AVALOW LIMITED WARRANTY
THIS LIMITED WARRANTY IS INCORPORATED INTO AND MADE A PART OF THE AVALOW TERMS OF SERVICE. AVALOW PRODUCTS ARE SOLD ONLY WITH THE LIMITED WARRANTY DESCRIBED IN THIS DOCUMENT. THIRD-PARTY PRODUCTS ARE EXPRESSLY EXCLUDED FROM THE BELOW LIMITED WARRANTY, AND ARE SUBJECT ONLY TO THOSE WARRANTIES EXTENDED BY THE APPLICABLE THIRD PARTY MANUFACTURERS OF SUCH PRODUCTS, IF ANY. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, AVALOW HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVALOW DOES NOT WARRANT THAT THE AVALOW PRODUCTS OR SERVICES WILL MEET CUSTOMER’S NEEDS OR PRODUCE ANY PARTICULAR RESULTS. THERE IS NO GUARANTEE THAT YOUR GARDENS WILL YIELD CROPS, PLANTS, OR ANY OTHER OUTPUT. AVALOW PERSONNEL, SUPPLIERS, RESELLERS, AND LICENSEES ARE NOT AUTHORIZED TO ALTER THESE WARRANTIES.
Avalow warrants that its raised bed products (the “Avalow Products”) are free from defects in materials and workmanship, subject to specific limitations and conditions set forth below, for a period of ten (10) years from the date of the original purchase by the first end-user (the “Warranty Period”). Notwithstanding the foregoing, Avalow warrants that our patent-pending water reservoir, which is installed in the Avalow Products as a self-watering system, will perform its intended function for a Warranty Period of five (5) years from the date of the original purchase by the first end-user.
Claims of defect brought after the applicable Warranty Period, whether a structural defect or a defect in the performance of the reservoir, are not covered by this limited warranty. In order to bring a claim under this limited warranty, the buyer must notify Avalow by email to email@example.com, describing the defect in reasonable detail. If Avalow determines that such defect may be covered by this limited warranty, Avalow will come to the buyer’s location to inspect the Avalow Product and, if possible, make repairs to the Avalow Product. If Avalow determines, in its sole discretion, that repairs are not feasible for any reason, Avalow will replace the defective Avalow Product, and will de-install and re-install such replacement within a reasonable period of time at no cost to the buyer. If identical materials are not available at the time of repair or replacement, Avalow may, at its option, substitute materials of comparable quality or refund buyer’s money.
The Avalow Products are intended only for use in outdoor gardening, and this limited warranty shall not cover any Avalow Product used for any other purposes. Buyers must provide adequate information to Avalow to permit proper installation the Avalow Products, and this limited warranty is expressly conditioned upon the buyer (x) providing Avalow with proper access to installation, soil, and water that reaches the Avalow Products, (y) ensuring that the Avalow Products are installed in a location that is level and has access to adequate sun. It is not Avalow’s responsibility to assess the viability of any proposed installation location or to detect any pre-existing conditions that may affect the Avalow Products’ functionality.
Any alteration by buyer of an Avalow Product (including, without limitation, moving an Avalow Product once it has been installed or de-installing/re-installing an Avalow Product) shall render this limited warranty void with respect to the altered Avalow Product. This limited warranty extends only to the original buyer and shall not cover defects or damages resulting from (i) accident, misuse, abuse, tampering, neglect, unusual physical stress, alteration, or improper operation or handling of the Avalow Product; (ii) incorrect or inadequate maintenance, cleaning, or care of the Avalow Product; (iii) improper installation of the Avalow Product due to buyer’s failure to provide Avalow with the necessary information for installation or due to buyer’s negligence; or (iv) normal wear and tear of the Avalow Product. Avalow will not be responsible under this limited warranty or otherwise for defects or damage caused by any ancillary equipment not furnished by Avalow which is attached to or used in connection with the Avalow Products, and all such equipment is expressly excluded from this limited warranty. This limited warranty does not extend to any third-party products that buyer may use or purchase in conjunction with the Products.