DNR warrants that the Product, when used and serviced in accordance with the documentation and instructions provided by DNR (the “Documentation”), is fit for the purposes and indications described in the documentation and free from defects in material and workmanship.
If during the Warranty Period the Product are found to be defective in material or workmanship under normal intended usage (as defined in the Documentation), then Purchaser shall promptly furnish to DNR a first notice in writing immediately after discovery of such defect. Purchaser shall submit a full and complete report in writing of such claimed defect, within 15 days after discovery of such defect. Unless such notice, containing full particulars of the claim, is sent by the Purchaser within the said fifteen (15) day period, Purchaser shall be deemed to have waived all claims with respect to such defect or malfunction.
DNR’s sole obligation and Purchaser's exclusive remedy for breach of the above limited warranty shall, at DNR’s discretion, be to (i) use DNR’s commercially reasonable endeavors to correct or fix the malfunction or defect in the Product so that the foregoing warranty is true; or (ii) replace the damaged Product or any component thereof subject to the terms and conditions in this Warranty.
Unless otherwise agreed to in writing by DNR, the time during which DNR is examining and/or repairing the Product or its parts pursuant to the terms of the Warranty, shall not be added onto the Warranty Period. The Warranty Period for repaired or replaced parts shall expire at the later of the end of the remainder of the original Warranty Period of the Product or three (3) months following the date the Purchaser receives such parts.
If elected by DNR pursuant to the above, DNR shall supply replacements for defective parts, which are found to be defective during the Warranty Period. Such parts are to be shipped to the site designated by the Purchaser or to the Distributor from which the Product has been purchased, at the discretion of DNR. Costs of (i) repair; (ii) replacement work; and (iii) shipping of parts to the Purchaser’s site or to the Distributor, shall be borne by DNR. Cost of shipment of the Product to the Distributor and from the Distributor’s site to the Purchaser’s site shall be borne by Distributor. DNR reserves the right to elect that Distributor shall replace defective parts rather than by DNR’s personnel, provided that such replacement does not require skills or expertise not within Distributor’s knowledge received from DNR during training.
Purchaser must ship to DNR defective parts if it has received a Return Material Authorization (RMA) signed by DNR, requiring it to do so. DNR reserves the right to examine the Product or parts thereof claimed to be defective to determine (i) whether or not they are defective; and (ii) the cause of such defect.
This Warranty shall not cover, extend or apply to any defect, damage, deterioration or fundamental difficulty attributable to: (1) the Product being operated with any accessory, equipment or part not specifically approved by DNR; (2) the Product being handled not in accordance with the Documentation; (3) the Product being subject to any improper or unsatisfactory handling, use or repair; (4) the Product shall not has been operated or maintained in accordance with the Documentation; (5) the Product not being operated under normal industry use; (6) the Product being involved in an accident, sabotage or breakdown, unless reasonable evidence that such accident, sabotage or breakdown was not a cause of the defect is furnished; or (7) any change, modification or alteration of the Product or any component thereof or the driving, management or embedded software, made by or on behalf of the Purchaser following delivery of the Product.
THE BULBS IN THE PRODUCT ARE NOT COVERED UNDER THIS WARRANTY AND DNR SHALL NOT BE BOUND TO PROVIDE ANY SERVICES WITH RESPECT TO THE REPAIR OF THE SAID BULBS AND ANCILLARY DAMAGES. In the event of damage to any part of the Product, this Warranty shall be suspended until DNR has assessed the damage and verified that no further damage has been caused to the Product. Upon DNR’s verification that no further damage has been caused, the Warranty shall be back in force.
Reasonable wear and tear of the Product is not covered under this Warranty and DNR shall not be bound to provide any services with respect to the repair of such wear and tear.
This Warranty does not apply to, and DNR shall not be responsible for, any damage, defect or malfunction that occurred during, or is attributed to, the installation of the Product, except if the installation was performed by DNR.
This Warranty does not apply to, and DNR shall not be responsible for any damage, defect or malfunction relating to any component or part of a Product that its warranty is specifically covered by special or separate warranty, and this general warranty shall not apply to it. In such event DNR shall either (i) include a separate warranty certificate or similar document relating to the warranty coverage of the said component / part, or (ii) indicate the exclusion from warranty relating to the said component / part.
OTHER THAN AS SPECIFICALLY PROVIDED HEREIN, DNR SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF CONNECTED WITH OR RESULTING FROM THE MANUFACTURE, SALE, SUPPLY, DELIVERY, REPAIR, REPLACEMENT, MAINTENANCE OR OPERATION OF THE PRODUCT, FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO COST OF COVER, LOSS OF REVENUE OR PROFIT OR COMMERCIAL LOSS OR LOSS OF DATA OR TIME, EVEN IF DNR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED (WHETHER IN CONTRACT, WARRANTY, TORT, INDEMNIFICATION OR OTHERWISE).
THE ABOVE EXPRESS WARRANTY IS THE ONLY WARRANTY PROVIDED TO THE PURCHASER. DNR DOES NOT WARRANT THAT THE PRODUCT (OR ANY COMPONENT OR MODULE THEREOF) WILL MEET PURCHASER’S CURRENT OR FUTURE REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, FREE FROM ANY FAILURE, DAMAGE, BREAK OR OTHER IMPAIRMENT OR MALFUNCTION, OTHER THAN AS SPECIFIED IN THE DOCUMENTATION. DNR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THOSE WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
DNR’S AGGREGATE LIABILITY ARISING UNDER THIS WARRANTY AS WELL AS THE MANUFACTURE, SALE OR SUPPLY, REPAIR, REPLACEMENT, MAINTENANCE OR OPERATION OF THE PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, INDEMNIFICATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE RELEVANT PRODUCT.
If any provision of this Warranty is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Warranty and the remainder of this Warranty shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this Warranty shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision.
Any term of this Warranty may be amended (either generally or in a particular instance) only with the written consent of DNR. This Warranty shall be construed in accordance with and governed for all purposes by the substantive laws of Israel without regard to principles of conflicts of law.
The address of DNR for any matter relating to this Warranty shall be PO Box 34, Kibbutz Maale HaHamisha, 90835, Israel.
THIS WARRANTY SHALL ONLY BE VALID UPON THE COMPLETION IN FULL OF THE ACCOMPANYING FORM AND RETURNING IT TO DNR OR COMPLETING THE FORM ELECTRONICALLY ON DNR’S WEBSITE: WWW.DNR-IS.COM WITHIN 45 DAYS FROM DATE OF PURCHASE.