This warranty shall be considered as null and void and shall not apply in any of the following events:
If a customer of Netafim identifies a defect in a Netafim™ product and informs Netafim of that defect during the applicable warranty period, Netafim will repair, replace, or refund a part or the full cost of the product’s purchase price, at its sole discretion, either the product or the defective part.
To receive warranty benefits, customers should return the defective product or part to the nearest Netafim™ distributor.
Netafim's warranty does not cover transit damages or spare parts required for routine maintenance. Netafim cannot and does not assume liability for defective parts, or damage caused by products not manufactured or supplied by Netafim, even though such products may be used in conjunction with Netafim™ products and the customer assumes risk of use of such third-party products.
Netafim's obligation to repair, replace or refund the cost of its products as set forth above is the sole and exclusive warranty given by Netafim. Netafim disclaims any and all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose and/ or warranty of non-infringement. Netafim will not be liable to any party in strict liability, tort, contract, or any other manner for damages caused or claimed to be caused as a result of any design or defect in Netafim's products. In addition, Netafim shall not be liable, and a customer and/or any third party shall not be entitled to recover from Netafim, any, general, special, incidental, consequential, indirect, punitive, or exemplary damages of whatsoever nature and type (including, without derogating from the generality of the foregoing, losses or damages caused by shutdowns or service interruptions, loss of use, non-operation of the products or any equipment, loss of information, loss of power or cost of replacement power, loss of profits or revenue, loss of contracts, loss of capital inventory or use charges, cost of purchased or replacement power, interest charges or cost of capital or claims of customer's clients or any third party) even if Netafim is aware or should have been aware of the possibility of such damages. In no event shall Netafim's liability exceed the purchase price of the Netafim™ products.
This warranty extends only to the original dealer/installer of the Netafim™ product. The Netafim warranty duration commences upon the delivery date to such dealer/installer.
Netafim reserves the right to alter, modify or redesign its products, pricing and this warranty at all times without creating any liability for the obsolescence of customer inventory or such parts or products.
This warranty shall be subject to, and shall be exclusively governed by, the Laws of the State of Israel, to the exclusion of its conflict of law rules. Any dispute arising out of or in respect of this warranty shall be subject to the jurisdiction of the courts in the State of Israel.