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Limited Warranties—Manufacturing Defects

Subject to Product Limitations, Warranty Scope, Notification, Pro-Ration, and Conditions of Use herein stated, JAIN Irrigation, Inc., a California Corporation, 2851 East Florence Avenue, Fresno, CA 93721, (“JAIN”), is proud to provide a limited warranty of products manufactured and/or sold by JAIN, for manufacturing defects in the workmanship and materials, from the original date of manufacture to the time period listed in the table below.

Limited Warranties—Manufacturing Defects

Product

Wall Thickness (WT) or Other

Materials and Workmanship

Environmental Stress Cracking Surface Installation

Environmental Stress Cracking Sub-Surface Installation

Polyethylene Tubing

WT > 0.035″

5 years

12 years

12 years

Polyethylene Tubing

0.030″ < WT < 0.035″

2 years

2 years

5 years

Oval Hose/Flat Tube

21 and 44 psi.

2 years

2 years

N/A

Heavy-wall Dripperline

WT > 0.035″

5 years

12 years

12 years

Medium-wall Dripperline 1

0.013″ < WT < 0.035″

3 years

3 years

5 years

Thin-wall Dripperline 1/2

WT < 0.013″

1 year

1 year

1 year

Medium-wall Tape 1

0.011″ < WT < 0.025″

2 years

2 year

5 years

Thin-wall Tape 2

0.006″ < WT < 0.010″

1 year

1 year

1 year

Micro-wall Tape 3

WT < 0.006″

6 months

6 months

6 months

Raphael Valve

N/A

1 year

1 year

N/A

NaanDanJain Sprinklers

N/A

5 years

N/A

N/A

All other JAIN and NaanDanJain Manufactured Parts

N/A

1 year

1 year

1 year

1) Drip Tapes and Dripperline lines with Wall Thickness, 0.011″<WT<0.025″, pressures not to exceed 15 psi.

2) Drip Tapes and Dripperline lines with Wall Thickness, 0.006″<WT<0.010″, pressures not to exceed 10 psi.

3) Drip Tapes and Dripperline lines with Wall Thickness, WT<0.06″, pressures not to exceed 6 psi.

4) 6 Months or single use.

5) Should normal use of product involve sub-surface application, otherwise not covered.

THIS IS THE ENTIRE EXCLUSIVE SCOPE OF THIS WARRANTY, AND ANY PORTION HEREOF CANNOT BE ALTERED, WAIVED, EXTENDED, OR EXPANDED, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE COMMUNICATED, INCLUDING WARRANTIES OF MERCHANT ABILITY AND WARRANTIES OF FITNESS OF PARTICULAR USE.

Product Limitations

This warranty does not apply to those products, that have been subjected to pressure exceeding maximum operating, used in static flow or continuous pressure situations with no or de minimus flow, in use with heated water, in use to grow or propagate illegal plants, or in connection with a potable water service. Buyer is responsible and liable for accepting advice regarding the use of this product and does so at his own risk.

Notification

JAIN must be notified within 72 hours of knowledge of product failure in writing, said writing being communicated in the most expedient manner to accomplished delivery to JAIN within 72 hours of said product failure. Customer is to further provide JAIN the opportunity to inspect the product within a reasonable amount of time in the condition and location of the product at the time of failure. Customer shall provide JAIN access to any pumping, filtration and fertilizing means associated with the use of said product. Customer must obtain a Return Material Authorization (RMA) from JAIN prior to return of any product to Jain, said product being returned to JAIN at the expense of the customer. Failure to obtain an RMA will void this warranty.

Scope of Warranty Liability

At the sole discretion of JAIN, JAIN shall have the option to repair or replace, part or all, of a defective product, or refund, partially or entirely, the original purchase price, if after inspection by JAIN, subject to all other terms of this warranty, said defective product is proven to be defective in material or workmanship. Remedies provided herein this section shall be the only, exclusive and sole remedy of the purchaser of the product.

JAIN is not liable for and does not warranty any labor, including but not limited to, labor on installation or removal of defective product, operating costs, loss of sales or profits, crop or vegetation loss, or any other consequential, incidental or punitive damages of any type, whether foreseeable or not, resulting from the use of its products. JAIN is not responsible for any incidental or consequential damages to any person, property, including personal property and residential structures, crop or landscaping resulting from the use of JAIN products, and purchaser assumes all such risks.

This warranty is not transferable and does not extend to those persons who did not directly purchase the product from JAIN or from those vendors authorized to resell JAIN product. JAIN has only a 1 year warranty for workmanship to OEM customers.

Conditions of Use

Products intended for outdoor use only. Misuse, neglect, modification, unauthorized repair, accident, mishandling, insects, rodents, animals, installation not in accordance with JAIN recommendations, mechanical damages, including but not limited to mechanical installation of the product or use of mechanical equipment and devices in proximity to said products, misuse of products not sold or manufactured by JAIN, but used in conjunction with JAIN products or failure to use adequate filtration, whereby blockages and sediments contribute or cause product failure will void this warranty in its entirety. Use of chemicals, either naturally occurring or synthetically created, in concentrations above JAIN recommended levels will void this warranty.

SCOPE OF WARRANTY LIABILITY

Please Take Notice: This express limited warranty applies to both persons or entities who directly purchase this product from Jain, and to those persons or entities who purchase this product from those vendors authorized to resell JAIN Products.

JAIN shall have the option to repair or replace part of all of the defective products, or to refund, partially or entirely, the original purchase price, if after inspection by JAIN, subject to all other terms of this warranty, said defective product is proven to be defective in material or workmanship. Remedies provided in this section shall be the only, exclusive and sole remedy against JAIN of the purchaser of this product, or of such persons who purchase this product from a vendor authorized to resell JAIN products.

JAIN is not liable for and does not warrant any labor expense, including but not limited to the cost of labor necessary to install, examine, or remove any defective product or to install any replacement product, including replacement product provided pursuant to this express limited warranty.

JAIN is not liable for and does not warrant any other damages, incidental damages, or consequential damages whatsoever, including operating costs, lost sales, lost profits, damage to crops, failure of crops to thrive, damage to persons or personal property, damage to landscaping, damage to residential or commercial structures, court costs, attorney fees exemplary or punitive damages, whether foreseeable or not, resulting from the use of JAIN’s products, and the purchaser assumes all risks. JAIN is not liable to its vendors or any other person or entity for reimbursement, contribution, express or implied indemnity, subrogation, or repayment of damages for which the claimant is held responsible to another.

This express limited warranty is not transferable and does not extent to those persons or entities who did not directly purchase this product from JAIN or from those vendors authorized to resell Jain products. JAIN has only a one (1) year warranty for workmanship to OEM customers.

TERMS AND CONDITIONS OF SALE

Order Acceptance: JAIN IRRIGATION, INC., a California corporation (“Seller”), reserves the right to accept or reject any order. Possession of a price list shall not be construed as an offer to sell the products listed therein. All orders accepted for shipment are subject to Seller’s prior credit approval in its sole discretion.

New customers seeking to establish a credit account are required to furnish a completed credit application along with any other information requested or required for credit review and approval. ALL SALES ARE FINAL. The laws of the State of California apply to all sales of products to customers. In the event of a conflict in any written terms or conditions, the terms and conditions set forth herein shall prevail over all inconsistent terms or conditions of customer. Customer’s additional terms or conditions shall not apply without Seller’s written consent thereto in each instance.

Minimum Order Policy:

Terms of Payment

Terms are Net 30 days (OAC) or as agreed to by Seller in writing at the time of order acceptance. Customer agrees to pay all costs of collection, including attorneys’ fees and costs, and the maximum interest allowed by law, incurred by Seller in the collection of past due balances.

Current Prices

All of Seller’s products are sold at prices in effect at the time of order acceptance. Prices, discounts, and terms and conditions of sale are subject to change at any time without notice.

Cancellation

Custom products and made to order products cannot be cancelled after order placement.

Shortage

Claims for shortages must be made within 10 days of receipt of the product. Customer assumes the responsibility to promptly inspect all shipments. Claims must be made in writing, and identify the invoice number and date shipped. Freight and Delivery All shipments are F.O.B. local stocking warehouse or manufacturing facility, as applicable. Title to the products, and risks of loss, passes to customer at the time of delivery by Seller to the freight carrier selected by Seller. Seller is not liable for loss or damage occurring during shipment; and customer assumes the responsibility to insure each shipment. Any claims for loss should be filed by customer with the freight carrier immediately upon notification. Date of delivery estimates are estimates made in good faith and are subject to delay due to government restrictions, failure of our suppliers to deliver, fire, strikes, power failures, Acts of God, or other causes beyond our reasonable control. Packaging of all products shall be at the discretion of Seller, unless otherwise agreed in writing. Product Changes Seller reserves the right to redesign, alter or modify its products without any liability for customer’s or any third parties’ existing inventory that may become obsolete as a result of such changes.[/vc_column_text][/vc_column][/vc_row]