above within the Warranty Period.  This Warranty will not cover damage resulting from the application, repair or subsequent work on the building to which the System has been applied without written approval from Fun Builders Inc on the methods and material to be used and the party who will apply those materials.  During the term of the Warranty, Fun Builders Inc, it agents, employees, and assigns shall have free access to inspect the System during business hours.  Installation, repairs, and rework are not covered under the terms of this warranty.  Fun Builders Inc only liability hereunder will be limited only to replacement of the materials furnished by Fun Builders Inc and found in Fun Builders Inc reasonable judgment to be defective. If after a reasonable number of repeated efforts, Fun Builders Inc is unable to repair or replace a defective or nonconforming product, the Company shall have the option to accept return of the product, or part thereof, if such does not substantially impair it value, and return the purchase price as the Owner’s entire and exclusive remedy.

 

 

Upon completion of the installation of the System, Fun Builders Inc or their representative shall inspect the installation to ascertain if the System is installed accordance with the proper specification and detail provided by Fun Builders Inc. This Warranty shall become effective only upon approval of the installation and when all bills for the components of the Systems and for the application of the System have been paid.

 

 

The Warranty shall become null and void if, in the sole judgment of Fun Builders Inc, any of the following events shall occur, (1) if, after installed of the System, there are any alteration or repair made to the project that affect any component of the System in any way; (2) failure by the Owner or any of the Owners tenants to use reasonable care in maintaining the System, or (3) Owner fails to comply with every term or condition stated herein.

 

 

Fun Builders Inc failure at any time to enforce any of the terms or conditions stated herein shall not be constructed to be a waiver of such provision.

 

 

This Warranty shall apply only to the original project Owner as set forth above, and any assignment of any right hereunder by the Building Owner without the express written consent of Fun Builders Inc shall be null and void. In the event that a majority of the authorized or issued capital stock of the project Owner shall have been sold or otherwise transferred or disposed of, the new holder of the stock shall not be deemed to the original project Owner.

 

 

This Warranty shall not cover or apply to:

 

 

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED FUN BUILDERS INC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGE TO ANY PARTY WHATSOEVER, INSINUATING IN BUT NOT LIMITED TO LOSS OF PROFIT OR DAMAGE TO THE BUILDING OR IT’S CONTENTS. Fun Builders Inc shall have no further obligation or liability of any kind and it is further agreed and understood that the price stated for the System is consideration for the limitation of Fun Builders Inc liability hereunder.  The sales personnel of Fun Builders Inc are not authorized to make warranties about the merchandise described in this contract Fun Builders Inc employee’s ORAL STATEMENT DO NOT CONSTITUTE WARRANTIES SHALL NOT BE RELIED UPON BY THE BUILDING OWNER OR ANY THIRD PARTY, AND ANY NOT PART OF THE CONTRACT SALE. If the foregoing disclaimer of additional warranties is not given full force and effect, any resulting warranty shall be limited in duration to the express warranties is not given full force and effect to, and limited by, the terms of Fun Builders Inc product warranty.