1. LIMITED WARRANTY & REMEDIES

1.1 LIMITED WARRANTY. For a period of one year from the date of purchase, Seller warrants the Garden To Gro (the "Garden") against defects in materials or workmanship, which occur during normal use. During the warranty period, Seller will replace or repair any defective materials sold under this Agreement. This warranty excludes all cosmetic damage and other damage caused by accident, misuse, abuse or other causes not arising out of defects in materials or workmanship. Seller warrants all wooden components against structural failure. Peeling, splintering, minor cracking caused by weather, surface cracks, knot holes and knots are natural characteristics of all wooden gardens. Such imperfections that do not affect structural integrity are not covered under this warranty. This warranty is extended only to the original purchaser.

1.2 NO OTHER WARRANTIES. Except as set forth above, Purchaser accepts the Garden WITHOUT RECOURSE AND WITHOUT ANY FURTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Seller DOES NOT warrant that Garden installed by Seller complies with the Americans with Disabilities Act, with fire code regulations, or with any other local, state or federal statute, rule or regulation. Purchaser is responsible for, and shall be solely liable for, determining whether the Garden, as installed, complies with these statutes, rules and regulations.

1.3 DAMAGES FOR BREACH BY SELLER. If Seller is found liable for breach of this Agreement, the maximum damages for which Seller may be liable is the amount of money paid by Purchaser. Seller will not be liable for incidental or consequential damages, expenses, lost profits, lost savings or other damages arising out of the sale of the Garden sold to Purchaser under this agreement.

2. NON-REFUNDABLE PURCHASE. All purchase orders are final. Each garden is made to order. Consequently, Gardens To Gro does not accept merchandise returns.

3. LEAKS / DRAINAGE / RUNOFF. The garden irrigation system is intended to operate with water pressure between 20 and 80 psi. If the water pressure is greater than 80 psi, the irrigation components may leak. Seller is not responsible for damage caused by leaks in the irrigation system. Nor is Seller responsible for drainage or runoff from the Garden. The Garden is designed to be installed on dirt, gravel or sand. If Purchaser chooses to have the garden installed on asphalt or concrete or some other surface, Seller is not responsible for cracking, staining, or other damage to that surface.

4. JURISDICTION/GOVERNING LAW. In the event of a dispute relating to or arising out of the Garden, the laws of the state of California shall apply and jurisdiction shall be in San Diego County, California