HydroGarden Elite Warranty Terms & Conditions

The information below is relevant only for the HydroGarden Elite, if you have purchased the HydroGarden Original please visit the HydroGarden Warranty page.

If your HydroGarden Elite is not functioning as expected, please first view our Troubleshooting Guide

WARRANTY DETAILS

The Full Spectrum Grow Light is guaranteed to be free from defects in workmanship and parts for a period of 12 months from the date of purchase. Defects that occur within this warranty period, under normal use and care, will be repaired, replaced or refunded at our discretion. The benefits conferred by this warranty are in addition to all rights and remedies in respect of the product that the consumer has under the Competition and Consumer Act 2010 and similar state and territory laws.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

PROOF OF PURCHASE – This warranty is valid for the original purchase and is not transferable. Please keep your purchase docket, tax invoice or receipt as proof of purchase, and proof of date on which the purchase was made.

NORMAL WEAR AND TEAR – This warranty does not cover normal wear and tear to the products or parts.

EXCLUSIONS – This warranty does not cover:

  • Any defects caused by an accident, misuse, abuse, improper installation or operations, lack of reasonable care, unauthorised modification, loss of parts, tampering or attempted repair by a person not authorised by the distributor.
  • Any product that has not been installed, operated or maintained in accordance to manufacturer’s operating instructions provided with this product.
  • Any product that has been used for purposes other than domestic use.
  • Any damage caused by improper power input or improper cable connection.

TO MAKE A CLAIM: Contact Mr Fothergill’s seeds via phone, letter or website contact form (details at the end). When making a return, please ensure the product is properly packaged so as to ensure that no damage occurs to the product in transit. Please provide the original or a copy of the proof of purchase. Please also make sure you have included an explanation of the problem as well as your contact details. If you have any questions, please feel free to contact our customer service representatives on 02 4571 6200 (Australia) or 0800 663 740 (New Zealand).

For full warranty terms and conditions please see below:

Warranties

1.1       Mr. Fothergill’s Seeds Pty Ltd warrants that the HydroGarden Elite when purchased by you will comply with any description for the product as set out above.

1.2       Unless expressly provided in this document or any other written document of Mr. Fothergill’s Seeds Pty Ltd, Mr. Fothergill’s Seeds Pty Ltd gives no representations or warranties for the HydroGarden Elite.

1.3       You warrant that in purchasing the HydroGarden Elite you have:

(a)         satisfied yourself as to the description and condition of the HydroGarden Elite and their fitness for the purpose for which you will use them; and

(b)        not relied on any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided of given by Mr. Fothergill’s Seeds Pty Ltd or anyone on Mr. Fothergill’s Seeds Pty Ltd’s behalf in respect of the HydroGarden Elite, other than those expressively contained in this document.

1.4       Where you buy the HydroGarden Elite as a consumer, this agreement is subject to the Australian Consumer Law which governs the rights of consumers and nothing in this document affects your statutory rights.

1.5       Mr. Fothergill’s Seeds Pty Ltd’s liability is limited to, to the extent permissible by law and at Mr. Fothergill’s Seeds Pty Ltd option;

1.5.1  in relation to the HydroGarden Elite:

  • the replacement of the products or the supply of equivalent products
  • the repair of the products
  • the payment of the cost of replacing the products or of acquiring equivalent products; or
  • the payment of the cost of having the products repaired

1.6       To the extent permitted at law, all other warranties whether implied or otherwise, not set out in this document are excluded and Mr. Fothergill’s Seeds Pty Ltd is not liable in contract, tort (including, without limitation, negligence, or breach of statutory duty) or otherwise to compensate you for:

1.6.1          any increased costs or expenses;

1.6.2          any loss of profit, revenue, business, contracts or anticipated savings;

1.6.3          any loss or expense resulting from a claim by a third party; or

1.6.4          any special, indirect or consequential loss or damage of any nature whatsoever caused by Mr. Fothergill’s Seeds Pty Ltd’s failure to complete or delay in delivering the HydroGarden Elite.

1.7       This warranty does not cover:

1.7.1          any defects caused by an accident, misuse, abuse, improper installation or operation, lack of reasonable care, unauthorised modification, loss of parts, tampering or attempted repair by a person not authorised by Mr. Fothergill’s Seeds Pty Ltd;

1.7.2          any HydroGarden Elite that has not been installed, operated or maintained in accordance to User Instructions provided with this product;

1.7.3          any HydroGarden Elite that has been used for purposes other than domestic use; or

1.7.4          any damage caused by improper power input or improper cable connection.

 

Defects and Returns

2.1       Subject to clause 2.2, you must inspect the HydroGarden Elite when you purchase the product and notify Mr. Fothergill’s Seeds Pty Ltd in writing within 12 months of purchaser of any alleged defect, damage or failure of the product. If no notice is given within 12 months of purchase, you will be deemed to have accepted the product. If a notice of defect or damage is given you must allow Mr. Fothergill’s Seeds Pty Ltd access to inspect the HydroGarden Elite and determine whether or not that notice is valid.

2.2       Mr Fothergill’s Seeds Pty Ltd will only accept the return of faulty and/or out of condition HydroGarden Elite, provided:

2.2.1          the HydroGarden Elite is not out of shelf life or is not in its original condition as a result of normal fair wear and tear;

2.2.2          the HydroGarden Elite is in its original packaging and the original invoice number has been quoted;

2.2.3      Such claims for return of faulty and/or out of conditions the HydroGarden Elite is made within 12 months of purchase.

2.3       Mr. Fothergill’s Seeds Pty Ltd will not be liable for any defects, damage or failure of the HydroGarden Elite which has not been stored or used in a proper manner.

2.3.1          This warranty is valid for the original purchaser and is not transferable. You must keep the original purchase docket, tax invoice or receipt as proof of purchase, and proof of date on which the purchase was made.

2.3.2          The HydroGarden Elite will not be accepted for return in any circumstances other than those specified in this clause 2 or required by law.

 

Indemnity

To the full extent permitted by law, you will indemnify Mr. Fothergill’s Seeds Pty Ltd and keep Mr. Fothergill’s Seeds Pty Ltd indemnified from and against any liability and any loss or damage Mr. Fothergill’s Seeds Pty Ltd may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these terms or the User Instructions by the you or your representatives.

 

To Make a Claim

Contact Mr Fothergill’s Seeds Pty Ltd via phone, letter or website contact form (details at the end).

When making a return, please ensure the product is properly packaged so as to ensure that no damage occurs to the product in transit. Please provide the original or a copy of the proof of purchase. Please also make sure you have included an explanation of the problem as well as your contact details.

If you have any questions please feel free to contact our customer service representatives on 02 4571 6200 (Australia) or 0800 663 740 (New Zealand).

Mr. Fothergill’s Seeds

Australia: PO Box 6065,

South Windsor, NSW 2756

www.mrfothergills.com.au

New Zealand: PO Box 6174,

Victoria St West, Auckland 1142

www.mrfothergills.co.nz