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Warranty

1. Definitions

1.1. “Authorized Team”: means (i) the installation team directly employed by Seller or its affiliates, trained in the installation of Corkeen Products, or (ii) third party installers and installation companies, trained in the installation of Corkeen Products, who are called in or commissioned by Seller as subcontractors.

1.2. “CFH Information”: all relevant information regarding Corkeen Products and/or CORKEEN SYSTEM tests – which were based on the Critical Fall Height Standard – and performance indicators and compliance.

1.3. “Corkeen Installation and Maintenance Instructions”: shall mean the guidelines for installing and maintaining the Corkeen Products and CORKEEN SYSTEM.

1.4. “Corkeen Products”: Materials containing important components commercialized by Seller mainly (but not necessarily) having cork, including Cork Granules and Pre-Coated Cork Granules, as the differentiating element in it [as set out but not limited to the Specifications] and all associated labelling and packaging.

1.5. “CORKEEN SYSTEM”: means the installation of the Corkeen Products, which because of their energy restitution and shock absorption properties, are to be used in the production and installation of playgrounds, pathways and landscaping.

1.6. “Critical Fall Height Standard”: means the EN 1177 (Impact Absorbing Playground Surfacing: Performance Requirements and Test Methods) or ASTM F1292 (Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment).

1.7. “Specifications”: means the specifications of the Corkeen Products.

2. Warranty terms

2.1. Seller hereby warrants that all Corkeen Products sold and delivered by Seller shall be free from defect or deficiency in material or manufacture and shall meet the Specifications.

2.2. In case there is any evident defect in the Corkeen Products discovered prior to installation, Seller will replace all such defective Products, free of charge, if such defective Products are unpacked but not yet installed, provided that Seller has been given written notice within thirty (30) days after delivering such Products.

2.3. In case of non-evident defects of the Corkeen Products which could not be detected before installation, Seller shall replace the defective installed Products free of charge (excluding removal and re-installation costs), provided that Seller has been given written notice within FIVE YEARS of finalization of the surface installation, except if otherwise stipulated by law.

2.4. The CORKEEN SYSTEM benefits from a FIVE-YEAR warranty regarding its performance in accordance with CFH Information. 

2.5. The replacement of any defective Products shall be always subject to Seller’s approval and the customer shall make available to the Seller the relevant data regarding the defective Products and installation, copies of the delivery notes and invoices. In the event that any doubt arises in relation to a defect, samples of the defective Products shall be sent to the manufacturing facility pursuant to Seller’s directions, where they will be analyzed.

2.6. Defective Products may not be returned or removed before the final settlement of the claim, without Seller’s prior authorization.

2.7. Any installation of Corkeen Products must be executed by an Authorized Team, otherwise Seller will not be responsible for any defects detected after installation, regardless if such defects are consequence of a faulty installation or not. 

2.8. Before and at the time of finalization of the surface installation of the Corkeen Products, the Authorized Team must fill the installation sheet, in order to verify and register all pre-installation conditions, any incident (e.g. Detectable Defects, as specified below) detected during installation, if such incident was fixed or not (and how or why), and ultimately the overall state of the CORKEEN SYSTEM at the time of finalization of installation. In case the Authorized Team does not comply with this obligation, Seller will not be responsible to repair or to replace any Corkeen Products that present any defect that could be qualified as Detectable Defect. 

2.9. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY OTHER DEFECT IN THE PRODUCTS THAN THE ONES STATED IN THIS WARRANTY OR ANY OTHER CLAIMS, NAMELY any loss, damage or injury, consequential or incidental, caused by or in any way connected with (i) the problems resulting from any transportation, incorrect storage, handling, delivering or installation in any manner that is at variance with Seller's recommended procedures, (ii) any faulty, negligent or improper use or maintenance at variance with the CORKEEN SYSTEM recommended procedures (including the Corkeen Products, installation method and maintenance recommendations, as per Corkeen Installation and Maintenance Instructions), (iii) “down time” expenses, or (iv) any other business costs or losses. Furthermore, if replacement is not possible, Seller limits its responsibility to the invoice value of the order regarding the defective CORKEEN SYSTEM or Corkeen Products.

2.10. ALL GUARANTEES, WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT SET FORTH HEREIN ARE HEREBY EXCLUDED.

3. Exclusions

 

This Warranty shall not apply in any of the following cases:

3.1. IMPROPER OR INADEQUATE INSTALLATION. Installation not made in children playgrounds, not made according to procedures and without using the approved Corkeen Products or improper or not recommended refurbishment (in each case as set forth in the Corkeen Installation and Maintenance Instructions).

3.2. IMPROPER OR INADEQUATE SUB BASE. Please consult Corkeen Installation and Maintenance Instructions.

3.3. INADEQUATE PRODUCT CHOICE FOR USE OR SITE CONDITIONS (high traffic or normal traffic and load conditions). Please consult Corkeen Installation and Maintenance Instructions.

3.4. IMPROPER OR INADEQUATE MAINTENANCE OR USE OF UNAPPROVED AUXILIARY PRODUCTS. Please consult Corkeen Installation and Maintenance Instructions.

3.5. UNAPPROVED MODIFICATION OR REPAIR. Products modified or repaired with products or methods of installation or repair not specifically recommended in the Corkeen Installation and Maintenance Instructions or not specifically authorized by the manufacturer.

3.6. EXTREME ENVIRONMENTAL CONDITIONS, meaning cyclones, typhoons, thunderstorms, floods, tsunamis, prolonged droughts, as well as extreme temperatures (i.e., superior to 55ºC/131ºF), UV exposure superior to 200Kly per year and other Acts of God.

3.7. TRIVIAL OR INSUBSTANTIAL VISUAL DEFECTS, i.e., visual defects not perceptible at 1,5 meters stand-up or only perceptible in counter light, are not covered by this Warranty.

3.8. ACCIDENTS, ABUSE, MISUSE, FIRES, VANDALISM, FORCE MAJEURE, damage from heavy equipment used without sufficient protection, impact damage, hydrostatic pressure, scars from sharp or pointed objects, cuts, tears, scuffs, scratches, misuse, negligence, burns (cigars, candles, etc.), water, erosion, spiked heel shoes, pet claws or other abrasives.

3.9. DETECTABLE DEFECTS verifiable previously or during the product installation (e.g. unevenness of the Corkeen Products, unevenness of the terrain, installation in a spring or groundwater flow, accumulation of waste, soil impermeability).

3.10. DIFFERENCE IN SHADE OR COLOR. Corkeen Products are based on natural materials. We do not warrant any difference in shade or color between samples/photographs and the actual flooring, 1) from batch to batch, 2) due to exposure to sunlight, 3) resulting from replacement of a portion of your floor, 4) resulting from the different age and history of the same product reference/batch.