4” MCFM - 12000
06.2020
Page 36 of 61
Amiad Limited Warranty
1.
This certificate applies to Amiad Water Systems Ltd. ("
Amiad
") products purchased by you (the "
Buyer
") from Amiad unless specifically
agreed otherwise in writing by Amiad. This Warranty extends only to the original purchaser, and is not transferable to anyone who
subsequently purchases, leases, or otherwise obtains the product from the original purchaser.
2.
Amiad hereby warrants that the products are and will be free from defects in material and workmanship under normal use and service.
Amiad warrants that it will correct manufacturing defects in the products, in accordance with the conditions set out in this Warranty.
3.
This Warranty is enforceable for a period of 12 months after the date upon which the products were delivered (the “
Warranty Period
”).
4.
In the event that during the Warranty Period the Buyer discovers a defect in material and/or workmanship in any product or part (the
“
Defective Product
”), it shall submit a written complaint to Amiad using Amiad's standard Buyer Complaint Form. For the receipt of the
Buyer Complaint Form, the submission of the complaint or any questions please contact your service representative.
5.
Upon written demand by Amiad the Buyer shall return the Defective Product - or a sample thereof - to Amiad, at Amiad's cost. If the
Buyer ships any such Defective Product, Amiad suggests the Buyer package it securely and insure it for value, as Amiad assumes no liability
for any loss or damage occurring during shipment. Provided however that in the event Amiad determines that this Warranty does not apply
to such product, Buyer shall promptly reimburse Amiad for such cost (including freight and customs). Any returned product or part must
be accompanied by the Warranty certificate and the purchase invoice. It is clarified that the Buyer may not return the Defective Product
unless such return was coordinated and approved by Amiad in advance.
6.
Amiad's obligation under this Warranty shall be limited to, at Amiad's option, the repair or exchange, free of charge, of the product or
any part which may prove defective under normal use and service during the Warranty Period. The provision of a repair or replacement
of a product during the Warranty Period will result in an extension of the Warranty Period by an additional period of 12 months, provided
that the total accumulated Warranty Period shall in any event be no more than 18 months from the date upon which the products were
delivered.
7.
This Warranty is valid on the condition that the products are installed according to Amiad's instructions as expressed in Amiad's
instruction manuals and according to the technical limitations as stipulated in Amiad's literature or as stated by a representative of Amiad.
8.
This Warranty will not apply to damaged or defective products resulting from or related to:
(i)
Fire, flood, power surges or failures or any other catastrophe and/or unforeseen occurrence, such as but not limited to those for
which the Buyer is customarily insured for, or any force majeure events;
(ii)
Fault, abuse or negligence of the Buyer;
(iii)
Intake water not meeting the agreed standards, as set forth in a written document, approved by Amiad, or improper storage;
(iv)
Improper or unauthorized use of the product or related parts by the Buyer, including Buyer’s failure to operate the product in
conformity with the recommendations and instructions of Amiad, as set forth in Amiad's manuals and other written materials, the
operation of the product other than by a trained and qualified operator, or improper installation of the product by a third party not
authorized by Amiad;
(v)
Performance by the Buyer of maintenance or operation other than in conformity with the recommendations and instructions of
Amiad, or other than in accordance with procedures defined in the literature supplied for products (including the timely
replacement of requisite parts), and for services provided other than by a trained and qualified advanced operator; or
(vi)
Any alteration, modification, foreign attachment to or repair of the products, other than by Amiad or its authorized technical
representatives.
9.
In no event shall Amiad be liable to the Buyer or any third party for any damages to property, or for any intangible or economic loss,
including loss of profits, loss of customers or damage to reputation, for any damages, including indirect, special, consequential damages,
or punitive damage arising out of or in connection with this Warranty, or arising out of or in connection with the product's performance
or failure to perform, even if it has been advised of the possibility of such damages.
10.
Amiad will be excused for failure to perform or for delay in performance hereunder if such failure or delay is due to causes beyond its
reasonable control or force majeure preventing or hindering performance.
11.
This Warranty set forth herein is the only contractual warranty given by Amiad and is provided in lieu of any other warranties created by
any documentation, packaging or otherwise.
12.
Amiad makes no warranty whatsoever in respect to accessories or parts not supplied by Amiad. In the event that Amiad is required to
correct a Defective Product or product not covered by this Warranty, it will do so solely in consideration for additional fees.
13.
The parties will actively endeavor to amicably settle any dispute arising between them. In the event that the parties are unable to reach
an equitable settlement of such dispute, any claim or lawsuit related to the Warranty, its validity execution, its performance be brought
before only the courts of Tel-Aviv, Israel. Israeli law will govern the Warranty, to the exclusion of any conflict of lawrules.
