Common use of Exclusion of Warranty Clause in Contracts

Exclusion of Warranty. a) If Customer fails to procure log data, or if Product is installed in the environment with no internet connection, thereby rendering the Product offline, any repair or replacement of such Product shall be at Customer’s cost. For the avoidance of any doubt, this Limited Warranty shall not apply in the aforementioned circumstances. Failure of procuring log data will be such as loss of web connection and/or saving data to Product as Q CELLS required. b) Q CELLS shall not be liable for indirect, incidental, consequential or special damages, howsoever caused, including, but not limited to, loss of use, loss of profits, loss of production, or loss of revenues. c) Other costs incidental to handling of defective Product, including, but not limited to, labor costs during the installation or disassembly for repair or replace Product, shall be borne by Customer. d) Q CELLS’s aggregate liability regarding each defective Product, if any, in damages or otherwise, shall not exceed one hundred percent (100%) of the invoice value as paid by the Customer per unit of defective Product. In the event the Customer is unable to provide the invoice, thereby the invoice value cannot be clearly determined, the original price that Q CELLS sold the defective Product at issue to the Distributor shall be the invoice value for the purpose of this Clause 7.d. e) The terms of this Limited Warranty are expressly in lieu of and exclude all other express or implied warranties, including, but not limited to, warranties of non-infringement, merchantability, fitness for particular purpose, use or application, and all other obligations or liabilities on the part of the Q CELLS, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Q CELLS. f) For the sake of clarity, any defect found in the components other than battery module will not be covered under the Performance Warranty, but will be exclusively handled in accordance with Clause 3 of this Limited Warranty, Product Warranty. Furthermore, any claims or demands by Customer based upon deficiencies in Performance Warranty by reason of failures in the components other than battery capacities (or battery SOH) will not be honored, and will be rejected after the expiration of period specified in Clause 3 of this Limited Warranty. g) Q CELLS shall not be liable for any issues arising out of removal, installation or disassembly of Product.

Exclusion of Warranty. a) If Customer fails to procure log data, or if Product is installed in the environment with no internet connection, thereby rendering the Product offline, any repair or replacement of such Product shall be at Customer’s cost. For the avoidance of any doubt, this Limited Warranty shall not apply in the aforementioned circumstances. Failure of procuring log data will be such as loss of web connection and/or saving data to Product as Q CELLS required. b) Q CELLS shall not be liable for indirect, incidental, consequential or special damages, howsoever caused, including, but not limited to, loss of use, loss of profits, loss of production, or loss of revenues. c) Other costs incidental to handling of defective Product, including, but not limited to, labor costs during the installation or disassembly for repair or replace Product, shall be borne by Customer. d) Q CELLS’s aggregate liability regarding each defective Product, if any, in damages or otherwise, shall not exceed one hundred percent (100%) of the invoice value as paid by the Customer per unit of defective Product. In the event the Customer is unable to provide the invoice, thereby the invoice value cannot be clearly determined, the original price that Q CELLS sold the defective Product at issue to the Distributor shall be the invoice value for the purpose of this Clause 7.d. e) The terms of this Limited Warranty are expressly in lieu of and exclude all other express or implied warranties, including, but not limited to, warranties of non-infringement, merchantability, fitness for particular purpose, use or application, and all other obligations or liabilities on the part of the Q CELLS, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Q CELLS. f) For the sake of clarity, any defect found in the components other than battery module will not be covered under the Performance Warranty, but will be exclusively handled in accordance with Clause clause 3 of this Limited Warranty, Product Warranty. Furthermore, any claims or demands by Customer based upon deficiencies in Performance Warranty by reason of failures in the components other than battery capacities (or battery SOH) will not be honored, and will be rejected after the expiration of period specified in Clause clause 3 of this Limited Warranty. g) Q CELLS shall not be liable for any issues arising out of removal, installation or disassembly of Product.

Exclusion of Warranty. a) If Customer fails to procure log data, or if Product is installed in the environment with no internet connection, thereby rendering the Product offline, any repair or replacement of such Product shall be at Customer’s cost. For the avoidance of any doubt, this Limited Warranty shall not apply in the aforementioned circumstances. Failure of procuring log data will be such as loss of web connection and/or saving data to Product as Q CELLS required. b) Q CELLS shall not be liable for indirect, incidental, consequential or special damages, howsoever caused, including, but not limited to, loss of use, loss of profits, loss of production, loss of data/information or loss of revenues. c) Q CELLS shall not be liable for any shipping, mishandling of product by freight carrier. d) Other costs incidental to handling of defective Product, including, but not limited to, labor costs during the installation or disassembly for repair or replace Product, shall be borne by Customer. de) Q CELLS’s aggregate liability regarding each defective Product, if any, in damages or otherwise, shall not exceed one hundred percent (100%) of the invoice value as paid by the Customer per unit of defective Product. In the event the Customer is unable to provide the invoice, thereby the invoice value cannot be clearly determined, the original price that Q CELLS sold the defective Product at issue to the Distributor shall be the invoice value for the purpose of this Clause 7.d7.e. ef) The terms of this Limited Warranty are expressly in lieu of and exclude all other express or implied warranties, including, but not limited to, warranties of non-infringement, merchantability, fitness for particular purpose, use or application, and all other obligations or liabilities on the part of the Q CELLS, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Q CELLS. fg) For the sake of clarity, any defect found in the components other than battery module will not be covered under the Performance Warranty, but will be exclusively handled in accordance with Clause 3 of this Limited Warranty, Warranty (Product Warranty). Furthermore, any claims or demands by Customer based upon deficiencies in Performance Warranty by reason of failures in the components other than battery capacities (or battery SOH) will not be honored, and will be rejected after the expiration of period specified in Clause 3 of this Limited Warranty. gh) Q CELLS shall not be liable for any issues arising out of removal, installation or disassembly of Product. i) This Limited Warranty for Q CELLS Product shall apply only to Products installed by Q CELLS authorized installer j) Q CELLS shall not be liable for any claims and/or damages arising from or in connection with following factors, and all costs incurred by Q CELLS for conducting the performance analysis shall be compensated by Customer: - Any shortfalls in performance due to or in connection with Customer’s improper usage, which deviates from Q CELLS’s operating instructions, product technical specification, installation guide, technical, and safety regulations applicable in the country in which the battery is being operated; or - Any shortfalls in performance due to external influences, including, but not limited to, air pollution, sea wind and sulfur corrosion, smoke, acid rain or other pollutants or persons (vandalism), forces of nature outside reasonable control of Q CELLS, such as fire, earthquake, storm lightening, or other abnormal environmental conditions (force majeure); or - Any shortfalls in performance due to defect or electrical effects from other device(s) which was not supplied by Q CELLS k) Q CELLS shall not be liable, and this Limited Warranty excludes Product that is not charged for more than 30 days for any reason whatsoever including but not limited to an isolation from the Grid, shutdown of X.XXXX for reason not attributable to X.XXXX itself l) Q CELLS Product is not intended for use as a primary or backup power source for life-support systems, other medical equipment, or any other use where Product failure could lead to injury to persons or loss of life or catastrophic property damage.