These Terms and Conditions ("Terms") govern the sale of Growlink Core Controllers ("Product") by Growlink ("Seller") to the purchaser ("Buyer"). By purchasing the Product, Buyer agrees to be bound by these Terms.
1. Orders
1.1. All orders are subject to acceptance by the Seller. Seller reserves the right to reject any order for any reason.
1.2. Orders are considered final upon confirmation from the Seller. Changes or cancellations after confirmation may incur additional fees.
2. Pricing and Payment
ALL AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT ARE NON-REFUNDABLE.
2.1. Prices are quoted in USD and are exclusive of taxes, shipping, and handling charges. All applicable taxes and fees are the responsibility of the Buyer.
2.2. Payment terms are as follows:50% of the total price is due at the time of order. The remaining 50% is due when the product is ready to ship.
2.3. Seller reserves the right to delay shipment if the final payment is not received on time.
2.4. Late payments may incur a late fee of 1.5% per month or the maximum allowed by law.
3. Delivery
3.1. Delivery dates are estimates only. Seller is not liable for any delays in delivery due to unforeseen circumstances.
3.2. Risk of loss passes to the Buyer upon shipment. Title to the Product remains with Seller until full payment is received.
4. Inspection and Acceptance
4.1. Buyer must inspect the Product upon receipt and notify Seller of any defects or discrepancies within 7 days. Failure to do so constitutes acceptance of the Product.
5. Returns and Refunds
5.1. Returns are only accepted for defective Products or as otherwise agreed upon by Seller. Returns must be authorized in advance and shipped prepaid by the Buyer.
5.2. Refunds will be processed upon receipt and inspection of the returned Product, less any applicable fees.
6. Growlink Limited Warranty
6.1. Growlink-Manufactured Products Warranty: Growlink warrants that all products manufactured by Growlink, excluding sensors, will be free from defects in material and workmanship for a period of thirty-six (36) months from the date of delivery.
6.2. Sensor Warranty: Sensors are warranted to be free from defects in material and workmanship for a period of one (1) year from the date of delivery.
6.3. Third-Party Products Warranty: Third-party products are covered by the warranty provided by their original manufacturer. Growlink does not extend its warranty to cover third-party products.
6.4. Warranty Exclusions: This warranty does not cover damage caused by misuse, improper installation, unauthorized modifications, or external factors beyond Growlink’s control.
6.5. Claims Process: To submit a warranty claim, the buyer must contact Growlink Support, providing proof of purchase, product details, and a description of the issue.
6.6. Warranty Resolution: At its discretion, Growlink will repair or replace the defective product or part with a new or refurbished item.
7. Limitation of Liability
7.1. Maximum Liability: Seller's maximum liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the sale, delivery, use, or performance of the Product, shall not exceed the amount paid by the Buyer for the specific Product giving rise to the claim.
7.2. Exclusion of Indirect Damages: Under no circumstances shall Seller be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to, loss of profits, loss of business, loss of use, loss of data, downtime costs, or costs of substitute goods or services, even if Seller has been advised of the possibility of such damages.
7.3. Exclusion of Certain Claims: Seller shall not be liable for any claims arising from:
Improper Use: Damage or loss resulting from improper installation, use, or maintenance of the Product by the Buyer or any third party.
Unauthorized Modifications: Any modifications, repairs, or alterations made to the Product by the Buyer or third parties without the prior written consent of Seller.
Third-Party Products: Any third-party products or components used in conjunction with the Product.
Force Majeure: Any delays, failures, or damages due to events beyond the control of Seller, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, or governmental actions.
7.4. No Warranties Beyond Express Warranty: Except for the express warranties stated in these Terms, Seller makes no other warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.5. Time Limitation for Claims: Any claim against Seller must be brought within one (1) year from the date the cause of action arises, or such claim will be deemed waived.
7.6. Indemnification: Buyer agrees to indemnify, defend, and hold Seller harmless from any claims, damages, losses, or expenses arising out of Buyer's improper use, installation, or modification of the Product, or any breach of these Terms by Buyer.
8. Intellectual Property
8.1. All intellectual property rights in the Product, including patents, trademarks, and copyrights, remain the property of the Seller.
9. Governing Law
9.1. These Terms are governed by the laws of the state of Delaware, without regard to its conflict of law principles.
10. Dispute Resolution
10.1. Any disputes arising from these Terms shall be resolved through binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association.
11. Amendments
11.1. Seller reserves the right to amend these Terms at any time. Any amendments will be effective upon posting on Seller’s website or notification to Buyer.
12. Entire Agreement
12.1. These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.
By placing an order, Buyer acknowledges having read and agreed to these Terms and Conditions of Sale.
