NETAFIM™ PRODUCTS WARRANTY
All drippers, driplines and Netafim™ products
Netafim’s products are warranted to be free from defects in material and workmanship under normal use and service, for the periods set out in the applicable table below in respect of each of the products (for each product, its respective “Warranty Period”), from the date of receipt of the product(s) by the person, firm, or company who purchases the products from Netafim™ (the “Customer”), as stated in a valid products acceptance certificate (the “Commencement Date”), subject to the Customer presenting such certificate.
Table 1 (driplines)
Table 2 (on line drippers, complementary products, sprinklers)
Netafim™ Digital Farming products
Netafim’s digital farming products are warranted to be free from defects in material and workmanship under normal use and service, for the periods set out in the table below in respect of each of the digital farming products (for each product, its respective “Warranty Period”), from the date of receipt of the digital farming product(s) by the Customer as stated in a valid products acceptance certificate, subject to the Customer presenting such certificate.
Table 3 (Digital Farming products)
LIMITED WARRANTY
Netafim’s products are warranted to be free from defects in material and workmanship under normal use and service, for the applicable Warranty Period, provided however, that with respect to items procured by Netafim™ from a third party, such warranty period shall be the shorter of (i) the Warranty Period; or (ii) the warranty period granted to Netafim™ by the third party from which it acquired such item.
This limited 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/or installation instructions for the recommended purpose. This warranty does not extend to repair or replacement (or attempts to repair or replace) of a Netafim™ product or part that results from misuse, negligence, alteration, tampering, use in conjunction with parts, products or services which have not been approved by Netafim™, improper or inadequate storage, installation or maintenance of the product, or any use not in accordance with the applicable user manual provided by Netafim™.
2. Where chemical concentrates are used or applied internally or externally to the product not according to Netafim’s instructions, and cause harm to the product or its components.
3. If operating pressures are not within the limits specified by Netafim™ in the Technical Product Sheet of each individual component.
4. If water composition is not within the limits specified by Netafim™ in the Technical Product Sheet of each individual component.
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. Loss or damage in transit in the event that the Customer was responsible for transporting the products.
9. Any acts or omissions which expose the products to any harmful environmental factors, including without limitation, use of toxic, corrosive, or caustic liquids, solids, and/or gases, exposure to severe weather conditions, or exposure to unsuitable water.
10. If failures are caused by any act or event beyond the reasonable control of Netafim™, including, without limitation: 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.
11. As regards Digital Farming Products: Any usage that is not in accordance with the provisions of Section 4 of Netafim’s End User License Agreement available at: https://growsphere.netafim.com/terms-and-conditions.
Upon identifying a defect in a Netafim™ product or part thereof during the applicable Warranty Period, the Customer shall provide written notice of the claimed defect to Netafim™ within fifteen (15) calendar days of the discovery thereof or when the Customer should have become aware of such defect and return the defective Netafim™ product or part to Netafim™. Netafim™ will, at its sole discretion, either repair, replace, or refund a part or the full cost of the defective product’s or part’s purchase price.
Netafim’s warranty does not cover spare parts required for routine maintenance. Netafim™ cannot and does not assume liability for defective parts, or damage or problems 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 the risk of use of such third party products.
Netafim’s obligation to repair, replace or refund the cost (in full or in part) of its products or parts 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, damages to crops or equipment caused by product malfunction, 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.
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 Australia / New Zealand 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 Australia / New Zealand.
