Disclaimer AGRI APPS (PTY) LTD – XSENSE™
Agri Apps (Pty) Ltd (“Agri Apps”) is an agent of BT9 Limited (“BT9”) in respect of the sale and distribution of Xsense™ Hardware (“the Xsense™ system”).
Any warranties in respect of the Xsense™ system are as contained in BT9’s disclaimer and limited warranty document which is attached hereto for signature by the customer. By its signature thereto the customer acknowledges that it understands the contents thereof and agrees thereto. Such warranty binds BT9 and Agri Apps makes no warranties whatsoever in respect of the Xsense™ system or any components thereof. The customer warrants that it is a juristic person as defined in section 5 (2) (b) of the Consumer Protection Act 68 of 2005 (“the Act”) and accordingly accepts that the Act does not apply to any transaction entered into between it and Agri Apps.
In the event of any dispute regarding the functioning of the Xsense™ system or any part thereof, the customer is to notify Agri Apps within 14 (fourteen days) of discovering the relevant fault and Agri Apps shall immediately notify BT9.
Agri Apps shall not be liable for any faults and/or defects in the Xsense™ system, nor shall it be liable for any actual or consequential damages sustained, whether direct or indirect as a result of any fault and/or defect in the Xsense™ system. Agri Apps shall not be liable for any actual or consequential damages sustained, whether direct or indirect as a result of use of the system by any parties.
The customer indemnifies Agri Apps against any claims by third parties in respect of any losses sustained by the latter as a result of the use of the Xsense™ system and/or as a result of any faults and/or defects in the Xsense™ system.
All risk in and to goods sold by Agri Apps to the customer passes to the customer upon payment for the goods concerned.
Xsense™ Disclaimer & Limited Warranty
The limited warranty (this “Warranty”) provided by BT9 Ltd. (“BT9”) with respect to the XsenseTM Hardware (Communication unit & Xsense Tags) and Applications report (the “Xsense system”) shall be governed solely and exclusively by the terms and conditions of BT9’s limited warranty, as set forth below:
- BT9 warrants that the Hardware shall be free from material defects in materials and workmanship for a period of 12 (twelve) months following the date of issuance of the respective invoice for the relevant Hardware to the customer
- (The “Warranty Period”), all subject to and in accordance with the terms and conditions thereof.
- BT9 does not warrant, whether expressly or implied, that the Xsense system will perform uninterrupted or error free. Such interruptions and/or errors may result in and/or include, inter alia, any of the following: (i) loss of communication between different Hardware components due to attenuation of signal or any other reason; (ii) faulty Hardware that are not recording; (iii) faulty Hardware that are not transmitting data or are transmitting incomplete data; (iv) Power failure; (v) loss of cellular communication for prolonged periods; or (vi) hosting server fault.
- Furthermore, BT9 does not warrant nor make any representation regarding the results of its customer’s use or omission to use: (i) The Hardware, (ii) any of its components, features or applications, (iii) the real time alerts, or (iv) information or data provided by the Hardware in terms of correctness, accuracy, completeness, timeliness of the content, Reliability or otherwise. Use of the Hardware is at the customer’s sole risk. In no event will BT9 be liable for any indirect, incidental, special, or consequential damages arising out of or relating in any way to the Hardware and the use Thereof (including, without limitation, damages to Hardware, damages for lost information, lost savings, lost profits or business interruption), Even if BT9 has been informed, is aware, or should be or has been aware, of the possibility of such damages. In no event will BT9 be liable for direct damages or otherwise in excess of the sums actually paid by the Customer with respect to the applicable Hardware order. For the avoidance of any doubt, the customer assumes sole risk and shall be solely responsible for evaluating, analyzing and using the data provided by the Hardware, and BT9 shall in any event not be liable for any loss, damage or injury suffered by the customer or any third party, whether in contract or in tort, Due to the customer’s use of the data provided by the Hardware.
- This Warranty shall not apply to any failures and/or problems of any kind and/or nature with respect to any Hardware (and/or any component thereof, resulting from: (i) abnormal use or misuse, whether through acts, omissions, negligence, error or accident; (ii) tampering, change, alteration or modification by any party other than BT9 (iii) improper handling, storage, application, installation or maintenance by any person and/or entity other than BT9; (iv) excessive operating conditions; (v) unusual environmental conditions; (vi) Accidental or intentional damage by any person other than BT9; or (vii) force majeure events.
- Without derogating from the generality of the foregoing, BT9’s sole obligation under this Warranty shall be limited to: (i) the repair and/or replacement of any defective Hardware (and/or any component thereof) which was proven not to Conform to this Warranty and which shall be subsequently returned by the customer to BT9’s facility during the Warranty Period (with transportation charges prepaid); or (ii) Refund the customer the price paid for such Non-conforming Hardware (and/or any component thereof), all at BT9’s sole and absolute discretion.
- This Warranty is solely for the benefit of the customer and will not extend or construed to be extended to any other person and/or entity whatsoever, including the customer’s customers and/or any of the Hardware end users.
- This Warranty is solely for the benefit of the customer and will not extend or construed to be extended to any other person and/or entity whatsoever, including the customer’s customers and/or any of the Hardware end users. This warranty is a limited warranty which is and shall remain at all times the sole and exclusive warranty granted by BT9 with respect to the Hardware (and/or any of the components thereof). Except as explicitly stated in the warranty, BT9 makes no warranties, whether express or implied with respect to the Hardware (and/or any components thereof), including, and without limitation, and implied warranties of merchantability and fitness for particular purpose. The repair, replacement or refund of the Hardware (and/or any components thereof) in the manner provided above will constitute full and final fulfilment of All of BT9’s obligations with respect thereto.
- The validity, performance and construction of this Warranty shall be governed by and interpreted in accordance with the laws of the State of Israel. Any claim or dispute with respect thereto shall be submitted to the exclusive Jurisdiction of the competent courts of Tel Aviv, Israel, to the exclusion of any other jurisdiction.
All capitalized terms used in this Warranty but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement, to which this Warranty is an annex to.