Scope of Warranty
This warranty shall be considered as null and void and shall not apply in any of the following events:
1. Where equipment is not used or has not been installed in accordance with Netafim's specifications and installation instructions for the recommended purpose. This warranty does not extend to repair or replacement of a Netafim™ product or part that results from misuse, negligence, alteration, tampering, use in conjunction with parts, products or service which have not been approved by Netafim™, improper installation or maintenance of the product, or any use not in accordance with the applicable user manual provided by Netafim.
2. If irrigation water has not been filtered or treated to the levels specified for individual components of the product by Netafim.
3. Where chemical concentrates are used or applied internally or externally to the product, and cause harm to the product or its components.
4. If operating pressures are within the limits specified by Netafim™ individual components.
5. Where damage, plugging or clogging is caused by insects, rodents or other animals.
6. Normal wear and tear.
7. Any part normally consumed in operation, or which has a normal life, inherently shorter than the specified warranty period, shall not be considered defective merely due to its consumption or failure prior to the end of the warranty period.
8. If failures are caused by any act or event beyond the reasonable control of Netafim, natural calamities and/or force majeure, which may include, but are not limited to, war, invasion, act of foreign enemy, terrorism, hostilities (whether war be declared or not), civil war or strike, rebellion, lockouts or other industrial disputes or actions, acts of God, acts of government or other prevailing authorities or defaults of third parties, storms, temperatures, flooding, gales, snow, landslides, fire, hailstorm, lightning, earthquakes, electrical or power failures or outages or power surges or electrical spikes, or damage due to freezing or mechanical damage, failure of energy or water supply.
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.
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