tinker.garden Terms and Conditions of Sale

The products that tinker.garden manufactures are for the sole purpose of decoration and use for indoor gardening, and are not suited for any other purpose. The products are not suited or to be used by children. The products must not come into contact with hot surfaces, electricity, lighting, liquids other than water, foods. Our products must not be used in or in relation to tobacco products or for purposes related to the tobacco industry, must not be used in or in relation to humans for medical, therapeutic or related purposes, and must not be used for any purpose on which human life is dependent

 

1. General

These Terms and Conditions of Sale and any attachments govern the sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorised representative of each party, as part of or modification to the quotation.

 

2. Delivery

tinker.garden will see to it that reasonable means will be exhausted to ship products within 10 business days, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Deliveries are F.O.B. tinker.garden warehouse and the prices do not include customs duties, GST, freight or insurance. If the buyer chooses to contract their own freight carrier, title and risk of loss shall pass to the buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, tinker.garden will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. If the products are shipped freight prepaid, the buyer shall pay tinker.garden the appropriate freight and insurance charges, which will be shown as separate items on the invoice. Allow 15 business days from purchase date and/or check clearance to ship out the product. Delivery of the product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases additional time may be needed for holidays and weekends. tinker.garden will make every attempt to keep the buyer informed prior to making a purchase if additional time is needed.

 

3. Damage and short shipment

In the event products are received damaged, keep all packaging material and contact both the carrier and tinker.garden in writing within three business days. In the event packaging is damaged, the buyer must indicate in writing on the driver’s release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED”. This will give the buyer time to unwrap or unbox the product for inspection. 
The buyer should also take additional precautions by taking photos of the noticeable damage prior to examining the product. Signing the driver’s form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine. tinker.garden in this case cannot help the buyer to file a claim to recover the loss of the product. If the product without doubt is visibly damaged, refuse to accept the package on the grounds that it is damaged. Please call tinker.garden immediately to file a claim.

 

4. Prices, taxes and payments

All prices are per unit (except where indicated) and are in Australian dollars (AUD), F.O.B. tinker.garden Australia. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of tinker.garden to collect in relation with the sale or delivery of products described on any attachment shall be paid by the buyer and will appear as separate items on the invoice. All orders are pre-paid, F.O.B. tinker.garden.

 

5. Returns and refunds

See our Returns and Refunds Policy.

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6. Limitation of warranty

tinker.garden products carry a 3-month warranty for defects due to faulty material and bad workmanship. tinker.garden will repair or replace faulty goods and is not responsible for any consequential loss incurred due to faulty goods. Warranty does not cover normal wear, misuse or consumable items. The obligation of tinker.garden under this warranty are limited to replacing parts or repairing at its option and at its warehouse, of said products which shall, within three months after delivery to the customer, be returned to the Seller’s warehouse of origin, transportation charges prepaid and which are, after examination determined to be defective. tinker.garden does not do onsite repair work, but at its option will instruct and support the buyer on any repairs that may be needed.

This Warranty shall not apply to any of such products which have been repaired or altered, except by the Seller or its authorised centres or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller’s part. In addition, it will never assume or authorise any other person to assume for the seller any other liabilities in connection with the sale of said products. Buyer further represents and acknowledges that tinker.garden has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any product, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall tinker.garden  be liable for incidental or consequential damages (Including strict liability in tort). tinker.garden shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.

tinker.garden warrants that your product will be free from defects in materials or workmanship for three months from Purchase Date.

At its discretion, tinker.garden will repair or replace your Product, if it does not comply with this Warranty.

 

7. Safety precautions

It is the buyers responsibility to provide all the means that may be necessary to effectively protect themself, and all people around the product from serious bodily injury. If the buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, the buyer shall indemnify and save tinker.garden harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of the buyer to comply with any and all local codes. tinker.garden will not be deemed responsible for any consequences to the customer, such as allergic reactions or fails to satisfy the customers personal taste.

 

8. Descriptions of products and services

All weights given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice.
3D printing is an artisan process of product manufacturing. Each item is individually printed where small variations between items can not be avoided. Additionally we are committed to keep improving the products and hence product designs may vary over time. 

 

9. Assignment

This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.

 

10. Governing law

This agreement shall be construed in accordance with the laws of Australia and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from tinker.garden hereunder shall be subjected to the jurisdiction of the courts within Australia. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.

 

11. Merger clauses

The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of tinker.garden  in a document making specific reference to this transaction or after a transaction has been made.

 

12. Limitation of Liability

tinker.garden will not be liable for any loss of profits, loss of income, loss of contracts, loss of data, damage, compensation for moral harm, costs, losses, lost turnover, or liabilities of any nature which may arise from the use of the website, it’s contents or manufactured products. Whether foreseen or unforeseen. tinker.garden liability shall be limited to the total amount paid by the customer for their order.

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13. Intellectual Property

The images, drawings, designs, texts, names and logos appearing on the tinker.harden website are the property of their authors and are thus protected by intellectual property rights and usage rights held by tinker.garden.

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14. Applicable Law

These terms and conditions shall be governed by Australia law. Any disputes arising from the terms and conditions regarding the use of tinker.garden website or services shall be brought to a court of Australia.

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