NETAFIM USA Landscape & Turf Product Catalog | 71 LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE HEREBY EXCLUDED AND DISCLAIMED. THE REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE BUYER. NO OTHER EXPRESS WARRANTY IS GIVEN AND NO AFFIRMATION BY NETAFIM USA, BY WORDS OR ACTION, WILL CONSTITUTE A WARRANTY. NO OTHER EXPRESS WARRANTY NOR ANY OTHER REMEDY SHALL BE AVAILABLE TO THE BUYER AND NETAFIM USA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFIT, LOST SAVINGS, LOSS OF SALES, OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY OR DAMAGES TO ANY PERSON OR PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS OR THE BREACH OF ANY EXPRESS WARRANTY, EVEN IF NETAFIM USA HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR CLAIMS. NETAFIM USA SHALL NOT BE RESPONSIBLE FOR THE AFORESAID DAMAGES, CLAIMS OR LOSSES DUE TO LATE DELIVERY OR DELIVERY OR NON-DELIVER, OR OTHERWISE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION AS SET FORTH HEREIN. IF NETAFIM USA SHALL FURNISH TECHNICAL ADVICE OR ASSISTANCE WITH RESPECT TO THE PRODUCTS SOLD HEREUNDER, IT SHALL BE GIVEN WITHOUT CHARGE TO BUYER AND SHALL BE GIVEN AND ACCEPTED AT BUYER’S SOLE RISK WITHOUT ANY EXPRESS OR IMPLIED WARRANTY AND NETAFIM USA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ADVICE OR THE RESULTS THEREOF BUYER ASSUMES ALL RISK AND LIABILITY RESULTING FROM USE OF THE PRODUCT PURCHASED. This warranty is expressly conditioned upon proper storage, installation, application, and normal agriculture use and service as recommended by Netafim USA. Such recommendations may be updated from time to time. Any misuse, neglect, modifications, unauthorized repairs, or replacement or uses of the product and/or any of its components for nonagriculture purposes not recommended by Netafim USA, including but not limited to the following, shall completely void this warranty: (I) Irrigation water which has not been filtered or treated to the levels specified for individual components of the product by Netafim. (II) Chemical concentrates, used or applied internally or externally to the product, or mechanical abuse which is harmful to the product or its components. (III) Operating pressures greater than those specified by Netafim’s individual component specifications. (IV) Damage or plugging caused by insects, rodents, other animals, improper installation, or other mechanical damage. THE EXPRESS WARRANTY PROVIDED HEREIN IS EFFECTIVE ONLY IF CLAIM IS MADE BY WRITTEN NOTICE WITHIN THE APPLICABLE WARRANTY PERIOD AND POSTMARKED WITHIN THIRTY (30) DAYS AFTER DISCOVERY OF THE DEFECT ON WHICH THE CLAIM IS BASED. SUCH NOTICE SHALL BE DELIVERED TO NETAFIM USA AT THE FOLLOWING ADDRESS: NETAFIM USA ATTN: PRODUCT MANAGEMENT 5470 EAST HOME AVENUE FRESNO, CA 93727 The buyer shall, together with its notice of claim, offer Netafim USA in writing prompt opportunity to examine the defective product and correct the defect, if possible. This warranty shall be void unless buyer delivers the defective product to Netafim USA at buyer’s sole cost and in accordance with Netafim USA’s instructions. WARRANTY INFORMATION