Common use of Liability Exemptions Clause in Contracts

Liability Exemptions. The Supplier shall be free of any liability in the event that any defect of the Solar Modules is caused by or in connection to the Force Majeure. The Supplier and the Customer understands and agree that the Supplier shall free of liability in the event any obligations under this “Limited Warranty” is delayed or could not be provided because of the occurrence of the Force Majeure as defined under Clause 9 of this “Limited Warranty”. Save the stipulations under Clause 9, the Supplier and the Customer understand and agree that this "Limited Warranty" does not apply to any one of the following situations: ⚫ Module(s) which have been subject to improper installation, use and maintenance due to failure to comply with the relevant provisions of the Supplier's module installation manual, module technical specification and maintenance manual; or ⚫ Module(s) which have been subject to misuse, abuse, negligence, vandalism or accident; or ⚫ Module(s) which have been subject to power supply failure, power surge, lightning, flood, fire, accidental damage or other events beyond the control of the Supplier; or ⚫ Module(s) which have been installed on mobile equipment (except for photovoltaic tracking systems) such as vehicles, ships, etc., or offshore facilities (except for pre- authorized floating systems or fishery-solar hybrid project); or ⚫ Module(s) which have been subject to system voltage over the rated maximum system voltage or surge; or ⚫ Module(s) which have been installed on unqualified buildings; or ⚫ Module(s) which have been installed near extreme heat or in extreme or volatile environmental conditions, causing the module(s) to corrode, oxidize, or to suffer from chemical materials in the environment; or ⚫ Failure to pay the purchase price to the Supplier or its affiliated company that sells the module(s) to the customer; or ⚫ Module(s) which have been used in a way that infringes on the intellectual property rights of the Supplier or any other third party (including but not limited to patent rights, trademark rights, etc.); In addition, when the nameplate and serial number of the module(s) are tampered with, removed or unrecognizable without the written authorization of the Supplier, the claim will be rejected.

Appears in 7 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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Liability Exemptions. The Supplier shall be free of any liability in the event that any defect of the Solar Modules is caused by or in connection to the Force Majeure. The Supplier and the Customer understands and agree that the Supplier shall free of liability in the event any obligations under this “Limited Warranty” is delayed or could not be provided because of the occurrence of the Force Majeure as defined under Clause 9 of this “Limited Warranty”. Save the stipulations under Clause 9, the Supplier and the Customer understand and agree that this "Limited Warranty" does not apply to any one of the following situations: ⚫ Module(s) which have been subject to improper installation, use and maintenance due to failure to comply with the relevant provisions of the Supplier's module installation manual, module technical specification and maintenance manual; or ⚫ Module(s) which have been subject to misuse, abuse, negligence, vandalism or accident; or ⚫ Module(s) which have been subject to power supply failure, power surge, lightning, flood, fire, accidental damage or other events beyond the control of the Supplier; or ⚫ Module(s) which have been installed on mobile equipment (except for photovoltaic tracking systems) such as vehicles, ships, etc., or offshore facilities (except for pre- pre-authorized floating systems or fishery-solar hybrid project); or ⚫ Module(s) which have been subject to system voltage over the rated maximum system voltage or surge; or ⚫ Module(s) which have been installed on unqualified buildings; or ⚫ Module(s) which have been installed near extreme heat or in extreme or volatile environmental conditions, causing the module(s) to corrode, oxidize, or to suffer from chemical materials in the environment; or ⚫ Failure to pay the purchase price to the Supplier or its affiliated company that sells the module(s) to the customer; or ⚫ Module(s) which have been used in a way that infringes on the intellectual property rights of the Supplier or any other third party (including but not limited to patent rights, trademark rights, etc.); In addition, when the nameplate and serial number of the module(s) are tampered with, removed or unrecognizable without the written authorization of the Supplier, the claim will be rejected.

Appears in 2 contracts

Samples: Limited Warranty, Limited Warranty

Liability Exemptions. The Supplier shall be free of any liability in the event that any defect of the Solar Modules is caused by or in connection to the Force Majeure. The Supplier and the Customer understands and agree that the Supplier shall free of liability in the event any obligations under this “Limited Warranty” is delayed or could not be provided because of the occurrence of the Force Majeure as defined under Clause 9 of this “Limited Warranty”. Save the stipulations under Clause 9, the Supplier and the Customer understand and agree that this "Limited Warranty" does not apply to any one of the following situations: Module(s) which have been subject to improper installation, use and maintenance due to failure to comply with the relevant provisions of the Supplier's module installation manual, module technical specification and maintenance manual; or Module(s) which have been subject to misuse, abuse, negligence, vandalism or accident; or Module(s) which have been subject to power supply failure, power surge, lightning, flood, fire, accidental damage or other events beyond the control of the Supplier; or Module(s) which have been installed on mobile equipment (except for photovoltaic tracking systems) such as vehicles, ships, etc., or offshore facilities (except for pre- authorized floating systems or fishery-solar hybrid project); or Module(s) which have been subject to system voltage over the rated maximum system voltage or surge; or Module(s) which have been installed on unqualified buildings; or Module(s) which have been installed near extreme heat or in extreme or volatile environmental conditions, causing the module(s) to corrode, oxidize, or to suffer from chemical materials in the environment; or Failure to pay the purchase price to the Supplier or its affiliated company that sells the module(s) to the customer; or Module(s) which have been used in a way that infringes on the intellectual property rights of the Supplier or any other third party (including but not limited to patent rights, trademark rights, etc.); In addition, when the nameplate and serial number of the module(s) are tampered with, removed or unrecognizable without the written authorization of the Supplier, the claim will be rejected.

Appears in 1 contract

Samples: Limited Warranty

Liability Exemptions. The Supplier shall be free of any liability in the event that any defect of the Solar Modules is caused by or in connection to the Force Majeure. The Supplier and the Customer understands and agree that the Supplier shall free of liability in the event any obligations under this “Limited Warranty” is delayed or could not be provided because of the occurrence of the Force Majeure as defined under Clause 9 of this “Limited Warranty”. Save the stipulations under Clause 9, the Supplier and the Customer understand and agree that this "Limited Warranty" does not apply to any one of the following situations: ⚫ Module(s•Module(s) which have been subject to improper installation, use and maintenance due to failure to comply with the relevant provisions of the Supplier's module installation manual, module technical techni- cal specification and maintenance manual; or ⚫ Module(s•Module(s) which have been subject to misuse, abuse, negligence, vandalism or accident; or ⚫ Module(s•Module(s) which have been subject to power supply failure, power surge, lightning, flood, fire, accidental damage or other events beyond the control of the Supplier; or ⚫ Module(s•Module(s) which have been installed on mobile equipment (except for photovoltaic tracking systems) such as vehicles, ships, etc., or offshore facilities (except for pre- pre-authorized floating systems or fishery-solar hybrid project); or ⚫ Module(s•Module(s) which have been subject to system voltage over the rated maximum system voltage or surge; or ⚫ Module(s•Module(s) which have been installed on unqualified buildings; or ⚫ Module(s•Module(s) which have been installed near extreme heat or in extreme or volatile environmental conditions, causing the module(s) to corrode, oxidize, or to suffer from chemical materials in the environment; or ⚫ Failure •Failure to pay the purchase price to the Supplier or its affiliated company that sells the module(s) to the customer; or ⚫ Module(s•Module(s) which have been used in a way that infringes on the intellectual property propeky rights of the Supplier or any other third party paky (including but not limited to patent rights, trademark rights, etc.); In addition, when the nameplate and serial number of the module(s) are tampered with, removed or unrecognizable without the written authorization of the Supplier, the claim will be rejected.

Appears in 1 contract

Samples: Limited Warranty

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Liability Exemptions. The Supplier shall be free of any liability in the event that any defect of the Solar Modules is caused by or in connection to the Force Majeure. The Supplier and the Customer understands and agree that the Supplier shall free of liability in the event any obligations under this “Limited Warranty” is delayed or could not be provided because of the occurrence of the Force Majeure as defined under Clause 9 of this “Limited Warranty”. Save the stipulations under Clause 9, the Supplier and the Customer understand and agree that this "Limited Warranty" does not apply to any one of the following situations: Module(s) which have been subject to improper installation, use and maintenance due to failure to comply with the relevant provisions of the Supplier's module installation manual, module technical specification and maintenance manual; or Module(s) which have been subject to misuse, abuse, negligence, vandalism or accident; or Module(s) which have been subject to power supply failure, power surge, lightning, flood, fire, accidental damage or other events beyond the control of the Supplier; or Module(s) which have been installed on mobile equipment (except for photovoltaic tracking systems) such as vehicles, ships, etc., or offshore facilities (except for pre- authorized floating systems or fishery-solar hybrid project); or Module(s) which have been subject to system voltage over the rated maximum system voltage or surge; or Module(s) which have been installed on unqualified buildings; or Module(s) which have been installed near extreme heat or in extreme or volatile environmental conditions, causing the module(s) to corrode, oxidize, or to suffer from chemical materials in the environment; or Failure to pay the purchase price to the Supplier or its affiliated company that sells the module(s) to the customer; or Module(s) which have been used in a way that infringes on the intellectual property rights of the Supplier or any other third party (including but not limited to patent rights, trademark rights, etc.); In addition, when the nameplate and serial number of the module(s) are tampered with, removed or unrecognizable without the written authorization of the Supplier, the claim will be rejected.

Appears in 1 contract

Samples: Limited Warranty

Liability Exemptions. The Supplier shall be free of any liability in the event that any defect of the Solar Modules is caused by or in connection to the Force Majeure. The Supplier and the Customer understands and agree that the Supplier shall free of liability in the event any obligations under this “Limited Warranty” is delayed or could not be provided because of the occurrence of the Force Majeure as defined under Clause 9 of this “Limited Warranty”. Save the stipulations under Clause 9, the Supplier and the Customer understand and agree that this "Limited Warranty" does not apply to any one of the following situations: ⚫ Module(s•Module(s) which have been subject installed, used and maintained in a manner that fails to improper installation, use and maintenance due to failure to strictly comply with the relevant provisions of the Suppliersupplier's module installation manual, module technical specification and maintenance manual; or ⚫ Module(s•Module(s) which have been subject to misuse, abuse, negligence, vandalism or accident; or ⚫ Module(s•Module(s) which have been subject to power supply failure, power surge, lightning, flood, fire, accidental damage or other events beyond the control of the SupplierSupplier directly or indirectly; or ⚫ Module(s•Module(s) which have been installed on mobile equipment (except for photovoltaic tracking systems) such as vehicles, ships, etc., or offshore facilities (except for pre- pre-authorized floating systems or fishery-solar hybrid project); or ⚫ Module(s•Module(s) which have been subject to system voltage over the rated maximum system voltage or surge; or ⚫ Module(s•Module(s) which have been installed on unqualified buildings; or ⚫ Module(s•Module(s) which have been installed near extreme heat or in extreme or volatile environmental conditions, causing the module(s) to corrode, oxidize, or to suffer from chemical materials in the environment; or ⚫ Failure •Failure to pay the purchase price to the Supplier or its affiliated company that sells the module(s) to the customer; or ⚫ Module(s•Module(s) which have been used in a way that infringes on the intellectual property propeky rights of the Supplier or any other third party paky (including but not limited to patent rights, trademark rights, etc.); In addition, when the nameplate and serial number of the module(s) are tampered with, removed or unrecognizable without the written authorization of the Supplier, the claim will be rejected.

Appears in 1 contract

Samples: Limited Warranty

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