TERMS OF PURCHASE
Last updated April, 2018
AGREEMENT TO TERMS
These Terms of Purchase constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vertical Harvest Hydroponics LLC d/b/a VH Hydroponics (“we,” “us”, “our”, or “VHH”), concerning purchases made on the www.vhhydroponics.com website (or any other URL or URL derivative that is associated with us) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by making a purchase on the Site, you have read, understood, and agreed to be bound by all of these Terms of Purchase. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF PURCHASE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Purchase at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Purchase, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Purchase to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Purchase by your continued use of the Site after the date such revised Terms of Purchase are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– American Express
– ACH Transfer (wire transfer from your bank to our bank)
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All sales are final and no refund will be issued.
FOB Shipping Point. Buyer is responsible for shipping charges and assumes all risk of loss or damage during transit. We reserve the right to choose whichever method is most convenient to ship the products offered on our site. In any case, you will be provided with a tracking number for all your purchases. All hydroponic gardens will be shipped from Spokane, Washington. All other items on the store may be shipped from anywhere in the United States, depending on manufacturer’s preference or the location of the fulfillment warehouse. If additional delivery charges (beyond what was quoted) are incurred at the point of delivery, due to reasons outside of our control, customer will be responsible for those charges. We will invoice the customer within 2 weeks of the charges being incurred and customer will have 10 days to pay the charge.
Your rights to inspect the Goods are those found in AS § 45.02.513
Buyer shall pay interest at the highest rate allowed under applicable law on all overdue amounts until the amounts are paid. Buyer shall pay all attorney’s fees and costs incurred in collecting the amounts owed. Buyer may set off any amount owing to it by Seller. If payment is by invoice, Buyer shall pay all properly invoiced amounts due to Seller within 30 days after receipt of such invoice, except for any amounts disputed by Buyer.
LIMITED WARRANTY – Sunny Gardens
VHH warrants that the Sunny Garden will be free from manufacturing defects for one year from the date of purchase by the original owner and if the original owner has a valid proof of purchase. The date of purchase means the date the original owner pays their account in full and has no outstanding debts to VHH. The warranty does not cover normal wear and tear, excessive abuse or misuse or negligence, cosmetic issues, normal maintenance parts, consumables, faulty repairs made by others than VHH, failures due to improperly conducted maintenance, failures due to unperformed maintenance, defects caused by a failure to provide reasonable maintenance, improper use or use outside of the specifications for which such goods were designed as described in this manual, accidents, acts of God, or modifications to the Sunny Garden. Any damage or malfunction due to operator’s mistakes is not covered under this warranty. Any damage or malfunction due to damage in shipping is not covered under this warranty and all claims arising from shipping should be referred to the shipping company. Any equipment that has been altered or modified in any way outside of its intended use as described in this manual is not warranted. Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of proper protection, or accidents are not warranted. Shipping, handling, installation or other incidental or consequential costs, unless otherwise agreed to in writing by VHH, are not included. This warranty doesn’t apply to any goods which have been repaired or altered without VHH’s express written consent, in such a way as in the reasonable judgment of VHH, to adversely effect the stability or reliability thereof. This warranty does not extend any warranty on any parts related to the Sunny Garden. This warranty is only applicable to the original purchaser and is void if the original owner sells the Sunny Garden to another person or entity. All claims under this warranty must be reported to VHH in writing within thirty (30) days of the date that the defect is first discovered or reasonably could have been discovered. If Customer feels that the Sunny Garden is defective, Customer VH Hydroponics Warnings shall send written notice to VHH at this address:
Vertical Harvest Hydroponics LLC
324 East 5th Avenue
Anchorage, AK 99501
This notice should include the Customer’s name and address, A copy of the Customer’s original invoice or bill of sale confirming that the products were manufactured by VHH, dates of use by the customer and photographs of the claimed defective products if helpful. Prior to any warranty service, VHH must have a reasonable opportunity to inspect the product before repairs are begun. If your product contains manufacturing defects covered by this Warranty, VHH will, at its option, repair the defective product, at
a cost not to exceed the original purchase price of the product. No refunds shall be issued. The Warranty period shall not be extended by any such repair. VHH will not be liable for labor charges or other costs or expenses related to the Customer’s repair, removal or installation of the original or replacement product done without VHH’s approval. VHH may direct and pay a company, dealer, contractor, applicator or distributor to perform any remedy under this Warranty on VHH’s behalf. VHH will make a reasonable effort to complete all repair or replacement work within 180 days after notice is received unless circumstances prohibit repair or replacement from being completed within that period. VHH reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, VHH shall have the right to substitute a product that in VHH’s sole discretion is of equal quality or value. Except as herein stated, VHH makes no representation or warranty of any kind, either express or implied, statutory or otherwise, including without limitation, warranties as to merchantability, fitness for a particular purpose, design, or any other matter, and in no event shall VHH be liable for any incidental, special or consequential damages with respect to the products covered by this warranty. Notwithstanding any other terms or conditions herein, in no event shall VHH’s liability to any property owner, supplier,
distributor, contractor or consumer exceed the repair or replacement of defective parts covered by this warranty, at a cost not to exceed the original purchase price of the defective product, at the sole discretion of VHH. This shall be the sole and
exclusive remedy of any property owner, supplier, distributor, contractor or consumer, whether their claims arise out of breach of contract, warranty, or the sole or joint negligence of VHH, or result in damages including, but not limited to exemplary,
punitive, attorney’s fees, interest or costs. The Customer acknowledges that it has not been induced by any statements or representations of any person with respect to
the quality or condition of the Goods and that no such statements or representations have been made. The Customer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Customer has chosen to make and that VHH has afforded the Customer the opportunity for full and complete investigations, examinations, and inspections.
Binding arbitration is the exclusive means of resolving any dispute related to this agreement, including tort claims but excluding small claims. Alaska’s Revised Uniform Arbitration Act (AS §09.43.300 to .595) and all subsequent arbitration statutes govern the arbitration proceedings. The arbitration proceedings are to take place in Anchorage, Alaska and are governed by Alaska law. All other actions shall also take place in Anchorage, Alaska.
A party shall initiate arbitration by sending a notice to the other party describing the controversy and remedy sought and providing a list of five arbitrators listed in the Alternative Dispute Resolution section of the most recent edition of the Alaska Directory of Attorneys published by Todd Communications or its successor. The initiating party shall serve this notice with the list of arbitrators under the notice provision in this agreement.
The party receiving the notice shall give notice of its selection of an arbitrator from the list of arbitrators within 10 days of receiving the notice. If the receiving party fails to select an arbitrator within that timeframe, then the initiating party shall choose the arbitrator from the list. The party who does not prevail in the arbitration shall pay all of the prevailing party’s actual attorney’s fees and costs related to the arbitration.
An action for breach of this agreement must be commenced within within one year after the cause of action has accrued.
Contract Claims. The exclusive remedies for Seller and Buyer under this agreement are those specified in AS § 45.02 et al.
Tort Claims. Buyer shall defend, indemnify, and hold harmless Seller, its affiliates, and its subcontractors, from and against any and all third-party claims, demands, causes of action, damages, liabilities, losses, and expenses related to the Goods to the extent caused by the fault of Buyer or its agents or employees. Seller shall defend, indemnify, and hold harmless Buyer, its affiliates, and its subcontractors, from and against any and all third-party claims, demands, causes of action, damages, liabilities, losses, and expenses related to the Goods to the extent caused by the fault of Seller or its agents or employees.
This agreement contains the entire agreement among the parties. The parties may amend this agreement in a writing signed by all parties. Alaska law controls this agreement, including AS § 45.02 et al. The parties shall give all notices required in this agreement to the addresses specified above as follows (deemed received as specified in parentheses): by hand (upon delivery), via overnight FedEx or UPS (24 hours after deposit), by email (email confirmation), or by first class certified or registered mail, return receipt requested, postage prepaid (48 hours after deposit in the mail). Waivers must be in writing. No clause is to be construed against another party since this agreement was negotiated in the spirit of mutual cooperation. Neither party is liable for force majeure events. Captions are for convenience only.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Vertical Harvest Hydroponics LLC d/b/a VH Hydroponics
324 E. 5th Avenue
Anchorage, AK 99501
Phone: (907) 782-4420