Nexus Corporation (“Nexus”) warrants that the Cultivator Premier™ greenhouse structure will be free from defects in material and workmanship for twelve (12) years from date of purchase of the greenhouse by the original purchaser of the greenhouse. The warranty for the paint on aluminum parts extends only for three (3) years from date of purchase of the greenhouse by the original purchaser of the greenhouse.
This warranty is expressly subject to the following terms and conditions:
1. Customer's sole remedy for any claims arising from defects in material or workmanship shall be limited to Nexus replacing the defective material at no cost to the purchaser. Materials furnished by Nexus, which Nexus does not manufacture, including, but not limited to, covering, fans, heaters, controllers and any other peripheral equipment purchased by the customer, carry only the guarantee made by the manufacturer of that peripheral equipment and are not covered by this warranty or any other warranty from Nexus. The customer must submit any claims for peripheral equipment directly to the manufacturer of that equipment.
2. EXCEPT AS SPECIFICALLY SET FORTH IN PARAGRAPH ONE ABOVE, NEXUS SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES TO PERSONS OR PROPERTY, WHETHER DIRECT, INCIDENTAL OR CONSEQUENTIAL, CAUSED BY OR RESULTING FROM THE USE OF DEFECTIVE OR NON CONFORMING MATERIALS OR WORKMANSHIP OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. NEXUS’ MAXIMUM TOTAL LIABILITY TO CUSTOMER IS EXPRESSLY LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE CULTIVATOR PREMIER. Some states do not allow the exclusion or limitation of incidental or consequential damages. Where such state limitation or exclusions on these warranties exist, those limitations and exclusions will apply.
3. The express warranty stated herein is the exclusive express warranty applicable to the Cultivator Premier. NEXUS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow disclaimers of implied warranties. In those states, the implied warranties expressed above shall be specifically limited in duration to the time period of the express warranty set forth herein. Some states do not allow limitations on how long an implied warranty lasts. Where such state limitations on the duration of implied warranties exist, the limitations on the duration stated in this warranty will not apply.
4. Customer specifically agrees that Nexus’ products, whether manufactured by Nexus or others, once delivered to the customer, are not in Nexus’ control and will be put to uses under circumstances wholly unknown to Nexus. Customer agrees to use the products in a reasonable manner, to inspect it regularly, and be vigilant for the safety of customer and others. Any damages deemed caused by misuse, neglect, improper installation, repair, alteration or accident are not the responsibility of Nexus.
5. Claims under this warranty must be made in writing to Nexus at the address set forth below within 7 days after discovery of the defect. Nexus shall have an additional 30 days to inspect the Cultivator Premier before any further action shall be taken. Any product returned to Nexus for consideration of coverage under the warranty is to be returned at customer's expense.
6. Abnormal conditions to which this warranty does not apply include, but are not limited to hail, exposure to salt water spray, corrosive or harmful chemicals (whether solids, liquids, or gases), airborne contaminants, or other abnormal conditions of a similar nature.
7. The Cultivator Premier is a non-load rated structure, thus is not certified to carry snow load or wind load. This warranty specifically excludes damages resulting from any load being placed on the structure. Further, Nexus makes no representations or warranties regarding zoning, permitting or other local governmental rules or regulations regarding installation of the Cultivator Premier.
8. This warranty shall not be applicable to damages or defects caused by acts of God, falling objects, external forces, explosions, fire, riots, civil commotions, acts of war, excessive radiations, or other such similar or dissimilar occurrence beyond Nexus’ control.
9. Defects or damages to the Cultivator Premier caused by handling, shipping, transit, processing or staging are not covered by this warranty. Customer specifically acknowledges and agrees that the installation of the Cultivator Premier is the responsibility of Customer. Any damages or defects resulting from defective installation of the Cultivator Premier are the responsibility of customer and is specifically not covered by this warranty.
10. Delivery Conditions: All shipments are shipped F.O.B. manufacturer’s shipping point. Nexus shall select the carrier for delivery. Nexus reserves the right to make delivery in installments. Customer is responsible for any collect shipping charges, resident delivery charges, re-delivery, phone before delivery charges and storage fees. Please furnish numbers for the freight company to contact you prior to delivery to minimize the chances of incurring any re-delivery or storage charges. The customer is responsible for unloading the shipment when it arrives. Freight regulations do not require the driver to unload heavy material; he is only required to move it to the tailgate of the truck. Someone must be on hand to unload, sign for the shipment and check it for quantity and damage.
11. Transportation Claims: Delivery to the initial carrier constitutes delivery to the customer. Nexus’s responsibility ceases upon delivery of merchandise to common carrier, and goods are shipped at the customer’s risk, since all merchandise is sold F.O.B. manufacturer’s shipping point. Customer is urged to examine all deliveries carefully before signing transportation receipts. If goods are visibly damages or short, customer should insist that the agent of the carrier note written confirmation of the damage or shortage on the delivery receipt or shipping ticket. If damage is discovered after unpacking, the carrier should be notified at once, so that inspection can be made and the claimed damage substantiated by the carrier no later than 10 days after delivery.