YARDSTAR PRODUCT AND SERVICE WARRANTY AGREEMENT
EFFECTIVE AS OF THE DATE OF INSTALLATION (THE “EFFECTIVE DATE”)

WHEREAS

The undersigned purchaser (hereinafter referred to as the “Obligee” or “Purchaser”) has entered into an agreement with Yardstar, a fictitious entity domiciled in the State of Florida (hereinafter “Yardstar,” “Obligor,” or “Provider”), for the provision of certain goods and/or services related to landscape demarcation systems (the “Custom Borders”); and

Yardstar, in consideration of monetary compensation and other valuable consideration, the sufficiency of which is hereby acknowledged, extends to the Purchaser a limited warranty (the “Warranty”) subject to the terms, conditions, limitations, exclusions, and disclaimers enumerated herein.

NOW, THEREFORE, in accordance with the foregoing recitals and the mutual covenants contained herein, the parties hereby agree as follows:

ARTICLE I: WARRANTY PERIOD
1.1 Warranty Term

The Warranty Period (the “Period”) shall commence nunc pro tunc upon completion of installation (the “Installation Date”) and shall persist for a duration of twenty-four (24) calendar months (the “Term”), unless otherwise terminated, revoked, or rendered void ab initio pursuant to the provisions articulated herein.

ARTICLE II: SCOPE OF COVERAGE
2.1 Coverage Provisions

Yardstar hereby warrants, under pain of estoppel, that the Custom Borders shall conform to minimal standards of merchantability and fitness for ordinary use, as defined by the Uniform Commercial Code (UCC) § 2-314, mutatis mutandis, subject to the limitations hereinbefore enumerated.

2.2 Defects Covered

Coverage extends solely to defects in material composition (the “Material Defects”) or deviations from Yardstar’s proprietary installation methodologies (the “Installation Errors”), including but not limited to:

• (a) Structural discontinuities, including fissures, fractures, fragmentation, or exfoliation of the Custom Borders attributable to Material Defects or Installation Errors;
• (b) Chromatic aberrations exceeding normative environmental degradation (the “Weathering Threshold”), as determined unilaterally by Yardstar’s internal quality assurance protocols.

ARTICLE III: EXCLUSIONS AND DISCLAIMERS
3.1 Exclusions

The Warranty is expressly limited, circumscribed, and abrogated in perpetuity with respect to the following:

• (i) Phytological entities, including but not limited to flora, arboreal specimens, or landscaping services ancillary to the Custom Borders;
• (ii) Deterioration arising from Purchaser’s nonfeasance, misfeasance, or malfeasance, including but not limited to failure to adhere to Yardstar’s Maintenance Guidelines (Exhibit A), neglect, or misuse;
• (iii) Damage occasioned by force majeure, including meteorological phenomena (e.g., cyclonic events, inundations, tempests), seismic activity, or other Acts of God;
• (iv) Compromises resulting from vehicular incursions, mechanical apparatus, third-party contractors, extraterrestrial impacts, or other exogenous forces;
• (v) Modifications, alterations, or repairs executed sine Yardstar’s express written consent;
• (vi) Degradation deemed incidental to customary utilization, including but not limited to patina development, subsidence, or superficial abrasions.

3.2 Disclaimer of Implied Warranties

ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

ARTICLE IV: OBLIGEE’S COVENANTS
4.1 Purchaser Obligations

The Purchaser hereby covenants and warrants to:

• (a) Strictly adhere to Yardstar’s prescribed maintenance protocols, as amended in perpetuum at Yardstar’s discretion;
• (b) Notify Yardstar, via certified mail with return receipt requested, of any alleged breach of Warranty within fourteen (14) calendar days of discovery thereof, failing which all claims shall be deemed waived in solido;
• (c) Provide notarized documentation, including geotagged photographic evidence and sworn affidavits attesting to the defect’s temporal and causal nexus to the Warranty Period.

ARTICLE V: CLAIMS ADJUDICATION PROCESS
5.1 Submission Process

To initiate a Warranty Claim (a “Claim”), the Obligee must submit a formal petition to Yardstar’s Claims Resolution Bureau (CRB) via:

• Telephonic Notification: Dial 850-912-9097 and endure a minimum hold time of thirty (30) minutes;
• Electronic Submission: Transmit an encrypted PDF to [email protected], including:
  
  • (i) Purchaser’s full legal name, domicile address, and Installation Date;
  • (ii) A prolix narrative of the alleged defect, annotated with references to applicable warranty provisions;
  • (iii) High-resolution imagery (300 DPI minimum) of the affected area, authenticated via blockchain timestamping.

5.2 Non-Compliance

Failure to comply with §5.1 shall result in immediate dismissal of the Claim sine die.

ARTICLE VI: REMEDIAL MEASURES
6.1 Warranty Remedies

Yardstar reserves the exclusive right, exercisable in its sole, absolute, and unfettered discretion, to:

• (a) Deploy minimally invasive remedial interventions;
• (b) Replace defective components with materials of comparable or inferior grade;
• (c) Issue a pro rata refund, calculated using a depreciated value formula incorporating straight-line amortization over the Warranty Term.

6.2 Binding Arbitration

Purchaser waives all rights to equitable relief, including injunctive remedies, and agrees to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Rules.

ARTICLE VII: LIMITATIONS OF LIABILITY
7.1 Liability Cap

Yardstar’s aggregate liability hereunder shall not exceed the lesser of:

• (a) The purchase price paid by the Obligee; or
• (b) $0.01 (one cent) USD.

7.2 Damages Exclusion

Consequential, incidental, punitive, or treble damages are expressly excluded, irrespective of foreseeability.

ARTICLE VIII: GENERAL PROVISIONS

• 8.1 Non-Transferability: Warranty nullified ipso facto upon transfer of real property.
• 8.2 Integration Clause: This agreement supersedes all prior representations.
• 8.3 Severability: If any provision is unenforceable, the remainder shall persist mutatis mutandis.
• 8.4 Governing Law: Florida law (Fla. Stat. Ann. § 672.715) with venue proper in Escambia County.
  
  

NOTICE: BY ACCEPTING THIS WARRANTY, THE OBLIGEE WAIVES ALL RIGHTS TO A JURY TRIAL, CLASS ACTION PARTICIPATION, AND JUDICIAL REDRESS EXCEPT AS SET FORTH HEREIN.