CMT MANUAL 1.2 TERMS AND CONDITIONS

CMT MANUAL 1.2 TERMS AND CONDITIONS

TABLE OF CONTENTS INDEMNITY... 3 DOCUMENT INFORMATION... 3 ACKNOWLEDGEMENTS... 3 1.2.1 TERMS AND CONDITIONS OF SALE... 4 1.2.1.1 PRICE... 4 1.2.1.2 OWNERSHIP... 4 1.2.1.3 DELIVERY... 4 1.2.1.4 RETURNS... 4 1.2.1.5 CLAIMS... 4 1.2.1.6 CONSEQUENTIAL LOSS... 4 1.2.1.7 SPECIFICATIONS... 4 1.2.1.8 RISK IN PRODUCTS... 4 1.2.1.9 PRODUCT DESIGN CHANGES... 5 1.2.2 CONDITIONS APPLICABLE TO QUOTATIONS... 6 1.2.2.1 QUOTED PRICES... 6 1.2.2.2 VALIDITY... 6 1.2.2.3 LIMITED LIABILITY PROVISION... 6 1.2.2.4 INSTALLATION:... 6 1.2.2.5 INSTALLATION OF AUTOMATION EQUIPMENT WILL COMMENCE ON COMPLETION OF THE FOLLOWING... 7 1.2.2.6 DELIVERY TIME... 7 1.2.2.7 PERSONAL COMPUTERS... 7 1.2.2.8 CUSTOMER DECLARATION... 7 1.2.3 LIMITED WARRANTY... 8 1.2.3.1 LIMITED WARRANTY... 8 1.2.3.2 THIS WARRANTY DOES NOT APPLY:... 9 1.2.3.3 INSTALLATION INSTRUCTIONS... 9 1.2.3.4 NOTIFICATION... 9 1.2.3.5 LIMITED REMEDIES... 10 1.2.3.6 DISCLAIMER OF WARRANTIES... 10 1.2.3.7 STANDARDS... 10 Version 2.00 JA20110714 Terms and Conditions Page 1

LIST OF TABLES TABLE 1. LIMITED WARANTEE PERIODS... 8 TABLE 2 PRE-INSTALLATION CHECK LIST FOR NMC IRRIGATION... 11 Version 2.00 JA20110714 Terms and Conditions Page 2

INDEMNITY Netafim South Africa (Pty) Ltd has taken all reasonable care in ensuring the integrity and reliability of the information contained in this document. Despite this Netafim South Africa (Pty) Ltd. takes no responsibility for any damage or loss that may result from the use of this manual. This document should be regarded as the property of Netafim South Africa (Pty) Ltd. This document is not intended for further training and neither may it be reproduced nor copied in its current form or temporary form. This document may not be revealed and/or carried over to any third party without the explicit written consent of Netafim South Africa (Pty) Ltd. This document is presented with the exclusive aim of notifying selected potential clients regarding CMT Manual - Terms and Conditions. Receipt or the possession of this document does not imply rights and the contents should be viewed as a proposal only. This document is neither issued as a guarantee, nor does it confirm any legal obligations on Netafim South Africa (Pty) Ltd whatsoever. Netafim South Africa (Pty) Ltd reserves the right to make changes in its products and in the CMT Manual - Terms and Conditions without prior notice. DOCUMENT INFORMATION Version: 2.00 Last updated: 14 July 2011 ACKNOWLEDGEMENTS Netafim South Africa Version 2.00 JA20110714 Terms and Conditions Page 3

1.2.1 TERMS AND CONDITIONS OF SALE 1.2.1.1 PRICE Unless Netafim s credit controller has granted prior consent, the customer or his agent must pay for all goods in full on delivery appointed carrier. Where credit terms have been applied for and granted by Netafim, all payments, unless otherwise stipulated in writing, will become due thirty (30) days from the date of statement issued at the end of the month of purchase. Interest will be charged on all overdue accounts at a rate, which may be changed from time to time, but is currently 1.75% per month. A settlement discount of 2.5% may be deducted from amounts paid in full on or before the 30 days detailed above except where prior net terms have been agreed upon. 1.2.1.2 OWNERSHIP Ownership and title of the goods will only change from Netafim to the customer upon payment in full to Netafim. 1.2.1.3 DELIVERY Delivery times or dates quoted are based on information at hand at time of quote. Whilst Netafim will do everything in it s power to execute the order on time, Netafim does not assume any responsibility whatsoever for any delays or the consequences thereof. All part orders accepted are on condition that Netafim shall not be liable for any losses incurred through delays in completion or stoppages, nor for any direct or indirect consequential damages. 1.2.1.4 RETURNS No goods returned will be accepted unless the original invoice number is quoted. Goods correctly supplied will be subject to a 15% handling fee on return. Freight costs are at the customer s expense. 1.2.1.5 CLAIMS No claims for shortages, overcharges or damaged products will be recognized unless made in writing within 14 days of the date of the delivery. 1.2.1.6 CONSEQUENTIAL LOSS Netafim shall not, under any circumstance, be liable for consequential loss or damage, either direct or indirect. 1.2.1.7 SPECIFICATIONS All specifications and performance data are given in good faith and unless specifically stated otherwise, do not represent a guarantee. Any pictures, product or packaging may sometimes differ from the product or package supplied. 1.2.1.8 RISK IN PRODUCTS Risk in products shall pass to the customer from the date of loading ready for dispatch by Netafim. Version 2.00 JA20110714 Terms and Conditions Page 4

1.2.1.9 PRODUCT DESIGN CHANGES Netafim South Africa (PTY) Ltd reserves the right to redesign, alter or modify its products without incurring any liability whatsoever to any prior buyers of products. Our current catalogue, design manual, price sheets and other written technical material and others are subject to withdrawal or change at any time without prior notice, and possession of current catalogue or price sheets does not constitute an offer to sell. I/We herewith acknowledge and understand that NETAFIM SOUTH AFRICA (PTY) LTD conducts its business in accordance with the Terms and Conditions as set out herein. I/We also confirm that we have read and understand the terms specified. Signature: Capacity: Full name: Witness: Witness: Full Name: Full Name: ID Number: ID Number: Company Stamp: Date: Version 2.00 JA20110714 Terms and Conditions Page 5

1.2.2 CONDITIONS APPLICABLE TO QUOTATIONS 1.2.2.1 QUOTED PRICES Prices quoted are net and exclude VAT, unless otherwise specified in quotation. Upon successful application for credit with Netafim, terms will be 30 days from the date of invoice. Interest will be charged on all overdue accounts at a rate that may change from time to time but is currently 1, 75% per month. Unless specifically specified otherwise, prices are ex-works Kraaifontein. 1.2.2.2 VALIDITY Unless otherwise specified, quotations are valid for 30 days from date of quotation. Thereafter they may be revised or confirmed for a further 30 days. 1.2.2.3 LIMITED LIABILITY PROVISION Engineering and related documents have been prepared in accordance with generally accepted engineering practice. The Services are provided based on data (e.g. topographical map, climate and soil data, quantity and quality of water resources. Greenhouse structure information and climate compartment requirements, etc.), which were provided to Netafim by the customer. Netafim has not verified such data, and shall not be responsible in any respect to the accuracy and/or veracity of such data. These documents are the exclusive property of Netafim and can only be used in conjunction with products to be purchased from Netafim. Upon Netafim s request this document shall be returned to Netafim. 1.2.2.4 INSTALLATION: The installation costs quoted do not include (unless otherwise specified in the quotation): o Any electrical cables from the controller to all switchgear and electrical motors, relays, solenoids, meters, level switches or other inputs. o 230/400 VAC power supply, circuit breakers and all standard safety equipment required. o The installation of solenoids at the valves in the field or any required hydraulic tubing and fittings. o Farm to supply one unskilled labourer for the duration of the installation to assist our technician. Version 2.00 JA20110714 Terms and Conditions Page 6

1.2.2.5 INSTALLATION OF AUTOMATION EQUIPMENT WILL COMMENCE ON COMPLETION OF THE FOLLOWING The system to be automated is working manually. The required electrical installation is complete (see point 1.2.2.4 above). All starters must be equipped with the following: Auto-Manual-Off or Auto-Open-Close- Off selector switches. Relays as required (24 VAC or 12 VDC). Phase failure relay with free contact for automation controller. All electrical wiring must be checked beforehand for any faults. Wiring to low voltage equipment (greater than 50 VAC or 120 VDC) must be done by a qualified electrician. It is recommended that a qualified professional do the sizing of electrical wiring to the field and electrical points. If any of the above points cause a delay in the installation of the equipment, an additional installation cost will be charged at a rate of R350,00 per hour and travelling cost of R3,50 per km. (Net and Excluding VAT). The installation cost quoted makes provision for the installation, training and commissioning of the equipment. It also makes provision for travelling and accommodation costs during the installation and training period, unless otherwise specified in the quotation. 1.2.2.6 DELIVERY TIME All equipment is estimated to be delivered within 6 weeks from date of receiving an official order, unless otherwise stated. Netafim will endeavour to execute the order on time but cannot assume any responsibility for any delays or the consequences thereof. 1.2.2.7 PERSONAL COMPUTERS We recommend that the client purchase his own PC from his local computer dealer to ensure ongoing after sales service. PC specifications are available from Netafim (see Section 7 Communication of the CMT Manual, 7.1.3 Personal Computer). We request the use of a dedicated PC for automation. 1.2.2.8 CUSTOMER DECLARATION Before work commences, the customer / dealer must complete the NMC Pre Installation Form (see Table 2) to confirm the above before Netafim starts with the installation. Version 2.00 JA20110714 Terms and Conditions Page 7

1.2.3 LIMITED WARRANTY 1.2.3.1 LIMITED WARRANTY Netafim s products are warranted to be free from defects in material and workmanship under normal use and service, for the periods set out in the table below in respect of each product from the date of delivery. TABLE 1. LIMITED WARANTEE PERIODS Product Wall Thickness (mm) Maximum Pressure (m) Warranty Period (Years) Period (years) according allowance formula 100% 75% 50% 25% 10% Ram and Uniram Ram, Uniram and Tiran 1.20 40 7 1 2 4 5 7 1.00 35 6 1 2 3 4 6 DripNet PC 1.00 25 / 30 6 1 2 3 4 6 Tiran 0.80 27 5 1 2 3 4 5 Blind Dripper Pipe Ram Super Light and DripNet PC Super Typhoon 150 Super Typhoon 125 1.0-1.5 35-40 5 1 2 3 4 5 0.42 20 3 1 2 3 0.38 18 3 1 2 3 0.31 14 2 1 2 Streamline 80 0.20 8.5 1 1 Streamline 60 0,15 6.5 0.5 0.5 On-Line Drippers n/a 30 2 1 Micro 1 1 Valves, meters and accessories Filters Automation, CMT EC ph See product specifications for all of these products plus EC, ph sensors and dosing valves. 1 1 1 1 1 1 Transmitter Climate Box Fan 0.5 0.5 EC + ph Sensors Dosing valves Maximum Pressure = 70 m (7 bar) 0.25 0.25 Not applicable ph Sensor must be immersed in water at all times. Version 2.00 JA20110714 Terms and Conditions Page 8

1.2.3.2 THIS WARRANTY DOES NOT APPLY: Where equipment is not used or has not been installed in accordance with Netafim s specifications and installation instructions, and does not extend to repair replacement of a Netafim product or part that results from misuse, negligence, alteration, tampering, or improper installation or maintenance of the product. If irrigation water has not been filtered or treated to the levels specified for individual components of the product by Netafim. Where chemical concentrates are used or applied internally or externally to the product, and cause harm to the product or its components, or where operation pressures are greater than those specified by Netafim s individual component. Where insects, rodents or other animals cause damage or plugging. Where lightning, electrical causes failures, power surges, or damage due to freezing or mechanical damage. Where a defect in a Netafim product is identified during the applicable warranty period, Netafim will repair or replace, at its sole option, the product or the defective part. 1.2.3.3 INSTALLATION INSTRUCTIONS Dripperlines with wall thickness between 0.10 mm to 0.42 mm must be buried (sub-surface) when it is to be installed under clear plastic mulch. Main, sub-main and manifold lines must be flushed thoroughly before connecting the dripperlines. Dripperlines must be installed with dripper s outlet facing upwards for sub-surface installations. Ensure that the sides of the reel are adequately supported on the laying machine. Inspect laying machine for possible wear and tear that can damage dripperlines. Rodents, pests and insects that may cause damage to the dripperlines must be controlled. Water must be clean: use disc or media filters and chemical treatment to ensure satisfactory operation. All residual fertilizer and chemicals must be flushed out of the dripperlines before shutting down the system. Schedule irrigation cycles adequately to avoid under-irrigation and prevent root intrusion. Contact your local Netafim distributor for further enquiries. 1.2.3.4 NOTIFICATION This warranty is effective only if the claim is made by written notice, within the warranty period and within thirty (30) days after discovery of any defect. Such notice should be delivered to Netafim at the following address: o Netafim South Africa (Pty) Ltd P O Box 129 KRAAIFONTEIN 7569 The buyer shall, together with notice of claim, offer Netafim South Africa (Pty) Ltd opportunity to examine the products and correct the defect. Version 2.00 JA20110714 Terms and Conditions Page 9

1.2.3.5 LIMITED REMEDIES Netafim shall not be responsible for consequential, indirect, incidental and/or special damages of any nature for defective products or installation, including laying machines delivered by Netafim, nor be liable to the buyer for loss of profit, damage or other, to property owned by the buyer, for loss of time, inconvenience or commercial loss. Netafim shall not be responsible for changes of EC and ph values downstream of the injection point due to water quality; measurement of EC and ph will be done at the point of injection. Netafim will not be liable for damage or loss occurring during shipment. The freight carrier assumes responsibility for safe delivery at the time of shipment. Claims for such damages must be filed with the freight carrier. The warranty covers repair or replacement of equipment only and not visits to site or the transport of equipment from the Kraaifontein warehouse. 1.2.3.6 DISCLAIMER OF WARRANTIES Except as expressly provided for herein, all warranties, expressed or implied, including any implied warranty of merchantability of fitness for a particular purpose of use, are hereby excluded and disclaimed. There are no warranties, which extend beyond the description on the fact hereof. If Netafim shall furnish technical advice or assistance with respect to the use of the products sold hereunder, it shall be given without charge to buyer and shall be given and accepted at buyer s sole risk, and Netafim shall not be responsible or liable for the advice or the results thereof. Buyer assumes all risk and liability resulting from use of the products. 1.2.3.7 STANDARDS This serves to confirm that Netafim dripperline is manufactured according to the International Standard for Emitting Pipe ISO 9261 A. Netafim South Africa (Pty) Ltd is a Proudly South African company, which manufactures the Netafim dripperline in its factory in Kraaifontein. It has SABS the ISO 9001 : 2000 accreditation. Version 2.00 JA20110714 Terms and Conditions Page 10

TABLE 2 PRE-INSTALLATION CHECK LIST FOR NMC IRRIGATION Project name: Date: Type of NMC: Project No: Install main pump starter relay Install cable trunking Task Lay wiring from main pump relay to NMC controller Lay wiring from filter back flush valve solenoids to NMC controller Install 'Auto-Manual-Off' or 'Auto-Open-Close-Off' selector switch on the starter Lay wiring from flow meter to NMC controller Lay wiring from the irrigation valve solenoids to the NMC controller Install injection unit Install NMC controller Lay communication cable from NMC controller to Mux Install fertiliser tanks Install fertliser dosing channels from fert. tanks to injection unit State the size and name of the last dosing channel fitting to which CMT Dealer shall connect Size Name of fitting State the size and name of the first dosing channel fitting supplied by CMT Dealer Size Name of fitting Install the inlet to the injection unit State the size and name of the injection unit inlet pipe fitting to which Netafim shall connect Size Name of fitting State the size and name of the first injection unit inlet pipe fitting supplied by Netafim Size Name of fitting Install the outlet pipe from the injection unit Name of person doing the task State the size and name of the first injection outlet inlet pipe fitting supplied by CMT Dealer Size Name of fitting State the size and name of the injection unit outlet pipe fitting to which CMT Dealer shall connect Size Name of fitting Install SA Radio base station and/or Macstream Radio Install pole for SA Radio antenna and/or Macsteam Radio Install antenna Version 2.00 JA20110714 Terms and Conditions Page 11

Task Install RX Field units Install hydraulic tubing and fittings to irrigation valves 400V / 230V power supply Lay power wiring into the NMC controller and/or injection unit Lay power wiring into the SA radio Check that the irrigation system is working manually Name of person doing the task Compile a list of the designed flow rates of each irrigation valve Supply fertiliser recipe Supply fertiliser Version 2.00 JA20110714 Terms and Conditions Page 12