Version Date: 01/01/2015
ChilLED Grow Lights, owned and operated by ChilLED Tech, LLC (“ChilLED Tech”), is dedicated to bringing you, our customer, the latest technology in LED grow lighting and accessories (the “ChilLED Tech Product”). Use of ChilLED Tech Products for any unlawful purpose is strictly prohibited.
The ChilLED Tech Products are individually configured for each of our customers. Therefore, the ChilLED Tech Products are not subject to return or refund, except pursuant to the Policy Regarding Damaged Items, or pursuant to the terms of our Limited Product Warranty, as set forth below.
Note that individual LED components purchased separately and prototype product versions, discussed below in the Component and Prototype Purchases section, are not subject to the Limited Product Warranty set forth below.
Orders shall not be deemed accepted by ChilLED Tech until a customer has received an order confirmation. ChilLED Tech reserves the right to refuse any order or cancel any order, even after acceptance of such order, for any reason in ChilLED Tech’s sole discretion.
Payment Policies for Purchases from ChilLED Tech
When you place your order using a credit card or PayPal, the purchase amount is charged to your credit card or deducted from your PayPal-associated account immediately. Prior to shipment of the ChilLED Tech Products, you will be required to pay the stated price for the ChilLED Tech Products, including all applicable sales tax, duties, shipping and insurance costs.
The ChilLED Tech Products will be shipped Free Carrier (FCA) (incoterms 2010) from ChilLED Tech’s facilities. Shipping and insurance costs to be borne by customer. Title will pass to the customer upon shipment.
Policy Regarding Damaged Items
When you receive the package containing your product, please inspect your parcel carefully. If you receive a damaged product, notify the delivery company immediately. Do not discard any of the box, shipping label, packing material, or broken items. The delivery company must pick up the damaged goods and provide you with a claim number. You may provide us the claim number so we can follow up on the claim status – this may take up to several weeks. We are unable to send out replacement items until the claim is approved, or a payment is made for the 2nd shipment. If the delivery company accepts responsibility for the claim, we will promptly issue a refund to your credit card or other payment system once ChilLED Tech receives reimbursement from the delivery company.
Policy Regarding Backorders and Delivery Delays
Backorders will be shipped when the affected product becomes available.
Some products in the ChilLED Tech store may not be in stock and may have to be provided from our factory. Therefore, the shipping method you have chosen during the order process only pertains to products leaving our location in Washington state to your desired destination. Delivery from our manufacturer to our Washington state location is sometimes unpredictable. Additionally, since the products are very customizable, there may be significant delays depending upon the amount and types of customizations selected. If we become aware that shipment of the product you ordered is being delayed for any reason, we will attempt to contact you; otherwise the product will ship promptly after we receive it.
Orders placed from outside of the United States may experience longer delays in the fulfillment of such orders due to customs procedures and clearance, which are the sole responsibility of the customer. Additionally, such customers shall be responsible to pay to the relevant taxing authority all applicable excise, property, value-added tax (VAT), sales and use, or similar taxes, any withholding requirement in addition to or in lieu thereof, and any customs, import, export or other duties, levies, tariffs, taxes, or other similar charges that are imposed by any jurisdiction outside the United States of America.
Dispute Resolution Policy
ChilLED Tech agrees to use reasonable efforts and reasonable methods to resolve any disputes or discrepancies that arise regarding you and ChilLED Tech. As part of the dispute resolution process, you also acknowledge and agree that you as the authorized user or the Cardholder will not initiate any chargeback or claim procedure with our merchant bank or your creditor without first contacting ChilLED Tech and providing us with the opportunity to resolve the claim or dispute, even if we are ultimately unable to provide a resolution.
Component and Prototype Purchases
Individual LED grow lighting components purchased separately (“LED Components”) and prototype lighting developed by ChilLED Tech (“Prototypes”) are sold “as is” without any warranty whatsoever. ChilLED Tech does not warrant that the LED Components or Prototypes will be suitable for your specific intended use of such items. Use of the LED Components and Prototypes is at the purchaser’s sole risk. ChilLED Tech shall not be liable for any injury or damage resulting from your use or misuse of the LED Components or Prototypes. All sales of LED Components and Prototypes are final and not subject to refund. If LED Components or Prototypes arrive damaged, then see the Policy Regarding Damaged Items section above. Additionally, any informational videos that you may watch on our website are intended to provide assistance in the use of LED Components, but such videos are not comprehensive and you are advised to engage and work with someone knowledgeable in the installation, maintenance and use of the LED Components.
LIMITED PRODUCT WARRANTY
Your ChilLED Tech Products, excluding LED Components and Prototypes, are covered by a limited product warranty (Limited Warranty) for the 3-year period following the original date of purchase (Warranty Period). If a substantial defect in material or workmanship arises with your ChilLED Tech Product, and a valid warranty claim is received by ChilLED Tech within the Warranty Period, you will be entitled to one of the remedies provided in the Sole and Exclusive Remedy section below.
This Limited Warranty is non-transferable and covers only the original end purchaser of the applicable ChilLED Tech Product. Proof of purchase in the form of the original purchase receipt or packaging slip is required for warranty validation and service. Warranty claims must be made directly to ChilLED Tech. Please note that ChilLED Tech cannot be held liable, in any manner, for damages to your personal property resulting from any misuse or improper care and maintenance of the ChilLED Tech Product.
Exclusions and Limitations
This Limited Warranty does not cover any ChilLED Tech Product purchased through non-authorized dealers and/or online auction websites. Non-authorized dealer receipts and/or online sales auction confirmations are NOT accepted for warranty verification.
This Limited Warranty applies only to the ChilLED Tech Product. The Limited Warranty does not extend to or otherwise apply to any non-ChilLED Tech Product, even if packaged or sold with the ChilLED Tech Product. This Limited Warranty applies only to the normal use of the covered ChilLED Tech Product, normal wear and tear excepted, in accordance with the written use instructions provided with the ChilLED Tech Product. This Limited Warranty does not apply to damage to the ChilLED Tech Product caused by accident, abuse, misuse, use for any purpose other than its intended purpose, acts of god, or any alteration or modification of the ChilLED Tech Product, or if the ChilLED Tech Product has been otherwise tampered with.
Sole and Exclusive Remedy
Your sole and exclusive remedy for any breach by ChilLED Tech of this Limited Warranty, and ChilLED Tech’s sole and entire liability for such breach, is, at ChilLED Tech’s option, to repair or replace the defective ChilLED Tech Product or, if repair or replacement is not possible, refund the purchase price of the defective ChilLED Tech Product. Repair or replacement of the applicable ChilLED Tech Product (including parts and labor as well as re-shipping costs) shall be made at ChilLED Tech’s expense. ChilLED Tech reserves the right to send you a replacement ChilLED Tech Product that is the same or of a similar style to the ChilLED Tech Product you returned under the Limited Warranty or a substitute equivalent to your original ChilLED Tech Product that may not be of like kind (depending on availability), and may be a refurbished component in like-new condition. Replacement ChilLED Tech Products will be furnished only on an exchange basis. Replacement or repaired ChilLED Tech Products are warranted as above only for the remainder of the original applicable Warranty Period.
Obtaining Warranty Service
If you wish to make a claim under this Limited Warranty with respect to a ChilLED Tech Product, please log on to https://chilledgrowlights.com, complete the form and provide the following information in the ‘Message’ field:
- Product SKU
- Purchase date
- Brief description of problem
All of the above information is required before a warranty claim will be accepted. Once Company validates your claim, we will issue you a Return Merchandise Authorization (RMA) number and shipping information from firstname.lastname@example.org. In no event will ChilLED Tech accept any shipment that is sent C.O.D.
Please note that ChilLED Tech cannot accept returned ChilLED Tech Products in packages without an RMA number. Your RMA number must be clearly marked on the outside of the package containing your returned ChilLED Tech Product.
RETURNING A CHILLED TECH PRODUCT WITHOUT AN RMA NUMBER WAIVES ALL OF CHILLED TECH’S RESPONSIBILITIES UNDER THE LIMITED WARRANTY, EVEN IF PROOF OF DELIVERY IS AVAILABLE, DUE TO OUR INABILITY TO MATCH YOUR PURCHASE WITH THE RETURNED CHILLED TECH PRODUCT – SO, IF YOU SEND US A PACKAGE WITHOUT THE RMA NUMBER CLEARLY MARKED ON THE OUTSIDE OF THE PACKAGE, YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL REFUSE DELIVERY AND IT WILL BE RETURNED TO YOU AT YOUR COST.
You must use an insured carrier service with a tracking number with shipping charges pre-paid. You must comply with all insurance requirements (including proper packaging) and we shall not be responsible for any damage occurring return shipment. Please provide us with return information when available.
EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS LIMITED PRODUCT WARRANTY SECTION, EACH CHILLED TECH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND CHILLED TECH MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHILLED TECH SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD OF THE LIMITED WARRANTY AS SET FORTH ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE WARRANTY PERIOD SET FORTH IN THE LIMITED WARRANTY, THEN THE WARRANTY PERIOD FOR CHILLED TECH PRODUCTS SUBJECT TO SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
OUR PRODUCTS MUST BE USED ONLY IN CONFORMANCE WITH THE OPERATING INSTRUCTIONS. OUR PRODUCTS OPERATE WITH HIGH VOLTAGE AND IMPROPER USE CAN RESULT IN INJURY OR DEATH. CHILLED TECH IS NOT RESPONSIBLE FOR ANY DAMAGE OR INJURY THAT OCCURS DUE TO IMPROPER USE OF THE OUR PRODUCTS.
IN NO EVENT, UNDER ANY CAUSE OF ACTION OF THEORY OF LIABILITY, SHALL CHILLED TECH, ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH OUR PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH OUR PRODUCT, EVEN IF CHILLED TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF CHILLED TECH AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT GIVING RISE TO LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
This Warranty Policy constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications, whether oral or written, between the parties relating to the subject matter hereof, and all past courses of dealing or industry custom. The terms and conditions hereof shall prevail exclusively over any written instrument submitted by customer, including purchase order, and customer hereby disclaims any terms therein, except for terms therein relating to product description, quantity thereof, pricing therefore, shipment and delivery. This Warranty Policy may be amended only by a writing signed each of the parties.
Except to the extent applicable law, if any, provides otherwise, this Warranty Policy shall be governed by the laws of the State of Washington, U.S.A., excluding its conflict of law provisions. Any legal action of whatever nature by or against ChilLED arising out of or related in any respect to this Warranty Policy shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Snohomish County, Washington. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
If any provision in this Warranty Policy should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Warranty Policy if no such modification is possible, and other provisions of this Warranty Policy shall remain in full force and effect. A waiver by either party of any term or condition of this Warranty Policy or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
The provisions of this Warranty Policy which require or contemplate performance after the expiration or termination of this Warranty Policy shall be enforceable notwithstanding said expiration or termination.
Customer may not assign or otherwise transfer by operation of law or otherwise this Warranty Policy or any rights or obligations herein without the prior express written consent of ChilLED Tech, which will not be unreasonably withheld. This Warranty Policy shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
The relationship between ChilLED Tech and customer is that of independent contractors and neither customer nor its agents shall have any authority to bind ChilLED Tech in any way. The headings of the sections of this Warranty Policy are used for convenience only and shall have no substantive meaning.
ChilLED Tech may use customer’s name in any customer reference list or in any press release issued by ChilLED Tech regarding the ChilLED Tech Products and/or provide customer’s name and the names of the ChilLED Tech Products purchased by customer to third parties.