THIS FARMSEE WARRANTY POLICY ("Warranty") APPLIES SOLELY TO THE ORIGINAL PURCHASER OF THE AUTHORIZED EQUIPEMENT (as detailed in the Order Form signed by such purchaser and FarmSee) ("you").

 

APPLICABLE LAWS MAY ENTITLE YOU TO LEGAL RIGHTS IN ADDITION TO THOSE IN THIS WARRANTY. OTHER THAN AS PERMITTED BY LAW, FARMSEE DOES NOT LIMIT OR EXCLUDE SUCH ADDITIONAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE - CONSULT THE LAWS OF YOUR JURISDICTION IN ORDER TO UNDERSTAND.

 

1. WARRANTY.

Subject to the Warranty Exclusions in Section ‎2 below, FarmSee Ltd. ("FarmSee") warrant that the Authorized Equipment, under normal use in accordance with the Documentation (which includes product- or service-related communications), shall be free from defects in materials and workmanship for 12 months from the date you purchased the Authorized Equipment from FarmSee or its corporate affiliates, or, if you purchased the Authorized Equipement remotely, from the date the Authorized Equipement was shipped (the "Warranty Period"). Notwithstanding anything to the contrary herein, this Warranty shall immediately terminate upon termination or expiration of the applicable SaaS License Agreement by and between the parties.

 

2. EXCLUSIONS.

The Limited Warranty does not cover or apply to (each of the following, a "Warranty Exclusion"): cosmetic damage (such as scratches, dents, and broken plastic) unless due to a defect in the materials or workmanship of the Authorized Equipement; defects caused by use or combination of the Authorized Equipment with a product or service of a third party; defects caused by accident, fire, earthquake, similar external causes, or exposure to extreme environmental or thermal conditions; defects caused by abuse or misuse of the Authorized Equipment (or part thereof); defects caused by any service performed by anyone not authorized by FarmSee; a device that has been modified without the prior and specific express written consent of FarmSee; normal wear and tear; a device for which you are unable to provide sufficient user-authentication information;a device that has been stolen; and/or if the Authorized Equipment has been opened without authorization, or if the seal on your Authorized Equipment packaging has been removed, tampered with, or defaced.

 

3. WARRANTY SERVICE.

In the event of a breach of the warranty in Section 1 during the Warranty Period, your sole and exclusive remedy, and FarmSee's sole and entire obligation and liability, will be for FarmSee to perform one of the following services (each, a "Warranty Service"), at its option: (a) repair the Authorized Equipment; or (b) replace the Authorized Equipmentwith at least equivalent functionality Repairs or replacements will not be deemed to re-start the Warranty Period, and the returned Authorized Equipment will be covered by the remainder (if any) of the Warranty Period.

 

In order to receive a Warranty Service, FarmSee may require you to provide additional information. You must obtain a Return Material Authorization (RMA) number from FarmSee and return your Authorized Equipment in accordance with Vendor's instructions.

 

4. DISCLAIMER OF WARRANTIES.

EXCEPT AS STATED OTHERWISE IN THIS WARRANTY POLICY, THE AUTHORIZED MATERIAL AND ANY WARRANTY SERVICES ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, POSSESSION, QUALITY OF SERVICE, NON-INFRINGEMENT, SATISFACTORY QUALITY, USABILITY, REGARDING LATENT DEFECTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY FARMSEE.

 

IN ADDITION, FARMSEE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:

(A) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE AUTHORIZED EQUIPEMENT; OR

(B) THAT YOUR USE OF THE AUTHORIZED EQUIPEMENT WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED, SECURE OR ERROR-FREE.

 

 

5. LIMITATION OF LIABILITY.

IN NO EVENT WILL FARMSEE OR ITS AFFILIATED ENTITIES BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS WARRANTY, FOR: ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/ORTHE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.

THE AGGREGATE LIABILITY OF FARMSEE AND ITS AFFILIATED ENTITIES UNDER, OR OTHERWISE IN CONNECTION WITH THIS WARRANTYSHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO FARMSEE IN CONSIDERATION FOR THE AUTHORIZED EQUIPEMENT PURSUANT TO THE APPLICABLE ORDER FORM. ACCORDINGLY, IF YOU HAVE NOT PAID FARMSEE ANY AMOUNTS IN SUCH SIX-MONTH PERIOD, FARMSEE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

 

THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY THE LAW APPLICABLE TO YOU EVEN IF FARMSEE OR ITS AFFILIATED ENTITIES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; EVEN IF ANY REMEDY IN THIS WARRANTY POLICY FAILS OF ITS ESSENTIAL PURPOSE; AND REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY).

 

 

6. CONTROLLING LAW; JURISDICTION.

This Warranty shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to any conflicts of laws rules or principles, and the competent courts of New York County, New York shall have exclusive jurisdiction over any claim in connection with this Warranty.  Notwithstanding the foregoing, in the event that you are situated outside of the United States, this Warranty shall be governed by, and construed in accordance with, the laws of England and Wales, without regard to any conflicts of laws rules or principles, and the competent courts of London, England shall have exclusive jurisdiction over any claim in connection with this Warranty. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Warranty and is hereby disclaimed. You also:

1. agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that you may initiate such proceedings only on your own behalf;

2. hereby waive the right to litigate such claims, disputes, or controversies in court before a jury; and

3. agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another person's Authorized Equipment.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS WARRANTY POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AGREE THAT SUCH CAUSE OF ACTION SHALL BE DEEMED PERMANENTLY BARRED.

 

Last Update: 29 March 2024