Terms & Conditions
Returns
Fork Farms offers a 14-day return policy on all products. Returns must be initiated within 14 calendar days from the date the order was placed. To be eligible for a return, your product must be unopened, unused and in the same condition that you received it. The return shipping cost will be deducted from your refund. Your item must be in the original packaging. A receipt or proof of purchase is also required.
Payment Terms
Payment terms shall be Net 30. A 1.5% monthly late fee will be assessed for any remaining balances over 90 days past the due date.
Warranty Information
Seller warrants that, at the time of shipment, all Goods will be free from material defects in materials and workmanship and materially conform with any specifications which have been expressly agreed upon in writing by Seller. Seller further warrants that, at the time of performance, the Services will be performed in a professional and workmanlike manner, in all material respects. The warranties expressly provided herein may only be asserted by Buyer and may not be asserted by Buyer’s customers or other users or beneficiaries of the Offerings. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY. OTHER THAN THE FOREGOING WARRANTY, SELLER HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OFFERINGS (WHETHER GOODS OR SERVICES) INCLUDING ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NO PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTIES ON BEHALF OF SELLER OTHER THAN THOSE EXPRESSLY STATED HEREIN. SELLER MAKES NO WARRANTY AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT THE USE OF GOODS (AS DEFINED HEREIN) OR SERVICES (AS DEFINED HEREIN) IN CONNECTION WITH THE GROWTH, PRODUCTION, SALE, AND/OR CONSUMPTION OF FOOD AND OTHER SIMILAR ITEMS.
All of Seller’s representations and warranties set forth in this Agreement relating to Covered Equipment will expire and be of no further force or effect on the date that is twelve (12) months following substantial completion of the delivery or performance of such Covered Equipment (the “Warranty Termination Date”), and Buyer shall have no right or remedy with respect to any actual or alleged defect in any Covered Equipment or breach of any representation or warranty relating thereto unless Buyer provides Seller with written notice thereof, with reasonable detail and specificity, prior to the applicable Warranty Termination Date. Covered Equipment includes equipment specific offerings of the Company, including Flex Farm, Flex Acre, Flex Micro, Flex Connect and Acre Connect.
ANY MISUSE OF OR MODIFICATION(S) MADE TO THE COVERED EQUIPMENT, WHETHER SUCH MODIFICATION(S) OCCUR(RED) DURING OR AFTER THE WARRANTY PERIOD, OR OTHERWISE FAILING TO OPERATE THE COVERED EQUIPMENT ACCORDING TO THE COMPANY’S PUBLISHED INSTRUCTIONS, SHALL IMMEDIATELY VOID ALL WARRANTIES, EXPRESS OR IMPLIED, AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE SAME. During the Warranty Period, the Company may, in its sole discretion, repair or replace any defective piece or component of the Covered Equipment, with parts of like kind and quality. This warranty applies only to original purchasers for value that acquire the Covered Equipment directly from the Company, its subsidiaries, or its authorized resellers.
For purposes of this Limited Warranty, the following non-exhaustive list of activities constitute misuse or noncompliance with the Company’s published instructions and will void the warranty on the Covered Equipment: Allowing water to fall below the top of the pump, submerging or otherwise permitting water to come into direct contact with the light systems; misinstallation or modification of any parts supplied with the equipment, failure to operate in a controlled environment, and using materials or solutions not supplied by the Company (i.e. pH solutions, nutrients, rockwool alternatives, etc.). Due to minor variations in the manufacturing process, minor differences in material or color may be present in the Covered Equipment or may develop over time due to exposure and use. These variations are normal and do not affect the performance of the product.
TO THE EXTENT ALLOWED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, AND INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND TO THE EXTENT LEGALLY REQUIRED, ARE LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES FOR THE LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PURCHASER ACKNOWLEDGES THAT ALTHOUGH THE COMPANY HAS USED COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE WATER IN THE COVERED EQUIPMENT REMAINS CONTAINED, THERE IS INHERENT RISK IN HYDROPONIC FARMING OF WATER LOSS. THE COMPANY SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE CAUSED BY OR RELATED TO THE COVERED EQUIPMENT. NOTWITHSTANDING THE FOREGOING, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE COVERED EQUIPMENT.