Common use of Limitation of Warranty Scope Clause in Contracts

Limitation of Warranty Scope. FURTHER CLAIMS ARE EXCLUDED, IN PARTICULAR CLAIMS FOR DAMAGES, WHICH DO NOT OCCURRE TO THE BOS EQUIPMENT ITSELF. THIS SHALL NOT APPLY IN INSTANCES OF INTENT AND GROSS NEGLIGENCE OR CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS. IN THE EVENT OF CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS, SUNPOWER SHALL SOLELY ASSUME LIABILITY FOR DAMAGES THAT ARE TYPICAL FOR THE CONTRACT AND COULD HAVE REASONABLY BEEN FORESEEN – EXCEPT IN INSTANCES OF INTENT OR GROSS NEGLICENCE. THE EXCLUSION OF LIABILTY SHALL NOT APPLY TO GUARANTUEES WITH RESPECT TO QUALITY, PROVIDED THAT IT WAS SPECIFICALLY INTENDED TO SAFEGUARD CITY SOLAR AGAINST DAMAGES. MOREOVER, THE EXCLUSION OF LIABILTY SHALL NOT APPLY IN INSTANCES WHERE LIABILTY IS ASSUMED, UNDER PRODUCT LIABILTY LAW, FOR PERSONAL INJURY OR PROPERTY DAMAGE AT OR ON PRIVATELY UTILIZED OBJECTS, FOR DEFECTS IN THE DELIVERED BOS EQUIPMENT. SUNPOWER IS NOT LIABLE FOR DAMAGES THAT ARISE OUTSIDE ITS SCOPE OF PERFORMANCE, ARE INFLUENCED BY IMPROPER UTILIZATION OR TREATMENT, ERRONEOUS INSTELLATION AND OPERATION BY CITY SOLAR OR ANY THIRD PARTIES, NATURAL WEAR AND TEAR AND INAPPROPRIATE OPERATING MATERIALS OR REPLACEMENT MATERIALS. AN IMPROPER USE IS ASSUMED IF THE BOS EQUIPMENT IS NOT BEING USED IN ACCORDANCE WITH THE CONDITIONS OF OPERATIONS STATED IN SUNPOWER´S DATASHEETS AND BROCHURES.

Limitation of Warranty Scope. FURTHER CLAIMS ARE EXCLUDED, IN PARTICULAR CLAIMS FOR DAMAGES, WHICH DO NOT OCCURRE TO THE BOS EQUIPMENT PV MODULES ITSELF. THIS SHALL NOT APPLY IN INSTANCES OF INTENT AND GROSS NEGLIGENCE OR CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS. IN THE EVENT OF CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS, SUNPOWER SHALL SOLELY ASSUME LIABILITY FOR DAMAGES THAT ARE TYPICAL FOR THE CONTRACT AND COULD HAVE REASONABLY BEEN FORESEEN – EXCEPT IN INSTANCES OF INTENT OR GROSS NEGLICENCE. THE EXCLUSION OF LIABILTY SHALL NOT APPLY TO GUARANTUEES WITH RESPECT TO QUALITY, PROVIDED THAT IT WAS SPECIFICALLY INTENDED TO SAFEGUARD CITY SOLAR THE CUSTOMER AGAINST DAMAGES. MOREOVER, THE EXCLUSION OF LIABILTY SHALL NOT APPLY IN INSTANCES WHERE LIABILTY IS ASSUMED, UNDER PRODUCT LIABILTY LAW, FOR PERSONAL INJURY OR PROPERTY DAMAGE AT OR ON PRIVATELY UTILIZED OBJECTS, FOR DEFECTS IN THE DELIVERED BOS EQUIPMENTSOLAR PANEL. SUNPOWER IS NOT LIABLE FOR DAMAGES THAT ARISE OUTSIDE ITS SCOPE OF PERFORMANCE, ARE INFLUENCED BY IMPROPER UTILIZATION OR TREATMENT, ERRONEOUS INSTELLATION AND OPERATION BY CITY SOLAR THE CUSTOMER OR ANY THIRD PARTIES, NATURAL WEAR AND TEAR AND INAPPROPRIATE OPERATING MATERIALS OR REPLACEMENT MATERIALS. AN IMPROPER USE IS ASSUMED IF THE BOS EQUIPMENT IS SOLAR PANELS ARE NOT BEING USED IN ACCORDANCE WITH THE CONDITIONS OF OPERATIONS STATED IN SUNPOWER´S DATASHEETS AND BROCHURES.

Limitation of Warranty Scope. FURTHER CLAIMS TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDES 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 CONDITIONS, GUARANTEES, OBLIGATIONS OR LIABILITIES ON THE PART OF SUNPOWER OR ITS RELATED BODIES CORPORATE (AS THAT TERM IS DEFINED IN SECTION 50 OF THE CORPORATIONS ACT 2001 (CTH) “THE RELATED BODIES CORPORATE”), UNLESS SUCH OTHER WARRANTIES, CONDITIONS, GUARANTEES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING, SIGNED AND APPROVED BY SUNPOWER. TO THE EXTENT PERMITTED BY APPLICABLE LAW SUNPOWER OR ITS RELATED BODIES CORPORATE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER 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 PV MODULES, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE PV MODULE, OR FROM USE OR INSTALLATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SUNPOWER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED AND LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUES ARE THEREFORE SPECIFICALLY BUT WITHOUT LIMITATION EXCLUDED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SUNPOWER’S AGGREGATE LIABILITY, IF ANY, IN PARTICULAR CLAIMS DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO SUNPOWER BY THE CUSTOMER, FOR DAMAGESTHE UNIT OF PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH GAVE RISE TO THE WARRANTY CLAIM. SOME JURISDICTIONS DO NOT OCCURRE TO THE BOS EQUIPMENT ITSELF. THIS SHALL NOT APPLY IN INSTANCES OF INTENT AND GROSS NEGLIGENCE ALLOW LIMITATIONS ON IMPLIED WARRANTIES, CONDITIONS OR CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS. IN THE EVENT OF CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS, SUNPOWER SHALL SOLELY ASSUME LIABILITY FOR DAMAGES THAT ARE TYPICAL FOR THE CONTRACT AND COULD HAVE REASONABLY BEEN FORESEEN – EXCEPT IN INSTANCES OF INTENT GUARANTEES OR GROSS NEGLICENCE. THE EXCLUSION OF LIABILTY SHALL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO GUARANTUEES WITH RESPECT YOU. TO QUALITY, PROVIDED THE EXTENT THAT IT WAS SPECIFICALLY INTENDED TO SAFEGUARD CITY SOLAR AGAINST DAMAGES. MOREOVERYOU, THE EXCLUSION OF LIABILTY SHALL NOT APPLY CUSTOMER, HAVE ACQUIRED OUR GOODS AS A CONSUMER AS DEFINED IN INSTANCES WHERE LIABILTY IS ASSUMED, THE A. THE BENEFITS GIVEN TO YOU UNDER PRODUCT LIABILTY THE LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES UNDER LAWS RELATING TO THE PRODUCTS; B. SUNPOWER’S GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW, YOU ARE ENTITLED TO REPLACEMENT OR REFUND FOR PERSONAL INJURY A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR PROPERTY DAMAGE AT DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR ON PRIVATELY UTILIZED OBJECTSREPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. C. SUBJECT TO SUBPARAGRAPH (D) BELOW, FOR DEFECTS NOTHING CONTAINED IN THESE LIMITED WARRANTY TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE OR OTHER OBLIGATION IN RELATION TO THE DELIVERED BOS EQUIPMENT. SUNPOWER IS NOT LIABLE FOR DAMAGES THAT ARISE OUTSIDE ITS SCOPE SUPPLY OF PERFORMANCE, ARE INFLUENCED BY IMPROPER UTILIZATION OR TREATMENT, ERRONEOUS INSTELLATION AND OPERATION BY CITY SOLAR GOODS WHICH PURSUANT TO THE ACTS OR ANY THIRD PARTIESOF THEM IS APPLICABLE OR IS CONFERRED ON YOU (THE “STATUTORY OBLIGATIONS”) WHERE TO DO SO IS UNLAWFUL; AND D. TO THE FULL EXTENT PERMITTED BY LAW, NATURAL WEAR THE SOLE LIABILITY OF SUNPOWER AND TEAR ITS RELATED BODIES CORPORATE FOR BREACH OF ANY SUCH STATUTORY OBLIGATIONS WILL BE LIMITED (EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN) TO: (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR (II) THE REPAIR OF THE GOODS OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, (IN EACH CASE AS SUNPOWER MAY SELECT). IF ANY PROVISION OF THESE LIMITED WARRANTY TERMS IS HELD UNENFORCEABLE OR ILLEGAL BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION, SUCH PROVISION(S) SHALL BE MODIFIED (OR IF NECESSARY SEVERED) TO THE MINIMUM EXTENT REQUIRED SUCH THAT THE REST OF THESE LIMITED WARRANTY TERMS WILL CONTINUE IN FULL FORCE AND INAPPROPRIATE OPERATING MATERIALS OR REPLACEMENT MATERIALS. AN IMPROPER USE IS ASSUMED IF THE BOS EQUIPMENT IS NOT BEING USED IN ACCORDANCE WITH THE CONDITIONS OF OPERATIONS STATED IN SUNPOWER´S DATASHEETS AND BROCHURESEFFECT.

Limitation of Warranty Scope. FURTHER CLAIMS ARE EXCLUDEDLGC's liability under this Limited Warranty shall be limited to the above Product warranty and below Performance warranty section. Replaced or repaired Products shall be warranted for the remainder of the original warranty period. In any event, IN PARTICULAR CLAIMS the replacement shall not justify the renewal or new beginning of the warranty period. UNDER NO CIRCUMSTANCES SHALL LGC BE LIABLE FOR DAMAGESANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, LOST REVENUES OR PROFITS, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, COSTS OF REMOVAL AND REINSTALLATION OF THE PRODUCTS, LOSS OF USE, INJURY TO PERSONS OR PROPERTY ARISING OUT OR RELATED TO THE PRODUCTS. LG’S TOTAL LIABILITY, IF ANY, DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE INVOICE VALUE PAID BY BUYER FOR THE PRODUCTS OR SERVICE(S) FURNISHED, WHICH DO NOT OCCURRE TO IS THE BOS EQUIPMENT ITSELFSUBJECT OF A CLAIM OR DISPUTE. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, FOR ANY SUBJECT OF THE WARRANTY THEREOF FURNISHED HEREUNDER FOR THE PRODUCTS. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY IN INSTANCES FOR THE SUBJECT OF INTENT AND GROSS NEGLIGENCE OR CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONSTHE WARRANTY. IN THE EVENT CASE OF CULPABLE VIOLATION OF IMPORTANT CONTRACTUAL OBLIGATIONS, SUNPOWER SHALL SOLELY ASSUME LIABILITY FOR DAMAGES THAT ARE TYPICAL FOR THE CONTRACT AND COULD HAVE REASONABLY BEEN FORESEEN – EXCEPT IN INSTANCES OF INTENT OR GROSS NEGLICENCE. THE EXCLUSION OF LIABILTY SHALL NOT APPLY TO GUARANTUEES WITH RESPECT TO QUALITY, PROVIDED THAT IT WAS SPECIFICALLY INTENDED TO SAFEGUARD CITY SOLAR AGAINST DAMAGES. MOREOVER, THE EXCLUSION OF LIABILTY SHALL NOT APPLY IN INSTANCES WHERE LIABILTY IS ASSUMED, UNDER PRODUCT LIABILTY LAW, FOR PERSONAL INJURY OR PROPERTY DAMAGE AT OR ON PRIVATELY UTILIZED OBJECTS, FOR DEFECTS ANY CONFLICT IN THE DELIVERED BOS EQUIPMENT. SUNPOWER IS NOT LIABLE FOR DAMAGES THAT ARISE OUTSIDE ITS SCOPE OF PERFORMANCEAGREEMENTS BETWEEN THE PARTIES REGARDING THE PRODUCTS, ARE INFLUENCED BY IMPROPER UTILIZATION OR TREATMENT, ERRONEOUS INSTELLATION AND OPERATION BY CITY SOLAR OR ANY THIRD PARTIES, NATURAL WEAR AND TEAR AND INAPPROPRIATE OPERATING MATERIALS OR REPLACEMENT MATERIALS. AN IMPROPER USE IS ASSUMED IF THE BOS EQUIPMENT IS NOT BEING USED THIS WARRANTY DOCUMENT ALWAYS WILL PREVAIL UNLESS OTHERWISE AGREED IN ACCORDANCE WITH THE CONDITIONS OF OPERATIONS STATED IN SUNPOWER´S DATASHEETS AND BROCHURESWRITING.