Global Warranty

Ag Growth International Inc. (“AGI”) warrants that the goods and/or services being supplied (the “Goods”) will be free from defects in materials and workmanship under normal conditions, use, service, and maintenance, for a period of twelve (12) months from the date of first operation of the Goods, but in no event more than eighteen (18) months from the date of delivery of the Goods to the end-user (the “Warranty Term”). If the Goods are being used for rental purposes, the Warranty Term for the subject Goods shall be limited to 90 days.

Subject to AGI’s sole discretion, if the Goods, or a component thereof, are found to have a default in materials and/or workmanship within the Warranty Term, AGI will, at its own option and expense, repair or replace the subject Goods or refund the purchase price for the applicable Goods. Any warranty related expenses incurred on behalf of or by the end-user without the prior written consent of AGI shall be the sole responsibility of the end-user. Expenses relating to travel, customs or import duties and tariffs, equipment rental, and any costs associated with accessing the Goods are the sole responsibility of the customer. Warranty shall be void in the event the Goods are returned or disposed of without the written consent of AGI.

The customer shall not assert a claim that the Goods are defective unless the customer gives written notice to AGI of such defect within forty-eight (48) hours of discovering such defect.  In the event of a warranty claim, the customer must complete any and all information required by AGI in order to properly assess or investigate the claim.  AGI shall be given a reasonable opportunity to inspect and test the Goods in question.  Failure by the customer to notify AGI of such claim within 48 hours shall operate as a waiver of any and all such claims by the customer.

THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY AGI WITH RESPECT TO THE GOODS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS, OR OTHERWISE, AND WHETHER OR NOT AGI’S GOODS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY AGI FOR BUYER’S USE OR PURPOSE.

This limited warranty extends solely to Goods manufactured by AGI and does not cover any third-party parts, components, or materials. To the extent permitted by the manufacturer, AGI will pass on applicable warranties on third-party parts, components or materials to the end-user. This warranty does not extend to any losses or damages due to misuse, use of a kind and/or to a degree not reasonably expected to be made of the Goods, any use of the Goods which is not an intended use as specified in AGI’s published product literature or otherwise specified by AGI in writing, accident, acts of God, abuse, neglect, normal wear and tear (including corrosion and cosmetic issues), any equipment attached to or used in conjunction with the Goods, any field modifications or substitutions to original Goods, component damage incurred during shipping and handling, unauthorized modification or alteration, used beyond rated capacity, or improper installation, maintenance or application.

THE SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM HEREUNDER SHALL BE LIMITED TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE. AGI SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL AGI’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE OF THE GOODS. BUYER AGREED THAT IN NO EVENT SHALL AGI’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, FAILURE TO MEET GOVERNMENT AND/OR ADMINISTRATIVE REQUIREMENTS, CLEAN UP COSTS, COST OF CAPITAL AND DAMAGE OR LOSS TO OTHER GOODS, PROPERTY OR EQUIPMENT.

To the fullest extent permitted by law, Buyer, on behalf of itself, its suppliers, their agents, employees or any entity or person for which Buyer is or may be responsible (“Indemnitors”) shall fully indemnify, save and hold AGI, its agents, employees, officers, directors, partners and related entities harmless from and against all liability, damage, loss, claims, demands, actions and expenses of any nature whatsoever, including, but not limited to reasonable attorney’s fees which arise out of or are connected with: (a) any negligent act, error or omission by any Indemnitor in the performance of this agreement; (b) the failure of the Indemnitor to comply with the laws, statutes, ordinances or regulations of any governmental or quasi-governmental authority; or (c) the material breach of any term or condition of this agreement by any of the Indemnitors. Without limiting the generality of the foregoing, the indemnity hereinabove set forth shall include all liability, damage, loss, claims, demands, and actions on account of personal injury, death or property loss to any third party, any Indemnitee, any of Indemnitee’s employees, agents, licensees or invitees. The indemnity set forth herein shall survive any termination of this agreement.

This warranty is non-transferable and applies only to the original end-user AND SHALL BE CONSIDERED VOID IF NOT REGISTERED WITHIN 30 DAYS of RECEIPT OF THE GOODS BY THE ORIGINAL END USER.