LIMITED WARRANTY OF PV SOLAR MODULES
1. LIMITED PRODUCTION WARRANTY-FIVE YEARS REPAIR, REPLACEMENT OR REFUND REMEDY
Cloud Energy Photoelectric Ltd. warrants its photovoltaic solar modules, including factory-assembled DC connectors and cables, if any, to be free from defect in materials and workmanship under normal application, installation, use and service conditions. If modules fail to conform to this warranty, during the period ending 60 months from the date of sale as shown in the invoice to the first consumer customer of the Cloud Energy product, Cloud Energy will, at customer’s option, either repair or replace the product, or refund the purchase price as paid by the customer.The repair or replacement or refund remedy shall be the sole and exclusive remedy provided under the “Limited Product Warranty” and shall not extend beyond the 60 months period set forth herein. This “Limited Product Warranty” does not warrant a specific power output, which shall be exclusively covered under clause 2 herein after.
2. LIMITED PEAK POWER WARRANTY-LIMITED REMEDY
If, within a period of 12 years from the date shown in the invoice to the customer any modules exhibits a power output less than 90% of the minimum “peak power at STC” as specified at the date of invoice in Cloud Energy‘s product information sheet, provided that such loss in power is determined by Cloud Energy to be due to defects in material or workmanship, Cloud Energy will replace such loss in power by either providing additional modules to the customer to make up for such loss in power, or by replacing the defective modules at the option of customer.
If, within a period of 25 years from the date shown in the invoice to the customer any modules with a nominal power of at least exhibits a power output less than 80% of the minimum “peak power at “STC” as specified at the date of invoice in Cloud Energy’s product information sheet, provided that such loss in power is determined by Cloud Energy to be due to defects in material or workmanship, Cloud Energy will replace such loss in power by either providing additional modules to the customer to make up for such loss in power or replacing the defective modules, at the option of customer. The remedies set forth in this clause 2 shall be the sole and exclusive remedies provided under the “Limited Peak Power Warranty”
3. EXCLUSIONS AND LIMITATIONS
A. In any event, all warranty claims must be filed within the applicable warranty period.
B. The “Limited Product Warranty” and the “Limited Peak Power Warranty” do not apply to any modules which have been subjected to:
(a) Misuse, abuse, neglect or accident.
(b) Alteration, improper installation or application.
(c) Non-observance of Cloud Energy’s installation and maintenance instructions.
(d) Repair or modifications by someone other than an approved service technician of Cloud Energy.
(e) Power failure surges, lighting, flood, fire, accidental breakage or other events outside Cloud Energy’s control.
C. Both, the “Limited Product Warranty” and the “Limited Peak Power Warranty” do not cover any transportation charge, customers clearance or any other costs for return of the modules, or for reshipment of any repaired or replaced modules, or costs associated with installation, removal or reinstallation of the PV-modules.
D. Warranty claims will not be honored if the type or serial number of the modules have been altered, removed or made illegible.
4. LIMITATION OF WARRANTY SCOPE
These “Limited Warranties of PV Modules” as set forth herein are expressly in lieu of and exclude all other express or implied warranties, including but not limited to warranties of merchantability and of fitness for particular purpose, use, or application, and all other obligations or liabilities on the part of Cloud Energy, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Cloud Energy. Cloud Energy shall have no responsibility or liability whatsoever for damage or injury to person or property, or for other loss or injure resulting from any cause whatsoever arising out of or related to the modules, including, without limitation, any defects in the modules, or from use or installation. Under no circumstances shall Cloud Energy be liable for incidental, consequential or special damages, howsoever caused. Loss of use, loss of profits, loss of production, and loss of revenues are specifically and without limitation excluded. Cloud Energy’s aggregate liability, if any, in damages or otherwise, shall not exceed the invoice value as paid by the customer, for the single unit of module.
5. OBTAINING WARRANTY PERFORMANCE
If the customer feels a justified claim covered by this “Limited Warranties for PV Modules”, an immediate notification directly to Cloud Energy shall be filed by mailing a (registered/certified) letter in writing to the address of Cloud Energy listed in invoice, or sending an email letter together with the notification, the customer should enclose the evidence of the claim with the corresponding serial number of the modules and the invoice on which the modules have been purchased.
The return of any PV modules will not be accepted unless prior written authorization has been given by Cloud Energy.
If a part, provision or clause of this “Limited Warranty of PV Module”, or the application thereof to any person or circumstance, is held invalid, void or unenforceable, such holding shall not affect and shall leave all other parts, provisions, clauses or applications of this “Limited Warranty of PV Module”, and to this end such other parts, provisions, clauses or applications of this “Limited Warranty of PV Module” shall be treated as severable.
In case of any discrepancy in a warranty-claim, a first-class international test-institute, all fees and expenses shall be born by the losing party, unless otherwise awarded. The final explanation right shall be borne by Cloud Energy.
The repair or replacement of the modules or the supply of additional modules, does not cause the beginning of new warranty terms, nor shall be the original terms of this “Limited Warranty of PV Module” be extended. Any placed modules shall become the property of Cloud Energy made for their disposal. Cloud Energy has the right to deliver another type (different in size, color, shape and/or power) in case Cloud Energy discontinued producing the replaced modules at the time of the claim.
9. Force Majeure
Cloud Energy shall not be responsible or liable in any way to the customer or any third-party arising from any non-performance or delay in performance of any terms and conditions of sale, including this “Limited Warranty of PV Module”, due to acts God, war, riots, strikes, warlike conditions, plague or other epidemics, fire, flood, or any other similar cause or circumstance beyond the reasonable control of such Cloud Energy. In such cases, performance by Cloud Energy of this limited warranty shall be suspended without liability for the period of delay reasonably attributable to such causes.