Grow Op, LLC, hereafter called “GrowOp” or “Company,” whose office is located at 702-2 Gary Lane, Stateline, Nevada 89449, extends the following six (6) month limited warranty to Purchaser (“you”). The rights under this Limited Manufacturer’s Warranty are in addition to any rights and remedies that Purchaser has under applicable state and consumer protection laws, to the extent that such laws cannot be waived.
The commencement date of the warranty begins on the date that the product was received by Purchaser and extends for a period of six (6) months.
What This Limited Manufacturer’s Warranty Covers
The Company expressly warrants to the Purchaser who is the original end-user of the HarvestPro, a GrowOp-branded product (the “Product”), that the Product shall be free of material defects in design, assembly, material, and/or workmanship subject to the exclusions herein.
If a covered defect occurs during the six (6) month warranty period, GrowOp agrees to repair, replace, or issue a refund, at its sole option and expense, any defective Product. Purchaser will not be entitled to any other remedies in the event of a defective Product. Purchaser acknowledges that GrowOp may provide a refurbished or reconditioned Product of the same model as the replacement. If the Product is replaced or a refund is issued, the original Product and its parts shall become the sole property of GrowOp.
Making a Claim Under This Limited Manufacturer’s Warranty
To submit a claim under this Limited Manufacturer’s Warranty the Purchaser must contact GrowOp Support at firstname.lastname@example.org. Please identify your order details and the alleged defect in your correspondence. A GrowOp representative will respond to your request and provide you with further information about the claims process and instructions on how to proceed.
GrowOp will provide Purchaser with an RMA number. Purchaser must include the RMA number assigned to him when returning the item to GrowOp. If the Product is returned without an RMA number it will not be processed and may be returned or destroyed by GrowOp and GrowOp’s warranty obligation shall terminate. Purchaser should return only the part(s) requested by GrowOp. Purchaser shall clean the item prior to shipping. If Purchaser fails to clean the Product, GrowOp in its sole discretion may charge Purchaser a cleaning fee of $100 or elect to dispose of the item.
In the event that a Purchaser believes that a Product is eligible for repair, refund, or replacement pursuant to this warranty, upon being contracted by such Purchaser GrowOp will provide Purchaser with a pre-paid shipping label. Purchaser must send, at Purchaser’s risk of loss, the Product to the address included on the return label and/or provided by GrowOp. If sent to a different address, GrowOp makes no guarantee that the Product will be processed under this Limited Manufacturer’s Warranty and this warranty will be deemed waived by the Purchaser.
Upon receiving the Product return, GrowOp will inspect the Product and/or its component parts for defects. GrowOp customer support will contact you following the inspection and notify you whether the Product is eligible for repair, refund, or replacement under this Limited Manufacturer’s Warranty. If GrowOp determines that the Product and/or its component parts are defective, it will replace, repair, or issue Purchaser a refund pursuant to the terms of this Limited Manufacturer’s Warranty.
This Limited Manufacturer’s Warranty shall not apply to:
a. GrowOp Products that the Purchaser purchases from anyone other than GrowOp or an authorized retailer.
b. GrowOp Products that are resold by the Purchaser or otherwise not owned by the original Purchaser.
c. GrowOp Products that are used with aftermarket products and accessories that have not been approved by GrowOp.
d. GrowOp Products whose lack of performance is due to Purchaser’s failure to maintain the product in working order. Note that the Product requires regular cleaning and maintenance.
e. Damage that is cosmetic in nature such as scratches and dents or damage that is attributable to normal wear and tear.
f. GrowOp Products whose serial number has been removed, defaced, or deliberately changed from that of the original.
g. GrowOp Products that in GrowOp’s sole determination has been used improperly, tampered, or altered from its intended end use. Purchaser assumes liability for damage arising from said misuse.
h. Any claim under this Limited Manufacturer’s Warranty that is made fraudulently or by misrepresentation.
i. GrowOp Products that are damaged as a result of or whose lack of performance is due to Purchaser’s breach of any agreement with GrowOp.
j. GrowOp Products that are damaged as a result of or whose lack of performance is due to forces beyond our control, including but not limited to acts of god, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerilla action, terrorism, economic sanction or embargo, civil strike, work stoppage, slow-down, lock outs, explosion, fire, earthquake, abnormal weather conditions or actions of elements, and unavailability of suppliers.
TO THE GREATEST EXTENT PERMITTED BY LAW, GROWOP, ITS RESELLERS, SUPPLIERS, ASSOCIATES, AGENTS, AND AFFILIATES HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES DIFFERENT FROM THIS LIMITED WARRANTY, EXPRESS, STATUTORY, OR IMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROWOP, A DEALER, AGENT, OR AFFILIATE SHALL CREATE A WARRANTY DIFFERENT FROM THIS LIMITED MANUFACTURER’S WARRANTY. GROWOP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUITE ENJOYMENT, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PRODUCT AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” EXCLUSIVE OF ANY WARRANTY WHATSOEVER AND ARE AVAILABLE FOR USE AT YOUR OWN AND EXCLUSIVE RISK. UNLESS OTHERWISE PROVIDED HEREIN, GROWOP DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT OF THE WEBSITE OR ANY PRODUCT AND DOES NOT MAKE ANY COMMITMENTS REGARDING THE SPECIFIC FUNCTION OF ANY SOFTWARE OR SUCH SERVICES’ RELIABILITY, COMPLETENESS, THE SECURITY OF ANY SOFTWARE OR THE WEBSITE, OR ANY TELECOMMUNICATION SERVICE FROM WHICH YOU ACCESS OR USE THE SOFTWARE OR WEBSITE, AVAILABILITY, ACCURACY, RELIABILITY, NON-INTERFERRANCE, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, ERROR RATE, OR ABILITY TO MEET YOUR NEEDS. FURTHER, GROWOP AND ITS RESELLERS, SUPPLIERS, ASSOCIATES, AGENTS, AND AFFILIATES DO NOT WARRANT THAT ANY SOFTWARE, THE WEBSITE, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, DESTRUCTION, OR OTHER HARMFUL COMPONENTS. TO THE EXTENT THAT EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU DUE TO APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO THE SIX (6) MONTH DURATION OF THE RELEVANT EXPRESS LIMITED WARRANTY PERIOD.
Limitation of Remedies
EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED MANUFACTURER’S WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWOP, ITS AFFILIATES, ASSOCIATES, RESELLERS, AGENTS, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR WEBSITE, EVEN IF GROWOP OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE THEORY OF LIABILITY, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF GROWOP, ITS AFFILIATES, ASSOCIATES, RESELLERS, AGENTS, OR SUPPLIERS TO PURCHASER OR ANY OTHER PARTY FOR ALL DAMAGES EXCEED THE GREATER OF $100 AND THE PRICE THAT PURCHASER PAID FOR THE PRODUCT WHICH GAVE RISE TO THE LIABILITY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
NO CLAIM OR ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THE PRODUCT OR THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENTS WHICH GAVE RISE TO THE CLAIM OR ACTION BECAME KNOWN OR SHOULD HAVE BECOME KNOWN TO YOU.
“SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES” INCLUDE ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (II) WERE KNOWN TO PURCHASER BUT NOT TO GROWOP AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY PURCHASER.
THE WARRANTIES AND REMEDIES SET OUT IN THIS LIMITED WARRANTY ARE EXCLUSIVE, AND, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHERS ORAL, WRITTEN, EXPRESS, OR IMPLIED. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES (INCLUDING LIMITATIONS WITH RESPECT TO DURATION OF IMPLIED WARRANTIES), LIABILITY FOR INJURIES, OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE WITHIN ONE OF THESE JURISDICTIONS, THE FOREGOING LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
The laws of the State of Nevada shall govern the construction of this Limited Manufacturer’s Warranty, without regard to conflict of laws principles. You agree to be subject to personal jurisdiction in the state of Nevada for the purposes of enforcing the provisions of the Limited Manufacturer’s Warranty. You also agree that any dispute arising out of or relating to the Limited Manufacturer’s Warranty must be litigated in the applicable state or federal court located in Douglas County, Nevada[SH1] , in the United States of America. YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING FROM OR RELATING TO THE LIMITED MANUFACTURER’S WARRANTY.
In the event any provision of this Limited Manufacturer’s Warranty is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not be in any way affected or impaired.
This Limited Manufacturer’s Warranty will not be interpreted for or against any party, but in accordance with its plain meaning.
Changes to Terms.
GrowOp may in its sole discretion make changes to this Manufacturer’s Limited Warranty at any time and from time to time for any reason. Any changes will be made by posting a new version on the Website. Modifications will be effective immediately upon such posting, regardless of notice. The warranty that applies to Purchaser’s Product is the one that was in place on the date of purchase. The warranty that applies to Purchaser’s use of the Website is the one in place on the Website on the date that the incident occurred which gave rise to the alleged claim under the warranty.
Last updated: April 19, 2021
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