Common use of Limited Peak Power Warranty Clause in Contracts

Limited Peak Power Warranty. Limited Remedy 1) In the first (1) year: a) For polycrystalline MODULE(s), actual power output of no less than 97% of the minimum “Peak Power at STC (Standard Test Conditions)” as specified in the corresponding power output on the MODULE(s) label on the date of invoice to the CUSTOMER; b) For monocrystalline MODULE(s), actual power output of no less than 97.5% of the minimum “Peak Power at STC (Standard Test Conditions)” as specified in the corresponding power output on the MODULE(s) label on the date of invoice to the CUSTOMER; 2) In the second (2) to twenty-fourth (24) year (inclusive): For both polycrystalline and monocrystalline MODULES, the actual power output shall bear a maximum annual output degradation of 0.7% thereafter. 3) In the twenty-fifth (25) year: a) For polycrystalline MODULE(s), actual power output of no less than 80.20% of the minimum “Peak Power at STC (Standard Test Conditions)” as specified in the corresponding power output on the MODULE(s) label on the date of invoice to the CUSTOMER; b) For monocrystalline MODULE(s), actual power output of no less than 80.70% of the minimum “Peak Power at STC (Standard Test Conditions)” as specified in the corresponding power output on the MODULE(s) label on the date of invoice to the CUSTOMER; 1 97.50% 97.00% 14 88.40% 87.90% 2 96.80% 96.30% 15 87.70% 87.20% 3 96.10% 95.60% 16 87.00% 86.50% 4 95.40% 94.90% 17 86.30% 85.80% 5 94.70% 94.20% 18 85.60% 85.10% 6 94.00% 93.50% 19 84.90% 84.40% 7 93.30% 92.80% 20 84.20% 83.70% 8 92.60% 92.10% 21 83.50% 83.00% 9 91.90% 91.40% 22 82.80% 82.30% 10 91.20% 90.70% 23 82.10% 81.60% 11 90.50% 90.00% 24 81.40% 80.90% 12 89.80% 89.30% 25 80.70% 80.20% 13 89.10% 88.60% Note: Table for reference only If within the period of twenty-five (25) years from the date shown in the invoice to the CUSTOMER, any MODULE(s) exhibits a power output less than the percentage indicated above of the minimum “Peak Power at STC (Standard Test Conditions)” specified, at the date of the invoice to the CUSTOMER in the corresponding power output on the MODULE(s) label, provided that such loss in power is witnessed, proven and agreed by the parties to be due to defects in material or workmanship, UPSOLAR will at its sole option, either 1) Repair the defective MODULE(s); 2) Replace such loss in power by replacing the defective MODULE(s); or 3) Refund the CUSTOMER the percentage of the corresponding loss at the historical purchasing cost of the defective MODULE(s) pro rata temporis on the basis of a 25-year lifespan at the option of UPSOLAR.