Terms & Policies

Warranty:

We offer a one year warranty on motors and controllers. Other components are subject to their original manufacturer warranty.

Terms of Sale:

Humboldt Greenhouse Supply, LLC | TERMS AND CONDITIONS OF SALE
1. TERMS OF PAYMENT: Payment terms are specified on the front page of this Agreement. Seller reserves a purchase money security interest in the products delivered hereunder until all of Seller’s claims arising out of the furnishing of such products have been satisfied in full.
2. DELAYS IN DELIVERY: Seller shall not be responsible for loss or damage caused by delays in delivery from strikes, acts of war, fire, casualty, inability to obtain materials or other causes beyond the Seller’s control.
3. CLAIMS AND RETURNS: Seller is not responsible for damage after delivery to carrier. All claims for shortages or damages must be reported to the carrier immediately and filed with carrier by Buyer. No merchandise or products may be returned without authorization from the Seller’s office. A 10% restocking charge will be subtracted from return refund. All returned merchandise must be in unused condition and freight must be pre-paid. Return refund amount is less any restocking fees, sales tax, shipping, & processing fees- if applicable.
4. EXCLUSIONS AND WARRANTIES: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT EXPRESS WRITTEN WARRANTIES BY THE PRODUCTS MANUFACTURER, ARE EXCLUDED AND SHALL NOT APPLY TO THE PRODUCTS DELIVERED, SERVICES PREFORMED OR PARTS FURNISHED BY SELLER. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OR USE OF ANY PRODUCT, SERVICES PERFORMED OR PARTS FURNISHED BY SELLER. Seller warrants to Buyer that motors and control boxes sold hereunder that are standard products of Seller will conform to the applicable Seller Specifications and be free from defects caused by defective material and faulty workmanship for a period of ONE YEAR from date of shipment to Buyer. SELLER MAKES NO WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO SALES OR ORDERS FOR NONSTANDARD,
SUB-GRADE GOODS OR PURCHASES THROUGH UNAUTHORIZED SALES CHANNELS. GOODS SOLD UNDER SUCH SALES OR ORDERS ARE FURNISHED “AS IS” AND “WITH ALL FAULTS.” Seller’s sole and maximum liability for breach of its warranties herein is limited to the obligation, at Seller’s sole discretion to rescreen, reprocess or provide replacement of motors and control boxes goods, for a period of 30 DAYS from date of shipment to Buyer or credit Buyer’s account, any goods delivered hereunder which either become defective or fail to meet the applicable specifications during the warranty period and which are found by Seller to be defective under the terms of this warranty, provided that:(a) Seller is notified in writing by Buyer within 10 days after discovery of defects or failure to meet Specifications; (b) Buyer obtains a Return Material Authorization form from Seller prior to returning any defective goods to Seller; (c) the defective goods are returned to Seller, transportation charges prepaid by Buyer (provided, however, that if upon examination by Seller, it determines that the goods are entitled to this warranty, then Seller shall be responsible for all transportation charges to and from Seller’s facility); (d) the defective goods are received by Seller for adjustment no later than 10 days following the last day of the warranty period; and (e) Seller’s examination of such goods shall disclose that such defects or failures have not been caused by misuse, abuse, neglect, improper installation or application, repair, alteration, damage by rain, fire or casualty or by accident or negligence in use, storage, transportation or handling. In addition, Seller shall have no liability to Buyer to the extent such failure is caused by non-compatibility with other components used by Buyer. In the event that any one or more of the foregoing conditions is not satisfied, Seller shall have no liability under this warranty whatsoever. Buyer has an obligation to mitigate any damages related to integration of defective or nonconforming Parts. If Buyer has knowledge that such Parts are defective or nonconforming or Seller has advised Buyer that Parts are defective or nonconforming and in either event Buyer integrates such defective Parts, Seller shall have no liability to Buyer for any damages incurred by Buyer as a result. In the event that the foregoing exclusive remedy under this warranty is determined upon judicial review to have failed in its essential purpose through no fault of Buyer, the alternate exclusive remedy shall be the refund of the purchase price of the nonconforming or defective goods. Any repairs to or alterations on the goods shipped hereunder must be authorized in writing by Seller to prevent voiding Seller’s warranty. Seller’s goods may be prohibited for shipment to certain countries, entities or individuals under U.S. export regulations. Seller is not liable to Buyer for any delays or failure to obtain the necessary export license.
SELLER’S OBLIGATION TO HONOR THESE WARRANTIES IS CONTINGENT UPON SELLER’S RECEIPT OF PAYMENT IN FULL FOR THE GOODS ENTITLED TO THIS WARRANTY. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE. THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF SELLER.
5. FINANCIAL CONDITION: BUYER REPRESENTS THAT AT THE TIME OF THE EXECUTION OF THIS CONTRACT HE IS SOLVENT; AND CAN PAY HIS DEBTS IN THE ORDINARY COURSE OF BUSINESS, AS THEY BECOME DUE. BUYER FURTHER REPRESENTS THAT THE AGGREGGATE OF HIS PROPERTY, AT FAIR VALUATION, IS SUFFICIENT TO PAY HIS DEBTS AND HE WILL BE ABLE TO PAY FOR THE GOODS UPON THE CREDIT TERMS GIVEN BY THE SELLER.
6. LIMITATION OF LIABILITY: SELLER’S LIABILITY UNDER THIS CONTRACT SHALL BE LIMITED TO REPAIRING OR REPLACING THE GOODS OR PRODUCTS DELIVERED, AND SELLER SHALL NOT BE LIABLE IN AN EVENT FOR BUYER’S LOSS OF PROFITS, BUSINESS, GOOD WILL OR OTHER CONSEQUENTIAL DAMAGE.
7. MERGER: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified or terminated only in writing and signed by all parties.
8. CONTROLLING LAW: No lawsuits pertaining to any matter arising or growing out of this contract shall be instituted in any state other than California.
9. INDEMNITY: Buyer agrees to defend, indemnify and save Seller harmless against any liability, causes of action, claim, loss and costs, including attorney’s fees and expert’s fees, arising out of damage to any property or injury or death to any person resulting from the use of any products delivered hereunder wherever such products are being used, however such damage, injury or death may be caused and whether caused or alleged to be caused by the inactive negligence of Seller or it’s agents.
10. ATTORNEY’S FEES: In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover it’s attorney’s fees and court costs and other non-reimbursable litigation expenses, such as expert witness fees and investigation expenses.