Common use of Limitation of Warranty Scope Clause in Contracts

Limitation of Warranty Scope. To qualify for warranty coverage, UPSOLAR must be notified by the CUSTOMER of any defective MODULES within 10 days after the CUSTOMER learns of such defect. Such notice shall provide UPSOLAR with available information on the nature of the defect and shall state the date code and/or serial number of the MODULE and other relevant facts known to CUSTOMER, all as a condition to UPSOLAR’s obligation under the LIMITED WARRANTIES. The LIMITED WARRANTIES apply to MODULES sold by UPSOLAR globally. There are, however, market- specific limitations to MODULE sales within a specific market (TERRITORY) which are installed by the CUSTOMER in the same TERRITORY, and UPSOLAR shall have no obligations under the LIMITED WARRANTIES or otherwise with respect to any MODULES sold or installed outside the TERRITORY in which the MODULES were originally sold. UPSOLAR reserves the right to demand the return of any MODULE claimed to be defective in order to evaluate the cause of the defect as a further condition to UPSOLAR’s warranty liability. UPSOLAR shall not be liable under the “Limited Warranty for PV Modules” for any defective MODULE as to which the alleged defect arises out of UPSOLAR’s compliance with any request, instruction, design change, drawing or specification furnished or imposed by CUSTOMER or any other person or company, or as to which the serial number or date code has been removed, altered, obliterated, defaced or rendered illegible. UPSOLAR shall not be liable for any damage to MODULES occurring in shipping or in storage, or for any damage caused by abuse, mishandling, improper installation (e.g., an installation that does not comply with the installation guidelines for the MODULES provided by UPSOLAR and/or that is not installed by a qualified professional licensed solar installer), misuse, unauthorized repair or modification, or failure of any system in which the MODULES are installed or integrated, or with which they are used. UPSOLAR shall have no responsibility or liability whatsoever, whether under the LIMITED WARRANTIES or otherwise, for damage or injury to persons or property, or for other loss or injury resulting from any cause whatsoever arising out of or related to the MODULES, including, without limitation, any defects in the MODULES, or from use or installation. UPSOLAR’s aggregate liability, if any, in damages or otherwise, shall not exceed the invoice price paid by the CUSTOMER, for the single unit of MODULE.