BERRY BPI AGRICULTURE
SILAGE SHEETING WARRANTY
THIS WARRANTY ONLY APPLIES TO BERRY BPI AGRICULTURE SILAGE SHEETING (“PRODUCT”) SOLD AND USED IN THE MARKET FOR WHICH IT WAS PRODUCED. RE-SELLING THE PRODUCT INTO A REGION THAT HAS HIGHER SOLAR RADIATION THAN THE ONE FOR WHICH THE PRODUCT WAS INTENDED WILL INVALIDATE THE WARRANTY.
Warranty
Subject to the terms and conditions of this Warranty, the Berry bpi agriculture company selling the Product (the “seller”) warrants to its customer acquiring the Product from the seller (the “customer”) that on delivery to the customer the Product shall:
(a) correspond in all material respects with the seller’s specification for the Product;
(b) be suitable for the application(s) described in the relevant instruction manual for the Product that is from time to time issued by the seller to the customer or to which the customer is otherwise directed in writing by the seller (including on a website or the packaging for the Product); and
(c) unless otherwise stated, protect against ultraviolet light radiation in the country to which the Product is delivered for a period of 12 months from the date of use (provided the storage and use conditions as referred to below are fully complied with).
Any complaint against the seller on account of non-compliance with the Warranty set out above must be brought within two (2) years of the production year for the Product (being the year printed on the original pallet label). All rights will be forfeited at the expiry of this time-limit. If the Product supplied does not comply with this Warranty (which is subject to the limitations noted below), THE SELLER SHALL, AT ITS SOLE OPTION, REPAIR OR REPLACE THE AFFECTED PRODUCT AT THE SELLER’S EXPENSE. If the seller takes such remedial action, then it shall have no further liability for any non-compliant Product.
Complaints Process
The seller only considers complaints from its customers and not any third party. If you did not acquire the Product from the seller you need to contact the distributor or other retailer from which you bought the Product. Any complaint must be communicated in writing and must contain at a minimum the following information:
• brand name and details of the Product (including width, thickness, length and colour);
• production number and pallet numbers printed on the pallet label;
• date used (if relevant);
• date when problem was noticed;
• detailed description of the problem, photographs and sample (if applicable).
Limitations on Warranty
This Warranty only applies to:
• new Product (re-used Product is specifically excluded);
• the customer who acquires Product direct from the relevant Berry bpi agriculture seller;
• claims made within two (2) years from the date of the production year for the Product (being the year printed on the original pallet label).
The Warranty does not cover, and the seller shall not be liable for, the Product failing to comply with the terms set out above or for any other defect or non-compliance because of any of the following:
(i) failure to comply with the instructions for storage and proper use (as referred to below) and/or to relay said instructions to those users of the Product and/or such other persons as are required to know the same; or
(ii) exposure to fertilizers, insecticides, weed killers, mineral oil or any form of sulphur, chlorine or iron; or
(iii) fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions including without limitation abnormal weather conditions; or
(iv) the Product differing from the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or
(v) the customer or any third party altering, repairing or attempting to alter or repair the affected Product without the written consent of the seller; or
(vi) the failing or other non-compliance is otherwise caused by the customer, its employees, officers, agents, subcontractors and/or any other third party.
Storage and Use Conditions
Conditions of storage and use may severely affect the Product. The following gives recommendations and conditions of storage and use to prevent circumstances beyond the seller’s control and factors which will limit the life of the Product. Failure to comply with these recommendations and conditions will invalidate the seller’s Warranty if and to the extent that in the seller’s reasonable opinion they have contributed to any degradation of the Product (including without limitation UV degradation) or other defect or failure in the Product.
• Product must be used within 2 years of the production year that is printed on the original pallet label.
• More detailed instructions in respect of the storage and usage conditions for the specific Product are contained in the applicable instruction manual for the Product that is from time to time issued by the seller to the customer or to which the customer is otherwise directed in writing by the seller (including on a website or the packaging for the Product). In the event of any inconsistency between the conditions set out above and the detailed instructions for the relevant Product the detailed instructions shall prevail.
Please contact your usual sales contact for further information
Important Note: This Warranty is expressly in lieu of any and all other warranties. In particular, there are no warranties for merchantability or fitness for a particular purpose or any other representations, warranties or conditions express or implied, statutory or otherwise, other than those stated above. Berry bpi agriculture’s only obligation to the customer shall be to repair or replace the Product found to be in non-conformance with the terms of this Warranty. It is the customer’s responsibility to determine the suitability of the Product for its intended use and the customer shall assume all other risk and liability in connection with its deployment of the Product. Berry bpi agriculture shall not be liable under any circumstance for other direct or consequential damages or economic loss.
