EURODRIP U.S.A., INC., A CALIFORNIA CORPORATION IRRIGATION SYSTEMS MANUFACTURER’S LIMITED WARRANTY
Eurodrip U.S.A., Inc., a California Corporation, 1850 West Almond Avenue, Madera, CA 93637 (Eurodrip), warrants to the purchaser that, from the date of shipment from Eurodrip, under normal conditions of use and operation, its products shall be free from original defects in material and workmanship and against environmental stress cracking for the periods and applications specified below:
Obligation to Repair or Replace: Eurodrip warrants that the products furnished pursuant to this Agreement shall conform to Eurodrip’s published specifications at the time of delivery to purchaser. Eurodrip’s sole obligation under this warranty is strictly limited to the repair or replacement, at its option, of the defective product, for the time specified above from the date of shipment. Eurodrip shall not be obligated to consider requests for repair or replacement of a defective product until it receives a written statement, sent registered mail to the offices of Eurodrip, which includes a description of the time and type of product, the quantity purchased, the manner/procedure followed to install the product, and the alleged defect. All requests must include a copy of the original invoice and a sufficient length of dripline bearing the printed production code.
Voiding the Warranty and Warranty Variations: Improper installation, abuse, misuse, neglect, unauthorized repairs, modifications, alterations, mishandling, mechanical damage, or plugging shall void this warranty. If product damage, in the sole determination of Eurodrip, occurs as a result of accident, insects, rodents, tubing kinks, external or internal use or application of chemicals or fertilizers in concentrations higher than recommended in the product technical manual, use of irrigation water not properly filtered or treated to levels recommended by the product technical manual shall void this warranty. The customer is obligated to pay, at its own expense, all costs of replacing the product, including, but not limited to all labor costs, freight costs for the return of the defective product, freight costs for the delivery of the new/replacement/repaired product, and removal and re-installation costs of the dripline(s).
Replacement Price: If within the warranty period and in Eurodrip’s sole discretion, it is deemed necessary to replace a defective part or whole product, the part or product will be replaced with the same part or product, or if no longer available, with a comparable part or product of equal endurance. The purchaser shall pay a prorated share of the then current purchase price for the replacement product based on the number of years from factory product shipment divided by the number of years in the product warranty.
Exclusions and Restrictions: This warranty only applies to products manufactured or supplied by Eurodrip. This warranty does not apply to products sold or used in conjunction with Eurodrip’s products. This warranty does not apply to products improperly installed, installation not properly designed or executed and installation machinery not properly adjusted or maintained for Eurodrip driplines.
THE FOREGOING REMEDIES ARE EXCLUSIVE. THIS WARRANTY EXPRESSES THE ENTIRE WARRANTY OF EURODRIP. THIS WARRANTY STATES THAT ITS EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND MOREOVER, ARE COMPLIMENTED BY SPECIFIC WARRANTY REMEDY PROVISIONS.
PURCHASER FURTHER AGREES THAT EURODRIP SHALL NOT BE LIABLE TO PURCHASER FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, HOWEVER OCCASIONED, EVEN IF EURODRIP HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS WARRANTY EXTENDS ONLY TO PURCHASER AND NOT TO ANY THIRD PARTIES.