Tonka Growing Products Limited Warranty
The warranty obligations of Tonka Growing Products, for this product are limited to the terms set forth below:
What is Covered
This limited warranty covers defects in materials and workmanship in this product.
What is Not Covered
This limited warranty does not cover any improper installation (or damage resulting from an improper installation not performed by a licensed electrician), damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature. This limited warranty does not cover any damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by Tonka Growing Products to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product. This limited warranty does not cover cartons, equipment enclosures, cables or accessories used in conjunction with this product. Without limiting any other exclusion herein, Tonka Growing Products does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used.
How Long this Coverage Lasts
The standard limited warranty for Tonka Growing Products is either a one (1) or three (3) year prorated limited warranty from the date of original purchase, with the following products outlined:
1. All Tonka Ballast are covered by a standard three (3) year Limited warranty for hardware electronics. Any Tonka ballast used on a “Flip” or switch box (a box in which the ballast is switched form one set of reflectors to another) can at Tonka Growing Products discretion invalidate the warranty. (it is not recommended to ever use “Flip” boxes)
2. All Tonka Reflectors are covered by a one (1) year warranty, please check their packaging for the specific warranty length
3. Tonka CO2 Generators has a 3 year prorated limited warranty.
4. All Tonka CO2 Regulators are covered by a one (1) year warranty.
5. Tonka Lamps are covered by a 30 day warranty from its date of purchase from the reseller. Lamps must be tested by the buyer immediately after purchasing, due the cycling of lamps
Who is covered
Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of this product, unless written consent is given in letter form from Tonka Growing Products to transfer coverage.
What Tonka Growing Products Will Do
Tonka Growing Products will, at its sole option, provide one of the following three remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
1. Elect to repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore this product to its proper operating condition. Tonka Growing Products will also pay the shipping costs necessary to return this product once the repair is complete.
2. Replace this product with a direct replacement or with a similar product deemed by Tonka Growing Products to perform substantially the same function as the original product.
3. Issue a refund/ credit (possible prorated credit) to Retailer of the original purchase price less depreciation to be determined based on the age of the product at the time remedy is sought under this limited warranty. (Year one 100% credit, Year two 75% Credit, Year three 50% Credit)
What Tonka Growing Products Will Not Do Under This Limited Warranty
If this product is returned to Tonka Growing Products or the authorized dealer from which it was purchased or any other party authorized to repair Tonka Growing Products products, this product must be insured during shipment, with the insurance and shipping charges prepaid by you. If this product is returned uninsured, you assume all risks of loss or damage during shipment. Tonka Growing Products will not be responsible for any costs related to the removal or re-installation of this product from or into any installation. Tonka Growing Products will not be responsible for any costs related to any setting up this product, any adjustment of user controls or any programming required for a specific installation of this product.
How to Obtain a Remedy Under This Limited Warranty
To obtain a remedy under this limited warranty, you must contact either the authorized Tonka Growing Products reseller from whom you purchased this product or the Tonka Growing Products distributors office or reseller nearest you. For a list of authorized Tonka Growing Products resellers and/or Tonka Growing Products authorized Distributors, visit our web site at www.Tonkgrowingproducts.com, under Distributors.
Authorized Dealer nearest you.
In order to pursue any remedy under this limited warranty, you must possess an original, dated receipt as proof of purchase from an authorized Tonka Growing Products reseller. If this product is returned under this limited warranty, a return authorization number, obtained from an authorized Distributor, will be required (RMA number). You may also be directed to an authorized reseller or a person authorized by Tonka Growing Products to repair the product. If it is decided that this product should be returned directly to Tonka Growing Products, this product should be properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization number will be refused.
Limitation of Liability
THE MAXIMUM LIABILITY OF TONKA GROWING PRODUCTS UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONKA GROWING PRODUCTS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY. Some countries, districts or states do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONKA GROWING PRODUCTS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF TONKA GROWING PRODUCTS CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPLICABLE LAW. IF ANY PRODUCT TO WHICH THIS LIMITED WARRANTY APPLIES IS A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. §2301, ET SEQ.) OR OTHER APPLICABLE LAW, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES SHALL NOT APPLY TO YOU, AND ALL IMPLIED WARRANTIES ON THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE, SHALL APPLY AS PROVIDED UNDER APPLICABLE LAW.
This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state. This limited warranty is void if (i) the label bearing the serial number of this product has been removed or defaced, (ii) the product is not distributed by Tonka Growing Products or (iii) this product is not purchased from an authorized Tonka Growing Products reseller. If you are unsure whether a reseller is an authorized Tonka Growing Products reseller, visit our web site at contact a Tonka Growing Products office from the list at the end of this document. Your rights under this limited warranty are not diminished if you do not complete and return the product registration form or complete and submit the online product registration form. Tonka Growing Products thanks you for purchase.
Tonka Growing Products is a registered brand name and Trademark of Luminous Planet Limited