For EU. Notwithstanding anything to the contrary in this Limited Warranty, in the case that the PV Modules are subject to the Undertaking Agreement (as defined below), any replacement of the PV Modules due to warranty claims shall be subjected to the arrangements as stipulated in the Undertaking Agreement and/or other instructions enacted by European Commission. Yingli Solar hereby reserves its right to determine in accordance with the requirements of the Undertaking Agreement whether to replace the defected PV Modules or to refund the Customer an amount equal to the original price of defected PV Modules. The “Undertaking Agreement” refers to (EU) Regulation No. 423/2013 of 2 August 2013 “accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China” which exempts importer from paying anti- dumping duty on condition that net selling price will not be lower than a certain minimum import price accompanied with other undertaking obligations.
For EU. Notwithstanding anything to the contrary in this Limited Warranty, in the case that the green building materialss are subject to the Undertaking Agreement (as defined below), any replacement of the green building materialss due to warranty claims shall be subjected to the arrangements as stipulated in the Undertaking Agreement and/or otherinstructions enacted by European Commission. Gain Solar hereby reserves its right to determine in accordance with the requirements of the Undertaking Agreement whether to replace the defected green building materialss or to refund the Customer an amount equal to the original price of defected green building materialss.The "Undertaking Agreement" refers to (EU) Regulation No.423/2013 of 2 August 2013 “accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic green building materialss and key components (i.e. cells and wafers)originating in or consigned from the People' s Republic of China" which exempts importer from paying anti-dumping duty on condition that net selling price will not be lower than a certain minimum import price accompanied with other undertaking obligations.
For EU. Notwithstanding anything to the contrary in this Limited Warranty, in the case that the PV Modules are subject to the Undertaking Agreement (as defined below), any replacement of the PV Modules due to warranty claims shall be subjected to the arrangements as stipulated in the Undertaking Agreement and/or other instructions enacted by European Commission. Gain Solar hereby reserves its right to determine in accordance with the requirements of the Undertaking Agreement whether to replace the defected PV Modules or to refund the Customer an amount equal to the original price of defected PV Modules. The “Undertaking Agreement” refers to (EU) Regulation No.423/2013 of 2 August 2013 “accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of The Limited Product and Limited Power Warranties set forth herein shall be the sole and exclusive warranties granted by Gain Solar, and shall be the sole and exclusive remedies available to the Customer or other Claimant for any breach of warranty, express or implied. Provision of remedies, in the manner and for the periods described herein, shall constitute all the liabilities and responsibilities of Gain Solar to the Customer and each other Claimant with respect to the PV Modules. In no event will Gain Solar be liable for any consequential, incidental, special or punitive damages arising from or out of the PV Modules or their installation, use, performance or non-performance, or any defect or breach of warranty, whether based on contract, warranty, negligence, strict liability, or any other theory. Damages for loss of use, loss of profits, loss of revenues and loss of production are specifically disclaimed. Some States or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Under no circumstances shall Gain Solar’s liability for nonconforming PV Modules exceed the purchase price paid by the customer for the particular PV modules involved, plus reasonable transportation costs.
