Rubber Mulch: Everlast Rubber Mulch - America's Premier Rubber Mulch Manufacturer

PRODUCT WARRANTY

1. Product Warranty. Rubber Resources, Ltd., LLLP (“Seller”) warrants to the purchaser (the “Buyer”) of its colored mulch (the “Product”) that its Product (1) will not totally lose its original color during the period ending 5 years (the “Warranty Period”) from the date of purchase (the “Purchase Date”) of the Product and (2) will fade on a reasonably uniform basis during the Warranty Period (collectively, the “Warranty”). If the Product fails to meet the Warranty, the Seller agrees that, upon the Buyer complying with the Conditions of Warranty set forth below, the Seller will provide replacement Product on a prorated basis as follows: if Product fails to meet the Warranty (the “Failed Product”) during the first year after the Purchase Date, the Seller will replace 100% of the Failed Product; if the Product fails to meet the Warranty during the second year after the Purchase Date, the Seller will replace 80% of the Failed Product; if the Product fails to meet the Warranty during the third year after the Purchase Date, the Seller will replace 60% of the Failed Product; if the Product fails to meet the Warranty during the fourth year after the Purchase Date, the Seller will replace 40% of the Failed Product; and if the Product fails to meet the Warranty during the fifth year after the Purchase Date, the Seller will replace 20% of the Failed Product. THIS REMEDY SHALL BE THE SOLE REMEDY FOR THE PRODUCT FAILING TO MEET THE WARRANTY AND NO PORTION OF THE BUYER’S PURCHASE PRICE FOR THE PRODUCT WILL BE REFUNDED TO THE BUYER.

2. Conditions of Product Warranty. Notwithstanding the foregoing, the Seller shall have no obligation to supply replacement Product unless the Buyer (1) provides reasonable evidence to the Seller that the Product has failed to meet the Warranty (2) provides to the Seller proof of purchase, including, but not limited to, a sales receipt (3) has used the Product in general landscape use only, (4) pays all shipping and handling costs for the replacement Product, (5) has provided the Seller, or an agent designated by the Seller, the opportunity to inspect the alleged Failed Product during normal business hours at the location of the Buyer, and (6) notifies the Seller in writing during the Warranty Period that the Product has failed to meet the Warranty (collectively, the “Conditions of Warranty”).