TKO Enterprises, Inc.

Goose Guardian Limited Warranty and Disclaimer

Effective Date of this Limited Warranty: December 14, 2011

Limited Warranty

TKO Enterprises, Inc. ("TKO") warrants that the Goose Guardian (also referred to as the "Product") will be free from defects in material and workmanship under normal use for a period of one year commencing from the date of receipt by the original purchaser ("you"), as indicated by our carrier's delivery records. This limited warranty extends only to the original purchaser of the Product. Your sole and exclusive remedy and the entire liability of TKO and its suppliers under this limited warranty will be, at TKO's option, shipment of a replacement Product or a repair of the returned Product within the warranty period and according to TKO's Return Material Authorization (RMA) process, if the Product is returned to TKO, freight and insurance prepaid. Once TKO verifies the defect, you will be credited the return shipping fees, and the replacement or repaired Product will be returned to you at no cost to you. If no defect is identified, then the Product will be returned to you COD. TKO replacement parts used in Product repair or replacement may be new or equivalent to new. TKO's obligations hereunder are conditioned upon the return of the Product in accordance with TKO's RMA process.

Product Performance

TKO warrants that the Goose Guardian has been tested, programmed and verified to operate effectively. The Goose Guardian utilizes an image sensor to detect the presence of geese in the field of view by analyzing captured images using a computer model. The nature of the computer model technology used to analyze the images does not allow 100% percent accuracy. Therefore, it is possible that the Goose Guardian will fail to detect geese in the field of view and conclude geese are present when they are not. TKO has made every effort to ensure the accuracy of the Goose Guardian and an incorrect response does not constitute a defective Product. Should you experience excessive incorrect response(s) that result in habituation, please notify TKO to investigate your specific deployment of the Product.

The Goose Guardian is trained for Canada geese however the response is indeterminate for any bird in the Anseriformes order (http://en.wikipedia.org/wiki/Anseriformes) such as ducks, swans, snow geese, loons and pelicans. The Product may also trigger for any combination of foreground and background elements, including people or portions of people, that when combined in a two-dimensional plane exhibit the characteristics of the Anseriformes order.

Exclusions

This Limited Warranty does not apply if the Product (or any part thereof): (i) has been subject to accident, negligence, alteration (including but not limited to scratches, defacement, labeling or any other indelible marking), mishandling, abuse, misuse or modification, (ii) serial numbers have been altered in any way or the factory seals have been broken or otherwise tampered with, or (iii) has not been properly installed, operated, repaired, or maintained.

Return Policy and Return Material Authorization (RMA) Process

To return a defective Product under the Limited Warranty, you must first obtain a Return Authorization Number by contacting our Customer Service Department by e-mail at info@gooseguardian.com and follow the instructions in the Packaging Requirements section below. (Please note that you must keep all packaging materials, including any printed materials, intact.) Any items shipped to TKO without a Return Authorization Number will not be accepted and you will be responsible for all shipping costs. Products must be returned with shipping prepaid. Products must be returned by the original purchaser, i.e., the person from whom TKO received payment.

TKO will accept returns of defective Products for replacement or repair only if you follow TKO's Limited Warranty return policy and include a detailed explanation of the defect.

Warranty Disclaimer

THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL. ANY AFFIRMATION OF FACT OR PROMISE MADE BY TKO SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE PRODUCT SHALL CONFORM TO THE AFFIRMATION OR PROMISE; ANY DESCRIPTION OF THE PRODUCT PROVIDED HERE OR ELSEWHERE IS FOR THE SOLE PURPOSE OF IDENTIFYING IT AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE PRODUCT SHALL CONFORM TO SUCH DESCRIPTION.

IF THE PRODUCT HAS BEEN PURCHASED FOR PURPOSES OTHER THAN CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, THEN THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. IF THE PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, THEN ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF THIS EXPRESS WARRANTY.

THIS DISCLAIMER SHALL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY PROVIDED IN THIS LIMITED WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Waiver and Limitation of Liability

You hereby acknowledge that the Limited Warranty provided herein and the obligations and liabilities of TKO are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by negligence by TKO. You acknowledge, by your use of the Product, that your use of the Product and any reliance upon it is at your sole risk, that you assume full responsibility for all costs associated with all deployment area maintenance and necessary servicing or repairs of any equipment you use in connection with the Product. TKO HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TKO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY, OR OTHER CAUSE(S) ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH THE PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR INJURY TO A PERSON IN THE CASE OF PRODUCT(S) PURCHASED FOR CONSUMER USE AS DEFINED BY 15 USC § 2301. Not by way of limitation, TKO shall not be liable for any losses to you based on down time, spoilage, lost production or lost profits. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. In no event shall TKO be liable for damages which exceed the monies paid by you to TKO for the Product less the value of the benefits received by you and the value of the Product. THIS SECTION SHALL BE GIVEN FULL EFFECT EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY PROVIDED IN THIS LIMITED WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME STATES MIGHT NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER USE, SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.

Modification

No amendment, alteration or modification of this Limited Warranty shall be valid unless in each instance such amendment, alteration or modification is expressed in a written instrument duly executed by both of us. The failure of TKO to enforce at any time any of the provisions of this Limited Warranty, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of TKO to enforce each such provision thereafter. The express waiver by TKO of any provision of this Limited Warranty will not constitute a waiver of any future obligation to comply with such provision.

Severability

If any provision in this Limited Warranty is held invalid or unenforceable by a body of competent jurisdiction, then (i) such provision will be limited or, if necessary, severed only as necessary to eliminate such invalidity or unenforceability, (ii) the parties will in good faith negotiate a valid, enforceable substitute provision that most nearly effects their original intent in entering into this Limited Warranty, and (iii) the other provisions of this Limited Warranty will remain in full force and effect.

Entire Agreement

This is the entire agreement between us regarding the Limited Warranty.

Contact Information

TKO Enterprises, Inc. is located in Longmont, Colorado, U.S.A.. Any questions, comments, suggestions or notices should be directed as follows:

  • By email: info@gooseguardian.com
  • By telephone: (303) 594-9989
  • By postal mail:
    TKO Enterprises, Inc.
    P.O. Box 840
    Longmont, Co 80502

Trademark Notice

TKO Enterprises™, the TKO logo, and Goose Guardian™ are trademarks of TKO Enterprises, Inc. All other marks referenced are the property of their respective owners.

Packaging Requirements

All Products must be properly packaged for return shipments.

Please follow these requirements carefully. Failure to do so will void the warranty on your Product.

  1. Prior to shipping, you must obtain a Return Material Authorization Number (RMA Number) by contacting us at info@gooseguardian.com . Any items shipped to TKO without an RMA Number will not be accepted and you will be responsible for all shipping costs.
  2. Carefully repack the product in the original shipping materials.
  3. Put all original documentation (packing slip and other printed materials) in the box.
  4. Print the RMA Number clearly on the outside of package. The RMA Number is valid for 10 business days only. We reserve the right to reject any items that do not have an RMA Number printed on the outside of the package.

If you do not have access to the original shipping materials, indicate this when Requesting and RMA Number. The Product and these instructions must be taken to a packaging/shipping supply store and be professional packaged. Include the packaging receipt in the shipping box in the event the package is damaged during shipment. TKO will NOT reimburse this expense under any conditions. Remember to insure your package.

Products that are out of warranty, do not match the invoice or were not purchased from TKO will not be accepted. It will be your responsibility to arrange return freight for those items.

It is your responsibility to properly package the Products. Failure to do so will void the warranty on your Product.