GROWLINK LIMITED WARRANTY
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Hydropods Inc. dba Growlink (“Growlink” or “we”) warrants to the end user customer (“Customer” or “you”) of any product manufactured by or for Growlink that can be identified by the Growlink trademark, trade name, or logo affixed to them (“Product”) that the Product hardware components (“Product Hardware”), when used in accordance with the documentation furnished by Growlink (“Documentation”), will be free in all material respects of defects in materials and workmanship (“Limited Warranty”), for a period of one (1) year after the date of purchase by Customer of the applicable product from Growlink or Growlink’s authorized reseller (the “Warranty Period”). If the Product Hardware (or any component or portion thereof) fails to conform to the Limited Warranty, Growlink will (at Growlink’s sole discretion) either (a) use commercially reasonable efforts to repair or replace any defective Product Hardware; or (b) accept the return of the Product incorporating the defective Product Hardware and refund to Customer the fees actually paid by Customer to Growlink or Growlink’s authorized reseller for such Product; and the foregoing shall be Customer’s sole and exclusive remedy for breach of this warranty. Replacement Products and hardware may be refurbished and/or different models, at Growlink’s sole discretion, but will be functionally equivalent to the Products or hardware being replaced. Any product that has either been repaired or replaced under this Limited Warranty will have warranty coverage for the longer of ninety (90) days or the remaining Warranty Period. This Limited Warranty is transferable from Customer to subsequent Product owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
WARRANTY CONDITIONS; HOW TO GET SERVICE
Growlink’s warranty obligations are conditioned on Customer (a) promptly notifying Growlink by calling toll free (800) 432-0160 during the Warranty Period of any failure of the Products to meet the Limited Warranty, and providing a detailed description of such alleged failure, (b) otherwise complying with Growlink’s then current return merchandise authorization (RMA) guidelines (if any), and (c) shipping the affected Products, at Customer’s cost, to Growlink for repair or replacement. Growlink will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after analysis of that returned Product, that the Product is an Ineligible Product (defined below). Growlink will bear all costs of return shipping to Customer, except with respect to any Ineligible Product, for which Customer will bear all shipping costs.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
Growlink will have no warranty obligation with respect to non-Growlink products or software (even if packaged or sold with a Product) or the following (collectively, the “Ineligible Products”): (i) Product Hardware that has no defects in the materials or workmanship, (ii) Products with defects that are not reproducible by Growlink, (iii) Products marked as “sample” or sold “AS IS,” (iv) Products that have been subject to: (a) any modifications, alterations, repair, or servicing by any party other than Growlink or Growlink’s authorized service providers; (b) handling, storage, installation, testing, or use not in accordance with the application Documentation; (c) abuse, misuse, negligence, neglect, accidents, fraud or intentional misconduct; (d) any breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) any Acts of God, including fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act or war or other disaster, or (v) consumable parts, such as batteries, unless damage is due to defects in materials or workmanship.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) GROWLINK BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF GROWLINK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) GROWLINK’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY THE CUSTOMER TO GROWLINK OR GROWLINK’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. GROWLINK DISCLAIMS ALL LIABILITY OF ANY KIND OF GROWLINK’S SUPPLIERS. THE GROWLINK ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“PROUCT INFORMATION”) REGARDING SENSOR READINGS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCT (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. THE SERVICES MAY BE USED TO CONTROL YOUR PRODUCT PERIPHERALS VIA THE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS,” AND “AS AVAILABLE.” WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND GROWLINK DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, PLANTS, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION.
STATE OR NON-U.S. LAW
Some states and/or non-US jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state or from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.