LIMITED LIFETIME SATISFACTION GUARANTEE:
Should this fabric not perform to your expectations while you, the original purchaser, continue to own it, Consolidated Foam Inc. will, at its option, refund you its purchase price or replace it with the same product or better. Refunds are not possible for additional costs incurred with the use or application of this product, such as labor for installation, other materials or expenses, nor will Consolidated Foam, Inc. give a refund for products which have been misused or abused. For assistance, please send your dated sales receipt, a piece of the fabric and a letter describing in detail the nature of your problem to Consolidated Foam, Inc. 1670 Barclay Blvd. Buffalo Grove, IL 60089. Please allow 4-6 weeks for your request to be processed. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you, and you may have additional rights which vary from state to state.
LIMITED LIFETIME WARRANTY:
This Gardien® product (the “Product”) is warranted to the original purchaser (the “Purchaser”) by Consolidated Foam, Inc. (“Consolidated Foam”) to be free from defects in materials and workmanship at the time of purchase and shall continue so long as Consolidated Foam actively markets and sells the Product (collectively, the “Warranty”). Should the Purchaser discover defects in the materials or workmanship of the Product after purchase which would be in violation of the Warranty, the Purchaser must send written notification (“Notice”) by certified mail within ninety (90) days of the discovery of such defects to:
Consolidated Foam, Inc.
Attn: Legal Department
801 Asbury Drive
Buffalo Grove, Illinois 60089
The Notice must include (i) pictures and a description of the defect(s), (ii) the Purchaser’s name, phone number and mailing address, and (iii) a copy of the receipt evidencing the purchase price of the Product. Consolidated Foam will investigate the Purchaser’s claim and reply in writing to the address set forth in the Notice within ninety (90) days of receipt of the Notice. If, after investigation of the Notice, Consolidated Foam agrees that there was a breach of the Warranty, Consolidated Foam will, in its sole discretion, either (i) refund the purchase price paid for the Product or (ii) replace the defective Product with a similar or better product from Consolidated Foam. Problems caused by abuse or misuse of the product are not covered. The foregoing remedies are the sole and exclusive remedies available to the Purchaser in connection with the purchase of the Product and/or a breach of the Warranty. EXCEPT FOR THE WARRANTY, THE PRODUCT IS PROVIDED TO PURCHASER “AS IS” AND CONSOLIDATED FOAM HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE PURCHASER ACKNOWLEDGES AND AGREES THAT THE RESULTS OBTAINED FROM ANY USE OF THE PRODUCT ARE IN THE SOLE CONTROL OF THE PURCHASER AND ARE THE SOLE RESPONSIBILITY OF PURCHASER, AND CONSOLIDATED FOAM’S MARKETING AND/OR PROMOTIONAL MATERIALS SHALL NOT BE CONSTRUED AS ENGINEERING ADVICE OR AS PROVIDING ANY WARRANTY WITH RESPECT TO THE PRODUCT. WITHOUT LIMITING THE FOREGOING, CONSOLIDATED FOAM MAKES NO WARRANTY OF ANY KIND THAT THE PRODUCT OR RESULTS OF THE USE THEREOF WILL MEET PURCHASER’S OR ANY OTHER PERSON’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT.
The Warranty and related remedies being provided by Consolidated Foam hereunder are for the benefit of the Purchaser and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Warranty. The Purchaser may not assign its rights under the Warranty to any other person or entity without the express written consent of Consolidated Foam, which may be withheld in Consolidated Foam’s sole discretion. Under no circumstances shall Consolidated Foam be liable to the Purchaser or to any other person or entity for any general, special, direct, indirect, incidental, consequential, exemplary, punitive, or other damages of any kind or nature whatsoever arising from or in connection with the use of the Product or the Warranty. Some states may not allow the exclusion or limitation of damages as set forth herein in which case the above language may not apply to the Purchaser. The Warranty gives the Purchaser specific legal rights, in addition to other rights the Purchaser may have which vary state to state and province to province. The Purchaser acknowledges and agrees that the purchaser price of the Product would have been increased if not for the waiver of damages and the limitations on the Warranty as described herein.
Garden Tools, Nozzles & Accessories, Hoses, Garden Carts & Kneelers, Plant Stands and Stepping Stones (does not include Plant Protectors)
5 YEAR LIMITED WARRANTY:
This product is warranted to be free of defects in material and workmanship for 5 years after the original consumer purchases the product. This warranty applies only to the original purchaser and excludes problems caused by product abuse/misuse. At Consolidated Foam, Inc’s option, defective product will be repaired, replaced, or substituted with a product of equal value. For warranty service, call 1-800-325-0469, or contact Consolidated Foam, Inc. at the included address. Proof of purchase may be required. Consolidated Foam, Inc shall in no event be liable for any incidental or consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion many not apply to you. This warranty gives you specific legal rights, and you may have other rights, which may vary from state to state.