Limited Power Output Warranty – Limited Remedy Sample Clauses

Limited Power Output Warranty – Limited Remedy. If, within the first year from the date of delivery to the original Purchaser, any module under normal application, installation, use and service conditions, has a power output less than ninety seven percent (97%) of the minimum power for mono-crystalline panels and/or ninety seven and five tenths percent (97.5%) for multi-crystalline modules as specified at the time of delivery, as measured at Silfab Solar in both cases, then, provided that such loss in power is determined by Silfab Solar (at its sole discretion) to be due exclusively to defects in materials and/or workmanship, Silfab Solar will compensate for such loss in power by either providing to the Purchaser additional modules, new and/or refurbished of type and dimensions available at the time of the claim, to make up the total wattage loss, by repairing or replacing the modules, or by providing monetary compensation, at the option of Silfab Solar, as set forth below. If, within twelve (12) years from the date of delivery to the original purchaser, any module under normal application, installation, use and service conditions, has a power output less than ninety percent (90%) of the minimum power specified at the time of delivery, as measured at Silfab Solar in both cases, then, provided that such loss in power is determined by Silfab Solar (at its sole discretion) to be due exclusively to defects in materials and/or workmanship, Silfab Solar will compensate for such loss in power by either providing to the Purchaser additional modules, new and/or refurbished of type and dimensions available at the time of the claim, to make up the total wattage loss, by repairing or replacing the module, or by providing monetary compensation, at the option of Silfab Solar , as set forth below. If, within twenty-five (25) years from the date of delivery to the original purchaser, any module under normal application, installation, use and service conditions, has a power output less than eighty two (82%) of the minimum power specified at the time of delivery, as measured at Silfab Solar in both cases, then, provided that such loss in power is determined by Silfab Solar (at its sole discretion) to be due exclusively to defects in materials and/or workmanship, Silfab Solar will compensate for such loss in power by either providing to the Purchaser additional modules, new and/or refurbished of type and dimensions available at the time of the claim, to make up the total wattage loss, by repairing or replacing the modules...
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Limited Power Output Warranty – Limited Remedy. SANYO warrants the power output degradation will not fall under 80% of the designated Minimum Power (Pmin) output shown below on Table 1 from date of Product(s) purchase by the Customer. Upon receipt of a warranty claim, SANYO or its designated representative shall conduct measurements to determine the actual power output of the Product(s). SANYO’s measurement shall be the sole determination for purposes of warranty settlement. If SANYO measures power loss under the warranted level and such power loss is the result of a product defect, as determined by SANYO in its sole and absolute discretion, SANYO will supplement the output deficiency using one of the following remedies: a) SANYO may provide additional new or refurbished Product(s) to restore the deficient output; or b) SANYO may repair or replace the Product(s) with new or refurbished Product(s); or c) SANYO may refund the Customer the original Product(s) purchase price less depreciation. The refund will be pro-rated by the number of years and/or months from the date of purchase by the Customer. When one of the power output supplemental remedies is employed, the following conditions will apply: a) The warranty remedy will extend only to claims received before the end of the warranty period. b) The purchase date of original Product(s) shall determine the start of the warranty period in the event SANYO repairs, replaces, or adds more Product(s). c) Supplemental remedies may not be combined. One remedy option (additional Product(s), repair/replacement of Product(s), or prorated refund) will be employed, at SANYO’s sole option. d) Product(s) removal, transportation, reinstallation, and related fees are excluded from this Limited Power Output Warranty.

Related to Limited Power Output Warranty – Limited Remedy

  • Limited Remedy If Microsoft, or the device manufacturer or installer, breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. The device manufacturer or installer (or Microsoft if you acquired them directly from Microsoft) may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.

  • Equipment Warranty Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during the term of this Agreement, Sunrun will use commercially reasonable efforts to replace them with like equipment; however, you acknowledge that due to parts availability and other factors, this may not be possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section D.

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

  • Warranty Limitation We do not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in hardware and Software combinations other than as expressly required by us in the Product specifications or that Software will meet your requirements.

  • Limited Liability of Limited Partners (1) Each Unit of Limited Partnership Interest, when purchased by a Limited Partner, subject to the qualifications set forth below, shall be fully paid and non-assessable. (2) A Limited Partner shall have no liability in excess of his obligation to make contributions to the capital of the Partnership and his share of the Partnership’s assets and undistributed profits, subject to the qualifications provided in the Partnership Act.

  • Limited Duty Illness or disability caused or contributed to by pregnancy, miscarriage, childbirth, and recovery is considered a temporary condition. The Employer will make a reasonable effort to provide a limited duty assignment for the employee who cannot perform the essential functions of her job because of illness or disability caused or contributed to by pregnancy, miscarriage, childbirth, or recovery. The physical demands of the assignment shall be considered along with recommendations from the employee’s health care professional.

  • Warranty Limitations This Contractual Warranty does not warrant uninterrupted or error-free operation of the Product or cover normal wear and tear of the Product or costs related to the removal, installation, or troubleshooting of the customer's electrical systems. The warranty claims that relate to defects caused by any of the following factors are not covered by the Contractual Warranty: • Improper Use or Non-compliance with installation, commissioning, operation or maintenance instructions (i.e. not according to the operation & installation manual) • Unauthorized modifications, changes or attempted repairs, • Vandalism, destruction through external influence and/or persons/animals • Use in an unsuitable environment, including any environment or location that causes excessive wear and tear or dirt or dust or debris buildup within the system or that is difficult or unsafe for Xantrex LLC representatives to access • Insufficient ventilation • Installation in a corrosive environment • Failure to observe applicable safety standards & regulations • Damages during transportation or storage • Force majeure, examples include, but not limited to: fire, flood, earthquakes, storm damage, overvoltage & lightning strikes • Exposure to fire, water, snow, moisture, or liquid ingress (except for any such exposure to environmental conditions that your Product was specifically designed to withstand as indicated in the applicable specifications for your Product) • Used as a component part of a product expressly warranted by another manufacturer • If the original identification (trade-mark, serial number) markings have been defaced, altered, or removed • Consumable components of any type are not covered, including but not limited to fans, fuses and filters etc. • Cosmetic shortcoming which do not impair the use of the product for the intended purpose i.e. supply of energy Warranty claims also exclude: • Damages arising due to the fact that the use of the product for the intended purpose is no longer possible or only possible with restrictions as a result of amendments to the statutory provisions applicable to the operation of the product made after the delivery of the product • Compensation for damages related to loss of power production or business operation or any expenses incurred by customer towards repair & replacement of the product (including but not limited to labor, transportation, temporary power) • Cost arising from changes to existing PV systems or building installations or vehicle or marine vessel installation and like • Additional costs and expenses (i.e. shipping costs, travel, accommodation, meals, etc.) arising due to remote locations of the indicated geographies, including but not limited to islands and overseas territories

  • Certificate of Limited Liability Company Interest A Member’s limited liability company interest may be evidenced by a certificate of limited liability company interest executed by the Manager or an officer in such form as the Manager may approve; provided that such certificate of limited liability company interest shall not bear a legend that causes such limited liability company interest to constitute a security under Article 8 (including Section 8-103) of the Uniform Commercial Code as enacted and in effect in the State of Delaware, or the corresponding statute of any other applicable jurisdiction.

  • Basic Equipment Warranty The Contractor warrants that all equipment rented or supplied under this Agreement shall be in good working order and shall conform to the needs specified by the Judicial Council. The Contractor shall immediately replace any inoperative equipment with operative equipment, or make all adjustments, repairs, and parts replacements required to maintain the equipment rented or supplied hereunder in working condition.

  • Manner of Conveyance; Limited Warranty; Nonrecourse; Etc THE CONVEYANCE OF ALL ASSETS, INCLUDING REAL AND PERSONAL PROPERTY INTERESTS, PURCHASED BY THE ASSUMING INSTITUTION UNDER THIS AGREEMENT SHALL BE MADE, AS NECESSARY, BY RECEIVER'S DEED OR RECEIVER'S XXXX OF SALE, "AS IS", "WHERE IS", WITHOUT RECOURSE AND, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, WITHOUT ANY WARRANTIES WHATSOEVER WITH RESPECT TO SUCH ASSETS, EXPRESS OR IMPLIED, WITH RESPECT TO TITLE, ENFORCEABILITY, COLLECTIBILITY, DOCUMENTATION OR FREEDOM FROM LIENS OR ENCUMBRANCES (IN WHOLE OR IN PART), OR ANY OTHER MATTERS.

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