Common use of Exclusions and Limitations Clause in Contracts

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

Appears in 8 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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Exclusions and Limitations. The aforementioned “This Global Limited Warranty” Warranty does not apply to any Products which have been subjected subject to: a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules module on the market provided that even though (i), ) the payment was due and (ii) the Buyer direct customer who has obtained the modules module from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulesmodule. In case that Xxxxxx Xxxxx Solar can reject the claim claims under this warranty Global Limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty Global Limited Warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity provide proof of this Limited Warranty pursuant to Sec 10purchase or product information; c) Failure to comply with the requirements of Xxxxx Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix; d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Xxxxx Solar’s applicable user manual or other applicable local laws and regulations of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations regula- tions at the place of installation; df) The Change, erasure or illegible-made of the Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structuresoffshore- structures(except water surface floating systems pursuant to Sec 2) ; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; k) unauthorized modifications: i) exposure to any Operation/maintenance by use of the following: unauthorized spare parts; ii) Application under extreme thermal or environmental conditions or rapid changes in such conditions, environments result- ing in corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing affected by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other products; iii) Other acts beyond Peimar’s Xxxxx Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.); l) Use of the Products in such a manner as to infringe Xxxxx Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.); m) Any subsequent sale of the Products from a country where Xxxxx Solar was first marketed to another country without the consent of Xxxxx Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of Xxxxx Solar. However, the consent of Xxxxx Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU. n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers. o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers. p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.

Appears in 7 contracts

Samples: Global Limited Warranty, Global Limited Warranty, Global Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxxthe requirements of Xxxxx Solar’s installation user manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control (including damage by fire, flood, hurricane, etc.); j) use of the Products in such a manner as to infringe Xxxxx Xxxxx’s or any third party`s intellectual property rights (e.g. patents, trademarks). Parallel importation, which is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Xxxxx Xxxxx’s intellectual property rights. This does not apply for sales within the European Union: such sales from one Member State to another Member State do not require the consent of Xxxxx Solar; whereas sales from outside the European Union into the European Union require such consent of Xxxxx Solar k) Only for buyers located in Australia applies: The "Limited Warranty" is only valid for products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized Australian resellers. l) Only for buyers located in the US applies: The "Limited Warranty" is only valid for products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized US resellers.

Appears in 6 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with XxxxxxXxxxx Solar’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control (including damage by fire, flood, etc.); j) use of the Products in such a manner as to infringe Xxxxx Solar`s or any third party`s intellectual property rights (e.g. patents, trademarks). Parallel importation, which is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Xxxxx Xxxxx`s intellectual property rights. This does not apply for sales within the European Union: such sales from one Member State to another Member State do not require the consent of Xxxxx Solar; whereas sales from outside the European Union into the European Union require such consent of Xxxxx Solar k) Only for buyers located in Australia applies: The "Limited Warranty" is only valid for products from authorised Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorised Australian resellers. l) Only for buyers located in the US applies: The "Limited Warranty" is only valid for products from authorised US resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorised US resellers.

Appears in 6 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to provide proof of purchase or product information; c) Failure to comply with Xxxxxxthe requirements of Xxxxx Solar’s installation user manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; cd) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Trina’s applicable User Manual or other applicable local laws and regulation of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; df) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structuresstructures (except floating system and fishing light complementary system); fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; i; k) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing : i) Unauthorized modifications/operation/maintenance by use of unauthorized spare parts, accident, force ; ii) Operation/maintenance by use of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.)unauthorized spare parts;

Appears in 5 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with XxxxxxXxxxx Solar’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control (including damage by fire, flood, etc.); j) use of the Products in such a manner as to infringe Xxxxx Solar`s or any third party`s intellectual property rights (e.g. patents, trademarks), e.g. a subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, except in case of sales within the European Union: such sales within one Member State of the European Union or from one Member State to another Member State do not require the consent of Xxxxx Solar, whereas sales from outside the European Union into the European Union require such consent of Xxxxx Solar.

Appears in 5 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with XxxxxxXxxxx Solar’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control (including damage by fire, flood, etc.); j) use of the Products in such a manner as to infringe Xxxxx Xxxxx’s or any third party`s intellectual property rights (e.g. patents, trademarks). Parallel importation, which is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Xxxxx Xxxxx’s intellectual property rights. This does not apply for sales within the European Union: such sales from one Member State to another Member State do not require the consent of Xxxxx Solar; whereas sales from outside the European Union into the European Union require such consent of Xxxxx Solar k) Only for buyers located in Australia applies: The "Limited Warranty" is only valid for products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized Australian resellers. l) Only for buyers located in the US applies: The "Limited Warranty" is only valid for products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized US resellers.

Appears in 4 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to provide proof of purchase or product information; c) Failure to comply with Xxxxxxthe requirements of Xxxxx Solar’s installation user manual and rules application for products listed under Sec. 1 (as detailed in clause 2) applicable during the Validity of this Limited Warranty pursuant to Sec 10; cd) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Trina’s applicable User Manual or other applicable local laws and regulation of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; df) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; i; ii) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing Operation/maintenance by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. 3.1 In any event, all warranty claims must be received by Aptos within the (respective) Warranty Period for this Limited Warranty to be effective. 3.2 The aforementioned “Limited Product Warranty” does and the “Limited Peak Power Warranty” do not apply to any Products which have been subjected to a) Failure defects in Modules to pay the purchase price towards Peimar extent Aptos can reasonably demonstrate that the defects arose from the following:  Misuse, abuse, neglect or its subsidiaries which have put the modules on the market provided that (i)accident in storage or transportation, the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price handling, installation, application, alteration, use or parts service of the purchase price. Xxxxxx must inform Modules not in accordance with the Buyer about the non- payment Installation and provide the name and the full address User Manual;  Removal of the Direct Customer which has failed to pay Modules and reinstallation at a new site;  Installation of the modules. In case that Xxxxxx can reject the claim under this warranty based Modules on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible mobile platforms (other than by any act single- or omission of Peimar); edual-axis trackers) The Product’s installation on mobile units or in a marine environment; direct contact with corrosive agents or saltwater; pest damage; or malfunctioning system components (except photovoltaic tracking system)other than the Modules) and other operating conditions, such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components which are not expressly allowed in the construction on which the module is mounted; h) exposure to mold discoloration Installation and User Manual;  Repair or similar external effects; i) exposure to any modification of the following: extreme thermal or environmental conditions or rapid changes in such conditionsModules by someone other than an approved service technician of Aptos;  Electrical surges, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by firelightning, flood, etcfire, vandalism, tampering, accidental breakage, mold discoloration, or other events that could not reasonably be known or understood at the time the Customer purchased the Modules;  Faulty wiring work, faulty installation work or faulty handling during such work;  Power failure, power surge, lightning, flood, accidental damage or force majeure; and  Operation under ambient conditions or using methods deviating from the Installation and User Manual. In addition, the Limited Warranty does not cover cosmetic blemishes associated with installation, or the normal wear and tear of the Modules. 3.3 Both “Limited Product Warranty” and “Limited Peak Power Warranty” do not cover any costs associated with installation, removal or re-installation of the Modules. 3.4 Warranty claims will not be honored if the type or serial number of the Modules have been altered, removed or made illegible. 3.5 The following damages are excluded from this Limited Warranty:  Micro-cracks which may develop in the cell of the Module as a result of incorrect transportation, installation and operation;  Different coloring and shading;  Any deterioration in appearance of the Modules (including any scratches, stains, mechanical wear, rust, or mold);, or any other changes to the Modules which occur after delivery to Customer. 3.6 A claim in the event of glass breakage arises only to the extent that there was no external cause of the breakage.

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to provide proof of purchase or product information; c) Failure to comply with Xxxxxxthe requirements of Xxxxx Solar’s installation user manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; cd) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Trina’s applicable User Manual or other applicable local laws and regulation of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; df) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; ik) exposure Exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing : i) Unauthorized modifications; ii) Operation/maintenance by use of unauthorized spare parts; iii) Application under extremely hot or extreme environmental conditions, accidentor rapid changes in such application environments, force of nature (such as lightning strikeresulting in corrosion, earthquake)oxidation, influence from or affected by chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.)products;

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” This limited Warranty does not apply to any Products which have been subjected subject to: a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules module on the market provided that even though (i), ) the payment was due and (ii) the Buyer direct customer who has obtained the modules module from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulesmodule. In case that Xxxxxx Xxxxx Solar can reject the claim claims under this warranty limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty limited Warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity provide proof of this Limited Warranty pursuant to Sec 10purchase or product information; c) Failure to comply with the requirements of Xxxxx Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix; d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Xxxxx Solar’s applicable user manual or other applicable local laws and regulations of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations regula- tions at the place of installation; df) The Change, erasure or illegible-made of the Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structuresoffshore- structures(except water surface floating systems pursuant to Sec 2) ; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; k) unauthorized modifications: i) exposure to any Operation/maintenance by use of the following: unauthorized spare parts; ii) Application under extreme thermal or environmental conditions or rapid changes in such conditions, environments result- ing in corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing affected by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other products; iii) Other acts beyond Peimar’s Xxxxx Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.); l) Use of the Products in such a manner as to infringe Xxxxx Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.); m) Any subsequent sale of the Products from a country where Xxxxx Solar was first marketed to another country without the consent of Xxxxx Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of Xxxxx Solar. However, the consent of Xxxxx Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU. n) only for Buyers located in Australia applies: This limited Warranty is only valid for Products from au- thorized Australian resellers. Buyers may contact the Customer Support office in their region (as de- tailed in Sec. 8)) for details of authorized Australian resellers. o) only for Buyers located in the US applies: This limited Warranty is only valid for Products from author- ized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers. p) only for Buyers located in Japan applies: This limited Warranty is only valid for Products from au- thorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to provide purchase vouchers or product information; c) Failure to comply with Xxxxxxthe requirements of Xxxxx Solar’s installation user manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; cd) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance personnel who do not meet the requirements of the user manual and are considered unqualified according to the laws and regulations of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; df) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; ik) exposure Exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized : i) Unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts; ii) Application under extremely hot or extreme environmental conditions, accidentor rapid changes in such application environments, force of nature (such as lightning strikeresulting in corrosion, earthquake)oxidation, influence from or affected by chemical products or other products; iii) Other acts beyond PeimarXxxxx Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning , earthquake , heavy snowfall, hailstone, strong breeze,etc.); l) Use of the Products in such a manner as to infringe Xxxxx Solar’s or any third party`s intellectual property rights (Including but not limited to patents, trademarks, etc); m) Prohibition of parallel importation, which is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country. This does not apply for sales within the European Union: such sales from one Member State to another Member State do not require the consent of Xxxxx Solar; whereas sales from outside the European Union into the European Union or sales from the European Union into the outside European Union require the prior consent of Xxxxx Solar n) Only for buyers located in Australia applies: The "Limited Warranty" is only valid for products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized Australian resellers. o) Only for buyers located in the US applies: The "Limited Warranty" is only valid for products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized US resellers. p) Only for buyers located in Japan applies: The "Limited Warranty" is only valid for products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized Japanese resellers.

Appears in 2 contracts

Samples: Limited Warranty, Limited Warranty

Exclusions and Limitations. a) The aforementioned Twelve Years Limited Product Warranty” and the “Guaranteed Peak Power Output Limited Warranty” does do not apply when: i) The PV Modules are improperly installed, wired, maintained, or are subjected to any Products which have been subjected toinadequate system design, auxiliary instrument, device of the photovoltaic power system; a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar The PV Modules are subjected to inappropriate handling, including but not limited to handling during transportation or one of its distributors (Direct Customer) is not entitled to withhold the purchase price storage, abuse, neglect, vandalism, vermin or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claimsaccident; biii) Failure to comply with Xxxxxx’s The PV Modules are moved from its original installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10location, uninstalled, reinstalled or otherwise altered; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; div) The Product's typePV Modules are installed in an environment which exceeds “Standard Operating Conditions” as defined in product specifications and installation manual, nameplate installed in a mobile or module serial number is changedmarine environment, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure subjected to voltage in excess to the maximum system improper voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure , or subjected to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or abnormal environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strikeacid rain, earthquake), influence from chemical products salt damage or other acts beyond Peimar’s reasonable control (corrosive chemical); v) The PV Modules are subjected to inappropriate maintenance, including damage maintenance by an unauthorized service technician or in non-conformance with Hanwha SolarOne's installation manual; vi) The PV Modules are subjected to external accidents or forces such as animals, fire, floodexplosion, and civil disorder; vii) The PV Modules are subjected to other unforeseen circumstances or causes outside Xxxxxx XxxxxXxx's reasonable control, including but not limited to, electrical surges, lightning, earthquakes, typhoons, hurricanes, tornadoes, volcanic action, floods, tsunami, snow damage, heavy hail, etc; viii) The manufacture of the PV Modules is in accordance to the design, technical drawings, formulae or other specifications furnished by the Buyer; or ix) Any warranty claim, in any event, is not submitted to Hanwha SolarOne within the applicable warranty period.); b) The Buyer shall carry the burden of proof to prove that it is eligible for coverage and that none of the exclusions and limitations listed in this Chapter III shall apply.

Appears in 2 contracts

Samples: Limited Warranty, Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with XxxxxxXxxxx Solar’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control (including damage by fire, flood, etc.); j) use of the Products in such a manner as to infringe Xxxxx Xxxxx’s or any third party`s intellectual property rights (e.g. patents, trademarks). Parallel importation, which is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Xxxxx Xxxxx’s intellectual property rights. This does not apply for sales within the European Union: such sales from one Member State to another Member State do not require the consent of Xxxxx Solar; whereas sales from outside the European Union into the European Union require such consent of Xxxxx Solar k) Only for buyers located in Australia applies: The "Limited Warranty" is only valid for products from authorised Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorised Australian resellers. l) Only for buyers located in the US applies: The "Limited Warranty" is only valid for products from authorised US resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorised US resellers.

Appears in 2 contracts

Samples: Limited Warranty, Limited Warranty

Exclusions and Limitations. 1.1 The aforementioned “Limited Warranty” does LIMITED WARRANTY of PV MODULE is not apply to applicable if any Products which have been subjected toof follow condition was determined by our company, at its sole discretion, such as: a) Failure Improperly operated or improperly used b) Presume to pay modify the purchase price towards Peimar installation program c) Negligence with storage, transportation or its subsidiaries which have put the modules on the market other transshipment d) Damaged by repaired or modified (in whatever manner) by anyone without written consent by our company e) Installed not in accordance with module installation instruction provided that by our company f) Installed by a person without a proper accreditation or licenses, such as CEC Accredited Installer license (ifor Australia), the payment and Electrician license to work with PV modules g) Module was due used outside of its designed purpose h) Damaged directly or indirectly i) by other parts and (components other than its own ii) the Buyer who has obtained the modules from Peimar due to negligence in workmanship during assembly or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts installation of the purchase price. Xxxxxx must inform solar system 1.2 Modules has been removed from original installed location and system are excluded from the Buyer about the non- payment and provide the name and the full address Limited Warranty i. e. second hand modules. 1.3 Further exclusions of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this limited warranty based on this provisioninclude following case: a) Caused by external impacts, for example, the Buyer can deposit system components (such as bypass diodes, junction box, connector, etc.) coupled with the amount not paid in order to trigger module(s) non-by our company, or the warranty claimsmodule(s) defects caused by defective system design, configuration, and structure diagram or installation program; b) Failure to comply with Xxxxxx’s installation manual applicable Caused by faulty wiring or installation, or faulty handling during the Validity of this Limited Warranty pursuant to Sec 10these modules work; c) Service Caused by service technicians who are not qualified under operation in inappropriate environment or with inappropriate methods, which deviates from the relevant law and/or applicable regulations at the place of installationinstructions in product specification, or operational manual or product label; d) The Product's typePerformance loss caused by other external impacts such as mud or leaves on the front glass, nameplate shade, pollution or module serial number is changeddamage due to smoke, erased or made illegible (other than by any act or omission of Peimar)salt, acid rain, etc.; e) The Product’s installation Caused by use on mobile units (except photovoltaic tracking system), objects such as vehiclesautomobiles, ships or offshore-structuresship, etc.; f) Exposure to voltage in excess to Caused by force of nature, force majeure, or other unforeseeable circumstances outside of the maximum system voltage or power surgesrange of the influence of our company, for instance, earthquake, typhoon, whirlwind, volcanic eruption, flood, lightening, fire, war, riot, strike, hail and etc.; g) Defective components Caused by customer specified material or by customer provided OEM material, or caused by customer specified design, not by process. 1.4 These “Limited Warranties for 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 construction on which part of our company, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by our company. 1.5 Under no circumstances shall our company be liable for incidental, consequential, punitive or special loss or damages, howsoever caused. 1.6 Limited warranty does not bear the module is mounted; hfollowing costs: including but not limited to the costs of module(s) exposure to mold discoloration installation, dismantling, re-installation and/ or similar external effects; i) exposure to any removal, the storage costs of unrepaired or repaired module(s), the costs of product land transport, the costs incurred by self-arrangement-test, the customs clearance, reputation value or other costs for return of the following: extreme thermal module(s). 1.7 Our company’s aggregate liability, if any, in damages or environmental conditions otherwise, shall not exceed the invoice value as paid by the customer, for the single unit of module. 1.8 If the module(s) type/ serial number has been altered, moved or rapid changes in such conditionscannot be identified, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etcthen the customer will no longer have the appropriate warranty.);

Appears in 1 contract

Samples: Warranty Agreement

Exclusions and Limitations. The aforementioned “Limited Warranty” This warranty does not apply (a) to faulty and improper maintenance, service, repair andƒor alteration in any way that is not contemplated in the documentation for the product or carried out with MSS’s consent in writing, operational adjustments covered in the operating manual for the product or normal maintenance, (b) to cosmetic damages, (c) if the product is modified or tampered with, (d) if the product is damaged by acts of God, misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions (including, but not limited to, electrical surges, water damage, chemical exposure, andƒor heatƒcold exposure) or lack of responsible care, (e) if the product has had the model or serial number altered, defaced or removed, (f) to consumables (such as storage media or batteries) (g) to products that have been purchased “as is” and MSS, the seller or the liquidator expressly disclaim their warranty obligation pertaining to the product, (h) to any Products which have been subjected to anon−MSS ACS hardware product or any software (irrespective if packaged or sold with an MSS hardware product) Failure and MSS products purchased from an unauthorized distributorƒreseller,(i) to pay damage that occurs in shipment or (j) to damages by any other causes not related to defective design, workmanship andƒor materials. All Inquiries for RMA and Warranty Repair should be directed to the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i)following: McKinney Security Systems, the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx LLC X.X. Xxx 0000 Xxxxx, XX 00000 Phone: 000.000.0000 Fax: 000.000.0000 • The product must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) be serviced by a manufacturer’s authorized service technician • Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the followingaforementioned requirements will invalidate this Limited Hardware Warranty. Xxxx Xxxxxxxxx, President Date Notary Public, State of Texas Date To: extreme thermal For: McKinney Security Systems’ (“MSS”) warranty obligations are limited to the terms set forth below: MSS warrants the original purchaser that the MSS Network Video Product (“NVP”) enclosed with this limited hardware warranty will in respect of the hardware be free from defects in design, workmanship and materials under normal use for a period of one (1) year from the date of substantial completion, August 1, 2017, (“Warranty Period”). The original purchaser shall without undue delay notify MSS of any defect which appears according to MSS RMA Handling procedure. If a valid claim is received within the Warranty Period, the sole remedy of the original purchaser and MSS’s sole and exclusive liability shall be limited to, at MSS’s sole discretion, MSS will repair or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use replace defective parts of unauthorized spare the MSS camera with new parts, accidentor with serviceable used parts that are superior or equivalent in performance to new parts, force without charge. Repaired or replacement hardware will be warranted for the remainder of nature the original Warranty Period or ninety (such as lightning strike90) days, earthquake)whichever is longer. When a product or part is exchanged, influence from chemical products the replacement hardware becomes the property of the original purchaser and all hardware or other acts beyond Peimar’s reasonable control (including damage part thereof that is replaced shall become the property of MSS. This Limited Warranty is applicable in all countries and may be enforced by fire, flood, etccontacting MSS.);

Appears in 1 contract

Samples: Vendor Agreement

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Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to provide proof of purchase or product information; c) Failure to comply with Xxxxxxthe requirements of Xxxxx Solar’s installation user manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; cd) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Trina’s applicable User Manual or other applicable local laws and regulation of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; df) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; i; ii) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing Operation/maintenance by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to: a1) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims;subsidiaries. b2) Failure to comply with Xxxxxx’s Xxxxx Solar User installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 1010 ; c3) The fault is the result of Customers' Negligence ,irrelevant operation ,improper commissioning or transport, insufficient ventilation; Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d4) The Product's type, nameplate ,label or module products serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e5) Product modified, design changed or parts replaced not approved by Xxxxx Solar Such as unauthorized modification on the hardware or software of components or attempted repair and disassembly;. 6) Failure to comply with the safety regulations (e.g. VDE standards IEC Local country grid code, etc.). 7) Improper transport, storage, assembly, testing, commissioning, operation, maintenance, insufficient ventilation or other Buyer's negligence or theft; 8) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f9) Exposure to voltage in excess to the maximum system voltage or power surges; g10) Defective components in the construction on which the module is mounted;products are mounted ,including but not limited to roof load doesn’t meet Installation requirement ; The product faults and damages due to neighboring devices beyond warranty period or not belong to Xxxxx Residential PV Kits System. h11) exposure The Products didn’t remain installed in their original installation location. 12) Exposure to mold discoloration or similar external effects; Normal wear and tear on enclosure of devices; Aesthetic aspects that do not affect the performance of the follower; i13) exposure Exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, flood, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control . 14) Use of the Products in such a manner as to infringe Xxxxx Xxxxx’s or any third party`s intellectual property rights (including damage by firee.g. patents, floodtrademarks). Parallel importation, etcwhich is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Xxxxx Xxxxx’s intellectual property rights.);

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does a. CenTrak’s obligations under this Exhibit, shall not apply to (i) CenTrak Products or components thereof that are normally consumed in operation, or have a normal life inherently shorter than the Warranty Period; (ii) defects in the CenTrak Products that are the result of improper storage or use by Customer or End Users (including, without limitation, (A) operation of the CenTrak Products outside the environmental, hardware or software parameters defined in the CenTrak Documentation, and (B) failure to install properly all releases made available by CenTrak with respect to the Licensed Software and all updates recommended by CenTrak and/or manufacturer, as applicable, with respect to any third party software or hardware products (including but not limited to operating system software) that materially affect the performance of the Licensed Software or CenTrak Equipment); (iii) CenTrak Products for which installation, commissioning, use or maintenance has not been performed by CenTrak certified technicians; (iv) defects resulting from other hardware or software (including but not limited to operating systems, servers, networks, and third party software) not supplied by CenTrak; (v) CenTrak Products, that due to no fault of CenTrak, have been subjected to any other kind of misuse or detrimental exposure not attributable to CenTrak; (vi) CenTrak Products or Licensed Software modified, altered, repaired, or relocated by any party other than CenTrak or CenTrak’s agents without CenTrak’s prior written consent; (vii) the Licensed Software not being used in conjunction with the CenTrak Equipment purchased under this Agreement; (viii) CenTrak Products for which the CPS is not being properly utilized; (ix) when End User does not perform the End User responsibilities described in Exhibit F; (x) products, equipment or software not supplied by CenTrak; or (xi) system operational characteristics which may be affected by the pre-existing Customer site constraints and/or environment situations such as (but not limited to ) RF interference, metallic building infrastructure or materials, inter-device interference, and system design issues, or which may arise as a direct or indirect result of the physical placement of the devices in the End User’s premises. Without limiting the foregoing the following will void all warranties in a CenTrak Product: (a) Failure physical damage (e.g. impact, cut, puncture, extreme washing, extended time underwater, corrosive chemical contact, running thru washing machine); (b) incorrect battery replacement (see “Tag Battery Replacement Procedure” on CenTrak’s End User website); (c) opening of tag by an untrained person (see “Tag Battery Replacement Procedure” on CenTrak’s End User website); (d) using unapproved cleaning material to pay clean tags (see CenTrak’s manual “How to Care and Safely Clean Tags”); b. Notwithstanding anything to the purchase price towards Peimar contrary herein, CenTrak does not warrant the uninterrupted or its subsidiaries which error free use of the CenTrak Products or that the CenTrak Products will operate with any hardware or software not specified in the CenTrak Documentation or with Customer or third party equipment, hardware or software. In addition, CenTrak shall have put the modules on the market provided that no obligations to Customer under this Agreement if Customer (i), ) does not notify CenTrak within 24 hours of any defect within the payment was due and Warranty Period; (ii) does not promptly pay all amounts due under the Buyer who has obtained the modules from Peimar Agreement; or one of its distributors (Direct Customeriii) is not entitled to withhold the purchase price or parts in default of any material provision of the purchase priceAgreement or its Exhibits and Attachments. c. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS EXHIBIT, CENTRAK MAKES NO ADDITIONAL WARRANTY, EXPRESS OR IMPLIED, AND THE CENTRAK PRODUCTS ARE DELIVERED “AS IS”. Xxxxxx must inform CENTRAK DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, Customer acknowledges that CenTrak does not represent, warrant or covenant that it is or will be familiar with Customer’s or End User’s environment or any Customer or third party products or technologies with which the Buyer about CenTrak Products may be combined and that, other than setting forth applicable restrictions on use herein and in the non- payment and provide CenTrak End User License Agreement, CenTrak does not control, or have knowledge of, the name and the full address use of the Direct CenTrak Products by Customer or End User. THE CENTRAK PRODUCTS ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, NOR SHOULD THEY BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. d. Certain of the CenTrak Products have been designed for use to assist in the prevention of elopements (wander prevention) and abductions (infant protection), personnel and/or patients in summoning help when they may be under personal duress (call point and call assist), in the location of assets and/or prevent the loss of an asset, in monitoring temperatures (temperature tags) and/or hand hygiene. CenTrak elopement and abduction prevention products when used and maintained properly, can provide information and alarm notification to alert the End User’s staff that a tag has either penetrated a protected portal and/or has been tampered with (applies to supervised tags only). The range, accuracy, function, and performance of CenTrak Products may vary from the CenTrak Documentation due to many factors, including, without limitation, operational conditions, site impairments from structural effects, metal objects in the vicinity, placement of the receivers and transmitters, interference from other electrical devices, atmospheric effects, installation, and maintenance. There may be other factors, which has failed also affect performance of CenTrak Products. CenTrak cannot guarantee that patients will not elope or be abducted, an asset not be located or lost, personnel and/or patients not be located, or reported when they call for assistance, temperature status or hand washings be missed, miscounted, and/or mismeasured. CenTrak cannot guarantee that CenTrak Products will not return false reporting of elopement, abduction, loss or mislocation of assets, personnel and/or patient duress attempts or events, temperature and/or hand hygiene events. Monthly testing and maintenance for the CenTrak Products, as supplied and presented in the applicable CenTrak Documentation, is essential to pay verify the system is operating correctly and to ensure that the probability of detecting an alarm and locating the tag are maximized. Failure to undertake regular testing or problem detection and lack of consistent testing and maintenance by the End User will increase the risk of not identifying a system failure and could result in failing to detect abduction, loss of assets, elopement, personnel and/or patient duress attempts or events, temperature and/or hand hygiene events. Failure to undertake regular testing or problem detection and lack of consistent testing and maintenance by the End User will increase the risk of false reporting of elopement, abduction, loss or mislocation of assets, personnel and/or patient duress attempts or events, temperature and/or hand hygiene events. The quoted CenTrak Products are intended to provide additional safeguards to assist the End User in the prevention of events such as infant abductions, wandering patients, patient and personnel duress events, theft, temperature misalignments, hand hygiene failures, or any other events described in the applicable CenTrak Documentation. CenTrak advocates that companies and healthcare facilities establish a comprehensive program of policy and procedures; education of and teamwork by staff, security, and risk-management personnel; and coordination of various elements of physical and electronic security. 1. OPTIONAL EQUIPMENT AND SERVICES Magnetic door locks, voice annunciators, Piezo, strobe lights, select sound modules, audible alarms or any other annunciation devices are not included unless specified within the quotation page. In case that Xxxxxx can reject It is the claim under this warranty based on this provision, responsibility of the Buyer can deposit End User to determine if the amount not paid device and/or services contained within the quotation page meet local facility and/or code requirements. There may be an additional charge for equipment substitutions or the provision of additional services which may be necessary in order to trigger satisfy applicable code requirements. The quotation may be revised to address these types of equipment or labor changes any time before a purchase order has been received by CenTrak. Should the warranty claims; b) Failure End User choose to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible use existing equipment (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, floode.g. magnetic door locks, etc.) they are responsible for that equipment being in proper working order, code compliant and they are of a type compatible with the CenTrak system. Please note that End User supplied equipment is not covered under the CenTrak Warranty. 2. DIGITAL CAD DRAWINGS The End User is required to provide the applicable digital CAD drawings in a mutually agreeable format to CenTrak with the purchase order where applicable. These CAD drawings will be used to layout the system components as well as integrated into certain CenTrak applications as digital floor plans. The Licensed Software has the ability to display the status of monitored patients (infants, pediatrics, and neonatal, wandering patients);, staff and equipment on the converted digital floor plans. If digital CAD drawings are not available CenTrak can either scan in a paper image or can recreate, in a digital CAD, the floor plan for the customer at a cost of $150.00 per hour, which will be added to the quotation.

Appears in 1 contract

Samples: End User License Agreement

Exclusions and Limitations. The aforementioned above mentioned “Limited Warranty” does not apply to any Products which have been subjected to: a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained bought the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can Peimar reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service Installation and/or mantainance services by/provided by service specialized technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's typeRemoval, nameplate alteration, deletion or module unrecognizability of the serial number is changed, erased or made illegible label of the Product (other than unless omitted by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure Exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing openings or repairs by use of using unauthorized spare parts, accident, force of nature (such as lightning lightning, strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “5.1 Warranty claims are effective only if filed within the applicable warranty period. 5.2 This Limited Warranty” Warranty does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Product malfunctions or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules other problems arising from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure related to any of the following: extreme thermal installation done improperly, installation done by persons that are not qualified experts, or environmental conditions installation not in accordance with prudent electrical practices; improper mounting and/or set-up on unsuitable substructures based on non-compliance with static requirements; improper or rapid changes in such insufficient system layout and/or configuration; improper handling; operation under unfavorable ambient conditions, corrosionincluding but not limited to conditions deviating from applicable specifications, oxidationmanuals or rating plate data; influences such as dirt on the front pane, unauthorized modifications contamination or connectionsdamage due to climatic conditions, unauthorized openingsmoke, servicing by salt, corrosion or similar circumstances, unless exceptions are expressly permitted according to the technical specifications of Supplier; the use of unauthorized spare parts, accident, force of nature (any Product on mobile units such as lightning strikevehicles, earthquake)ships, influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by firebuoys, floodoffshore structures, etc., unless exceptions are expressly permitted by the technical specifications of Supplier; any commissioning or operation under ambient conditions and operating modes inconsistent with the Product’s intended use; improper transportation; non-observance of rating plate data; negligent or improper maintenance (including but not limited required periodic function checks);; improper Product configuration(s) or unsuitable measuring and testing procedures; glass breakage and/or glass damage and/or other external impacts; contact with chemicals or other similar substances; cosmetic defects stemming from normal wear and tear of Product materials; any uncontrollable circumstance force majeure, including but not limited to earthquakes, hurricanes; severe winds, volcanic eruptions, floods, landslides, frost, damage by hail or snow, avalanches, flying objects, direct and/or indirect lightning strikes, vandalism and/or theft and/or other uncontrollable events. 5.3 To the extent not prohibited under applicable law, this Limited Warranty does not cover any transportation costs for return of the Product, or for reshipment of any repaired or replaced Product, or cost associated with installation, removal or reinstallation of the Product. 5.4 Warranty claims will not apply if the type or serial number of the Product is altered, removed or made illegible.

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules on the market provided that even though (i), the payment was due and (ii) the Buyer direct customer who has obtained the modules from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Xxxxx Solar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s Xxxxx “xxxx’x installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond PeimarXxxxx Solar’s reasonable control (including damage by fire, flood, etc.); j) use of the Products in such a manner as to infringe Xxxxx Xxxxx’s or any third party`s intellectual property rights (e.g. patents, trademarks). Parallel importation, which is defined as subsequent sale without the consent of Xxxxx Solar from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Xxxxx Xxxxx’s intellectual property rights. This does not apply for sales within the European Union: such sales from one Member State to another Member State do not require the consent of Xxxxx Solar; whereas sales from outside the European Union into the European Union require such consent of Xxxxx Solar k) Only for buyers located in Australia applies: The "Limited Warranty" is only valid for products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized Australian resellers. l) Only for buyers located in the US applies: The "Limited Warranty" is only valid for products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in clause 7) for details of authorized US resellers.

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” This limited Warranty does not apply to any Products which have been subjected subject to: a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules module on the market provided that even though (i), ) the payment was due and (ii) the Buyer direct customer who has obtained the modules module from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulesmodule. In case that Xxxxxx Xxxxx Solar can reject the claim claims under this warranty limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty limited Warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity provide proof of this Limited Warranty pursuant to Sec 10purchase or product information; c) Failure to comply with the requirements of Xxxxx Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix; d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Xxxxx Solar’s applicable user manual or other applicable local laws and regulations of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; df) The Change, erasure or illegible-made of the Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structuresoffshore- structures(except water surface floating systems pursuant to Sec 2) ; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; k) unauthorized modifications: i) exposure to any Operation/maintenance by use of the following: unauthorized spare parts; ii) Application under extreme thermal or environmental conditions or rapid changes in such conditions, environments resulting in corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing affected by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other products; iii) Other acts beyond Peimar’s Xxxxx Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.); l) Use of the Products in such a manner as to infringe Xxxxx Solar’s or any third party`s intellectual property rights (including but not limited to patents, trademarks, etc.); m) Any subsequent sale of the Products from a country where Xxxxx Solar was first marketed to another country without the consent of Xxxxx Solar ("Prohibition of Parallel Import"). But the Prohibition of Parallel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of Xxxxx Solar. However, the consent of Xxxxx Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU. n) only for Buyers located in Australia applies: This limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers. o) only for Buyers located in the US applies: This limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers. p) only for Buyers located in Japan applies: This limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” This limited Warranty does not apply to any Products which have been subjected subject to: a) Failure to pay the purchase price towards Peimar Xxxxx Solar or its subsidiaries which have put the modules module on the market provided that even though (i), ) the payment was due and (ii) the Buyer direct customer who has obtained the modules module from Peimar Xxxxx Solar or one of its distributors subsidiary (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx Xxxxx Solar must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulesmodule. In case that Xxxxxx Xxxxx Solar can reject the claim claims under this warranty limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty limited Warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity provide proof of this Limited Warranty pursuant to Sec 10purchase or product information; c) Failure to comply with the requirements of Xxxxx Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix; d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by Xxxxx Solar’s applicable user manual or other applicable local laws and regulations of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regulations regula- tions at the place of installation; df) The Change, erasure or illegible-made of the Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of PeimarXxxxx Solar); eg) The Product’s installation Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structuresoffshore- structures(except water surface floating systems pursuant to Sec 2) ; fh) Exposure to voltage in excess to the maximum system voltage or power surges; gi) Defective defective components in the construction on which the module is mounted; hj) exposure Exposure to mold discoloration or similar external effects; k) unauthorized modifications: i) exposure to any Operation/maintenance by use of the following: unauthorized spare parts; ii) Application under extreme thermal or environmental conditions or rapid changes in such conditions, environments result- ing in corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing affected by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other products; iii) Other acts beyond Peimar’s Xxxxx Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.); l) Use of the Products in such a manner as to infringe Xxxxx Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.); m) Any subsequent sale of the Products from a country where Xxxxx Solar was first marketed to another country without the consent of Xxxxx Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of Xxxxx Solar. However, the consent of Xxxxx Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU. n) only for Buyers located in Australia applies: This limited Warranty is only valid for Products from au- thorized Australian resellers. Buyers may contact the Customer Support office in their region (as de- tailed in Sec. 8)) for details of authorized Australian resellers. o) only for Buyers located in the US applies: This limited Warranty is only valid for Products from author- ized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers. p) only for Buyers located in Japan applies: This limited Warranty is only valid for Products from au- thorized Japanese resellers. Buyers may contact the Customer Support office in their region (as

Appears in 1 contract

Samples: Limited Warranty

Exclusions and Limitations. The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx Peimar can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's ’s type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

Appears in 1 contract

Samples: Limited Warranty

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