Warranty

ECO GARDEN HOUSE - Limited 1 Year Warranty
TPG warrants to you that for a period of one (1) year from the date of purchase of the
Unit as evidenced by a dated, non-faded, legible original purchase receipt (“Warranty
Period”), that under normal use and service, such Unit will materially conform to the
specifications set forth in this Assembly Guide and will be free from material defects in
material and workmanship. Without limiting the foregoing, Unit defects or damage
caused or arising in whole or in part by or from (i) improper, incorrect, or inappropriate
handling, assembly, storage, maintenance, or use, (ii) neglect, (iii) commercial use, or
use other than for household purposes, and (iv) alteration, including without limitation
painting or coating are excluded from this limited warranty. EXCEPT FOR THE LIMITED
WARRANTY SET FORTH IN THIS PARAGRAPH, TPG MAKES NO WARRANTY
WHATSOEVER WITH RESPECT TO THE UNIT, INCLUDING ANY WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE; OR WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE OR OTHERWISE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT
BE DISCLAIMED, YOU AGREE THAT SUCH WARRANTIES SHALL BE LIMITED IN
DURATION TO THE WARRANTY PERIOD. Products manufactured by a third party (“Third
Party Product”) may constitute, contain, be contained in, incorporated into, attached to
or packaged together with, the Unit. Third Party Products are not covered by the TPG
limited warranty. For the avoidance of doubt, TPG MAKES NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY
WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; WARRANTY OF TITLE; OR WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE OR OTHERWISE. TPG shall not be liable for a breach of warranty unless: (i) you
give written notice of the defect, reasonably described, to TPG within ten (10) days of the
time when you discover or ought to have discovered the defect; (ii) TPG is given a
reasonable opportunity after receiving the notice to examine such Unit and you (if
requested to do so by TPG) return such Unit to TPG at your cost for the examination to
take place there; and (iii) TPG reasonably verifies your claim that the Unit is defective.
With respect to any such Unit during the Warranty Period, TPG shall, in its sole
discretion, either: (i) repair or replace such Unit (or the defective part) or (ii) credit or
refund the price of such Unit at the pro rata rate reflecting applicable depreciation and
use provided that, if TPG so requests, you shall, at your expense, return such Unit to
TPG. IN NO EVENT SHALL TPG BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR
REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY
BREACH OF THE TERMS OF THIS ASSEMBLY GUIDE, WHETHER OR NOT THE
POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR
COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL
OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM
IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TPG’S AGGREGATE
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING
OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TPG