Gardyn Home Limited Home Use Warranty
Effective Date of Current Policy: September 1, 2019
Gardyn Home Limited Warranty
Gardyn, Inc. (“Gardyn”) extends the following Limited Warranty, which applies only to non-commercial, in-home, indoor use of the Gardyn Home. Any other use of the Gardyn Home shall void this Limited Warranty. During the applicable Limited Warranty periods described below, the covered components of the Gardyn Home will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty. The Limited Warranty applies for the following components of the Gardyn Home only, for the time period indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Gardyn Home remains in the possession of the original purchaser, or, for gifted Gardyn Homes, the owner of the original Subscription attached to that Gardyn Home.
GARDYN HOME COMPONENTS: 12 MONTHS
Gardyn warrants the components and all original parts of the Gardyn Home other than yCubes™ against defects in workmanship and materials for a period of 12 months from the date of original delivery.
LABOR: 12 MONTHS
For Gardyn Homes originally assembled by an authorized Gardyn technician, Gardyn will cover the labor cost for the repair or replacement made under this Limited Warranty for a period of 12 months from the date of original delivery. Except where applicable law requires otherwise, repair labor is not covered for locations where Gardyn did not originally assemble the Gardyn Home or if the Gardyn Home is moved to a location that is outside of Gardyn’s service area.
Exclusions and Limitations
Who and what is covered:
The original owner of the Gardyn Home. The Gardyn Home must remain in the possession of the original purchaser, or, for gifted Gardyn Homes, the owner of the original Subscription attached to that Gardyn Home. This Limited Warranty is not transferable. If a defect arises in the Gardyn Home or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for Gardyn to, at Gardyn’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Gardyn Home or component with the same or a comparable model. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
What is NOT covered:
Any Gardyn products or services, non-Gardyn products or labor, units that are, or that Gardyn reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased or used outside the U.S. or Canada, and units missing serial numbers.
Software, even if sold with or embedded in the Gardyn Home, or Internet connectivity. Gardyn does not warrant that the operation of the Gardyn Home will be uninterrupted or error-free.
Damage or equipment failure due to normal wear and tear, improper or negligent assembly, maintenance, installation, relocation, or repair (other than that caused by a Gardyn authorized service technician), use of the Gardyn Home with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Gardyn Home, or any use contrary to the instructions in the Gardyn Guide.
Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by Gardyn.
Incidental or consequential damages. Gardyn is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment, software or parts. Gardyn does not provide monetary or other compensation for any such repairs or replacement parts costs.
Any attempt to move or repair Gardyn Home creates a risk of injury and property damage. Gardyn is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair or attempted repair of equipment by anyone other than a Gardyn authorized service technician. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and Gardyn shall have no liability for any injury to person or property arising from such attempted moves or repairs. In addition, labor may no longer be covered if you move outside of Gardyn’s service area.
Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Gardyn or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
Any disputes between you and Gardyn related to this Limited Warranty or the Gardyn Home will be governed by the then-current dispute resolution procedures in Gardyn’s Terms of Service, available at www.MyGardyn.com/policy/termsofservice .
*This limited warranty is the exclusive warranty given by Gardyn, Inc and supersedes any prior, contrary or additional representations. All other warranties, express or implied, including any statutory warranty or condition of merchantability or fitness for a particular purpose, are disclaimed except to the extent prohibited by law. In such event, such warranty is limited to the duration of the warranty periods set forth above. This exclusion applies even if this warranty fails of its essential purposes and regardless of whether damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.