Part I. Order acceptance:
Payment for all orders:
Products are returnable with a 30% restocking fee if the following applies:
a. They are standard products, unused, undamaged, and unopened.
b. Items are returned within 10 days of receipt of the products by the buyer
c. Delivered back to the company at the buyer’s expense, fully prepaid by the buyer with advance return authorization only. (RMA) and, an RMA (return materials authorization number has first been provided by the company.
Turf product returns and refunds policy: turf is not refundable if:
a. Shipped (or in-route) to the job address of the company or its affiliates
b. If the order represents a custom order
c. A full roll is a delivered roll.
d. Product has been cut for delivery by the warehouse.
e. Freight costs and delivery charges are not refundable. Warranty, product inclusions, exclusions, and limitations: acts of god and nature, weeds, reflective sunlight damage, odors resulting from pet activity, others such as storms and or water erosion due to storms, lightning strikes, etc. ** synthetic grass product: ultra and destiny series is 20 years.
Certain terms: any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder unless the context requires otherwise. Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular and the singular the plural, and vice versa.
The company is a materials producer and distributor, and unless contracted through the company for installation services, the company and buyer agree the company is not responsible for installation in part or in whole. When the buyer purchases materials only, the company is not liable or responsible for the work of installers selected or contracted by the buyer. Governing law and venue: irrevocably agreed, this agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws principles. The parties hereby irrevocably, stipulate and consent to the jurisdiction of the state and federal courts located in Calaveras county, state of California, in any action arising out of or relating to this agreement and waive any other venue to which either party may be entitled by domicile or otherwise.
If any provision of this agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid and in such event, such provision shall be changed and interpreted to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.