1. Limited Warranty. FarmBot, Inc. (“FarmBot”) warrants to the original purchaser (the “Customer”) that the products purchased by Customer from FarmBot (the “Products”) are free from defects in material and workmanship for a period of thirty (30) days from the date of delivery to Customer for all Products, unless otherwise specified by FarmBot.
2. FarmBot’s Obligation. The sole obligation of FarmBot, at its option and without charge, is to repair, replace, or refund the original purchase price paid by Customer for, any Product or part, which FarmBot manufactures and which FarmBot agrees is defective. Repair parts or replacement Products may be new, remanufactured, or refurbished, at the sole discretion of FarmBot. All returned parts or Products that are replaced become the property of FarmBot.
3. Transfer of Other Warranties. In the case of equipment and accessories not manufactured by FarmBot, if a warranty is extended by the manufacturers thereof and transferable to Customer, FarmBot shall transfer such warranty to Customer.
4. Exclusions. FarmBot’s limited warranty provided herein does not cover: (i) normal wear and tear; (ii) transport damage; (iii) failure to follow assembly, operation, or maintenance instructions; (iv) Customer’s negligent modification, disassembly or attempted repairs of the Product; (v) abuse, misuse or negligent acts; (vi) accidental or intentional damage; or (vii) cosmetic shortcomings which do not influence Product function.
5. Disclaimers. Unless expressly set forth in this limited warranty, FarmBot makes no warranty of any kind whatsoever, express or implied, with respect to any products furnished hereunder. FarmBot expressly disclaims, where legally permitted to make such disclaimer, any warranties implied by law, including but not limited to any warranty of merchantability or fitness for a particular purpose. Some states do not allow limitations on the existence of implied warranties, or how long an implied warranty lasts, so the above limitation may not apply to you.
6. Limitation of Damages. IN NO EVENT SHALL FARMBOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, PROFITS, OR DOWN-TIME (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER THE BASIS OF LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR ANY OTHER LEGAL THEORY), EVEN IF FARMBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FARMBOT’S TOTAL LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO THE AMOUNTS PAID TO FARMBOT BY CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE REMEDIES UNDER THIS LIMITED WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Return Merchandise Authorization (RMA) Process for Defective Products.
7.1 A Return Merchandize Authorization (“RMA”) number must be obtained from FarmBot before Customer can return any Product to FarmBot for warranty service. A FarmBot representative will gather the appropriate account and Product information and verify warranty status. FarmBot must receive notification of the need for warranty service before the end of the applicable limited warranty period. The RMA number must be included on the outside packaging of the returned Product. To obtain an RMA number, please contact FarmBot at email@example.com.
7.2 Any approved RMA should be considered provisional, based on verification of in-warranty status when the Product is received at FarmBot. If FarmBot determines that the Product is out-of-warranty, Customer will be notified. At the Customer’s discretion, FarmBot will either scrap the out-of-warranty Product or return it to Customer.
7.3 Customer is responsible for all shipping charges for RMAs to FarmBot, and FarmBot is responsible for all shipping charges to return the Product or its replacement to the Customer.
7.4 FarmBot will typically not decide whether to repair, replace, or refund the purchase price for, any returned Product until the returned Product is received at FarmBot and the warranty status is confirmed.
8. Discontinuance of Products. Notwithstanding any language in this limited warranty to the contrary, FarmBot shall have the right to discontinue the availability of any Product or components or replacement parts therefor, or to make design changes or improvements in the Products at any time and such discontinuance or change shall not constitute a breach of warranty, or result in liability for FarmBot under any legal theory whatsoever. FarmBot shall have no obligation to retrofit, change or improve Products purchased by Customer prior to the discontinuance or change.
9. Other Rights. This limited warranty gives you specific legal rights, and you may also have other rights which vary from State to State, and from Country to Country.
9.1 SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES, IMPLIED WARRANTIES, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.2 EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THIS LIMITED WARRANTY DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD, BUT RATHER IS IN ADDITION TO THESE RIGHTS.
9.3 European Consumer Centers may provide information from time to time on EU-wide consumer laws as well as consumer laws for specific countries.