Raised Garden Bed Limited Lifetime Warranty

Applicability

For all Birdies raised garden beds purchased directly from Birdies Garden Products USA Inc. (â€œBirdiesâ€) (and not through a distributor or retailer), your new raised garden bed is covered by a Limited Lifetime Warranty. This Limited Lifetime Warranty covers all manufacturing defects that cause structural failure.

Products Covered

This Limited Lifetime Warranty ("Limited Lifetime Warranty") extends to raised garden beds manufactured by Birdies Garden Products International and sold by Birdies Garden Products USA Inc.

Raised garden beds are designed to be assembled and used per the included instructions, placed on level, stable ground appropriate for the raised garden bed's size and soil load.

Who This Limited Lifetime Warranty Extends To

This Limited Lifetime Warranty extends to the original purchaser of Birdies raised garden beds, who is located in the United States. This warranty is valid only for the period of time the raised garden bed is owned by the original purchaser. The "Original Purchaser" or "you" is the first purchaser of the raised garden bed from Birdies Garden Products or an authorized retailer. Please retain a copy of your receipt as proof of purchase. This warranty is not transferable.

Birdies' Limited Lifetime Warranty and Responsibilities

Birdies warrants the raised garden bed against structural defects in material and workmanship set forth below ("Defects") for the full period of the Original Purchaser's ownership and use, from the Original Purchase Date, when the raised garden bed is assembled according to the assembly instructions and used normally for its intended purpose.

Years 1-5: Non-Prorated Coverage

For the first 5 years from the Original Purchase Date, the raised garden bed is warranted against non-excluded Defects in workmanship or materials. During this time, Birdies will repair or replace any defective raised garden bed or component thereof at no cost to the Original Purchaser.

Years 6-End of Ownership: Prorated Coverage

From year 6 through the remainder of the Original Purchaser's ownership, Birdies will, at its discretion, repair or replace components (where possible) of the raised garden bed, or otherwise replace the raised garden bed at a prorated charge as follows:

Coverage Period	Charge to Purchaser	Remedy
Years 1-5	Non-prorated - no charge	Repair or replace at no cost
Years 6-10	50% of current retail price	Prorated replacement
Years 11-15	60% of current retail price	Prorated replacement
Year 16+	75% of current retail price	Prorated replacement

Any replacement will be of the same model and size as the original raised garden bed. If a model is discontinued, a raised garden bed of comparable build and design, at Birdieâ€™s discretion, will be used as a replacement. Replaced or repaired raised garden beds are subject to this same Limited Lifetime Warranty, with the warranty term continuing to run from the Original Purchase Date.

What This Limited Lifetime Warranty Covers

This Limited Lifetime Warranty applies to manufacturing defects that cause structural failure of a panel, corner piece or the raised garden bed under normal residential use and normal soil/plant loads rendering it unfit for intended use (â€œDefectâ€).

What This Limited Lifetime Warranty Does Not Cover

Preference-based returns
Normal surface rust, weathering, or cosmetic patina that does not affect structural integrity.
Normal wear and tear
Physical damage or failure from impact, improper assembly and filling according to assembly instructions, modification, or use of the raised garden bed outside its intended purpose.
Damage caused by extreme or corrosive soil amendments, fertilizers, chemicals, or coastal/marine salt air exposure.
Damage caused by failing to fill the raised garden bed with organic based soil from landscape suppliers.
Damage caused by soil with a pH outside of a range of 5.5-7.5 or excessive salt content.
Damage from placement on an unstable, unlevel, or unsupportive surface.
Any raised garden bed sold by resellers who are not authorized retailers.
Raised garden beds sold "as-is," "open box," "reconditioned," "used," "returned," or with similar language indicating the raised garden bed is not new or has been previously owned or used by another consumer.

In the event of a Defect, Birdiesâ€™ sole and exclusive liability, and the Original Purchaser's sole remedy under this Limited Lifetime Warranty, will be - at Birdiesâ€™ option - to repair or replace the defective raised garden bed or component, subject to fulfillment of "Purchaser Responsibilities" below.

Purchaser Responsibilities

To make a claim under this Limited Lifetime Warranty, the Original Purchaser must submit photographic evidence of the Defect and proof of original purchase date to Birdies customer support. If Birdies, in its sole discretion, determines the claim is valid:

Within the non-prorated period, Birdies will ship a replacement raised garden bed or component at no cost.
After the non-prorated period, Birdies will either repair or replace components (where possible) of the raised garden bed or replace the raised garden bed at the applicable prorated charge described above.

Birdies may at its discretion require a soil test to verify soil composition prior to accepting a claim as valid.

Birdies will make reasonable efforts to process claims promptly; timing may vary by case.

Disclaimer; Limitation on Liability

THIS LIMITED LIFETIME WARRANTY IS BIRDIES'S EXCLUSIVE WRITTEN WARRANTY FOR THE BED AND IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES - INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE - ARE LIMITED IN DURATION TO THE WARRANTY PERIOD APPLICABLE TO YOUR BED AS SET FORTH HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIRDIES OR ITS BIRDIES GARDEN PRODUCTS INTERNATIONAL BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE RAISED GARDEN BED OR ITS USE, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY, OR OTHERWISE. BIRDIES'S TOTAL LIABILITY UNDER THIS LIMITED LIFETIME WARRANTY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE RAISED GARDEN BED GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS LIMITED LIFETIME WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Dispute Resolution

Birdies is committed to resolving warranty disputes fairly and efficiently. If you have a dispute arising out of this Limited Lifetime Warranty, please contact us first at infousa@birdiesgardenproducts.com so we have an opportunity to resolve your concern informally. Birdies will use reasonable efforts to respond within 30 days of receiving your written description of the dispute.

If your dispute is not resolved within 60 days of your initial written contact, you may pursue any legal remedy available to you, including but not limited to pursuing your rights under the Magnuson-Moss Warranty Act (15 U.S.C. Â§ 2301 et seq.). Nothing in this Limited Lifetime Warranty limits your right to bring a warranty claim in a court of competent jurisdiction or to pursue any rights available to you under applicable federal or state law.

Additional Rights for California Residents

If you purchased your raised garden bed in California, you have additional rights under the California Song-Beverly Consumer Warranty Act (California Civil Code Â§Â§ 1790-1795.8) and other applicable California law. The following applies to California purchasers:

Implied warranties on the raised garden bed are not waived or disclaimed. To the extent required by California law, implied warranties - including the implied warranty of merchantability - apply to your raised garden bed for the duration of this Limited Lifetime Warranty.
If the raised garden bed cannot be repaired or replaced to conform to this Limited Lifetime Warranty after a reasonable number of repair or replacement attempts, you may be entitled to a full refund of the purchase price, less a reasonable allowance for use, under California law.
Nothing in this Limited Lifetime Warranty is intended to limit, modify, or waive any rights you have under the California Song-Beverly Consumer Warranty Act or any other applicable California statute.

Governing Law

This Limited Lifetime Warranty will be governed by the laws of the State of Delaware, without regard to conflict of laws principles.