TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of products (“products”) by AWWGARDEN to customer (“you” or “Customer”). AWWGARDEN’s offer to sell products to Customer, and AWWGARDEN’s acknowledgment of any purchase order or other Customer document (“Order”) is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and AWWGARDEN in a separate written contract, AWWGARDEN objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.

Limitation of Liability

In no event shall AWWGARDEN or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through AWWGARDEN, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer's warranty, or to seek a return and refund for such product in accordance with AWWGARDEN's return policy.

Force Majeure

AWWGARDEN shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of AWWGARDEN in the conduct of its business.

Prices; Typographical Errors

Prices are subject to change without notice. AWWGARDEN is not responsible for typographical errors. In the event a product is listed at an incorrect or outdated price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or due to the passage of time or change in market conditions, AWWGARDEN shall have the right to refuse or cancel any orders placed for product listed at the incorrect or outdated price. AWWGARDEN shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AWWGARDEN shall promptly issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AWWGARDEN reserves the right at any time after receipt of your order and prior to shipment, without prior notice to you, to supply less than the quantity you ordered and/or change the estimated delivery date and/or decline or cancel your order.

Warranty Limitations

The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. You acknowledge and agree that AWWGARDEN is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. AWWGARDEN makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers' warranties for exported products may vary or may be null and void for products exported or transported outside the United States.

Title/Risk of Loss

Title to products and risk of loss passes from AWWGARDEN to you upon delivery to the carrier.

Special Order Items

Once you place an order for custom-cut, customer built or special order items (such as matting, slings, cranes, prefab offices, buildings, mezzanines, assembled lockers and regularly stocked items such as generators, pressure washers, water and trash pumps, snow throwers, radio headsets, striping paint, line stripers, floor care machines, vacuums, custom fabric chairs, forklifts) your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.

Credit

All orders must be approved by AWWGARDEN's Credit Department. Placement or acceptance of an order does not constitute the opening of an account on credit terms. Accounts placed on credit hold will not be authorized to receive product until their account is current and in good standing. AWWGARDEN reserves the right to require payment for any shipment hereunder in advance or, in the alternative, satisfactory security for such order if the financial performance or credit worthiness of Customer is unsatisfactory to AWWGARDEN. Such security includes, but is not limited to, execution by Customer of a Corporate Guaranty. If Customer fails to make payment in accordance with these terms and conditions of sale or otherwise fails to comply with any provision hereof, AWWGARDEN may, at its option (and in addition to any other remedies available to AWWGARDEN at law or in equity), cancel any unshipped portion of Customer’s order. Notwithstanding the above, Customer shall remain liable for all of its unpaid accounts. Customer shall not transfer or assign the account(s) relationship(s) created by the extension of credit by AWWGARDEN to any third party without AWWGARDEN’s prior written consent.

Important Country of Origin Information

For certain items sold by AWWGARDEN, the foreign country of origin information can change and what is displayed on AWWGARDEN.com or in the catalog may not be accurate or consistent with manufacturer information at the time of order or shipment. For updated, accurate foreign country of origin data, it is recommended that you rely on product packaging or manufacturer information. With regard to product kits, country of origin may be undetermined as such kits contain multiple parts.

Export Sales

You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes North Korea, Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List.

Amendments

These terms and conditions of sale may be amended at any time by AWWGARDEN.

User Generated Content Policy

From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, "User Contributions"). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by AWWGARDEN in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of AWWGARDEN, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.

You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and AWWGARDEN's use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

For any User Contribution that you submit, you grant AWWGARDEN and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at AWWGARDEN's sole discretion. AWWGARDEN sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. AWWGARDEN is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts.

TERMS AND CONDITIONS OF USE

Materials appearing on AWWGARDEN.com (the "Site") are copyrighted by AWWGARDEN unless otherwise noted, and may not be used without the written permission of the copyright owner.

The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of AWWGARDEN.

Trademarks appearing at the Site may be owned and/or registered by parties other than AWWGARDEN, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of AWWGARDEN or other parties.

AWWGARDEN will enforce its intellectual property rights to the full extent of the law.

AWWGARDEN uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. AWWGARDEN will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. AWWGARDEN will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. AWWGARDEN is not responsible for the contents of any off-site pages or any other sites linked to the Site.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

All communications received by AWWGARDEN via electronic mail or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by AWWGARDEN. Such communications may be edited for length and clarity.

Certain links on the Site will allow you to leave the Site. These linked sites are not produced by AWWGARDEN and AWWGARDEN is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by AWWGARDEN as a service to its customers, and the links do not necessarily imply endorsement by AWWGARDEN.

The videos provided on the Site, as well as all content in the Resource Center are for informational, educational and promotional purposes only (the "Informational Content"). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and AWWGARDEN assume no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regard to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will AWWGARDEN be liable for any loss or damage caused by your reliance on any Informational Content.

These terms and conditions of use may be amended at any time by AWWGARDEN.