Common use of Limited Warranty Exclusions Clause in Contracts

Limited Warranty Exclusions. The Limited Warranties given in respect of a Product do not apply in the following circumstances: a) the serial number of a Product is removed, altered or is illegible; b) the Product is moved to a location other than its original installation location; c) the Product has been installed or subject to use in a location that is within 5 meters of a saline water body or the Product, in Silfab’s absolute judgement, may otherwise be subject to direct contact with salt water (including without limitation as a result of immersion, waves or salt spray); d) the Product is used in a mobile application, including without limitation by installing the Products on any vehicle or craft; e) the Products is used in combination with any device for concentrating or magnifying light or with any solar thermal system; f) the Product is not installed with strict adherence to the instructions specified in Silfab’s Installation and Maintenance Manual; g) the Products is modified, serviced or repaired by any person other than Silfab or a third party approved in advance by Silfab; h) The product is clearly marked as “no warranty” (typically but not exclusively by stamp on the cover of the junction box). i) in respect of cosmetic damage (including without limitation scratches, dents, corrosion, paint chipping, and discoloration) that does not affect power output; j) in respect of damage that is caused by any of the following: i. any transportation, storage, installation, wiring, interconnection, operation, cleaning or maintenance of the Products other than in accordance with (i) specifications, installation manuals, operational manuals, or labels attached to the Products; or (ii) applicable laws, including without limitation any local electrical codes; ii. misuse, neglect, tampering, vandalism or accident by any person other than Silfab; iii. incompatibility with, or malfunctioning of, or other damage caused by, the systems, devices or components to which the Products are connected or mounted; iv. abrasions, tears or punctures of the Products by tools, by mounting hardware or by other components, structures, or natural features (e.g., tree branches) that come into contact with the Products; v. mechanical shock caused by objects or persons falling on, stepping on, bumping into or otherwise colliding with the Products or with the systems, devices or components to which the Products are connected or mounted; vi. mechanical shock or vibration outside of the operating limits specified in Product documentation; vii. environmental pollution or other contamination, including but not limited to soot, ash, salt, acid rain, fumes, and chemical agents; viii. animals, insects or mold; ix. extreme weather events, including without limitation earthquakes, hurricanes, typhoons, tornados, tsunamis, floods, lightning, volcanic activity, as well as other weather conditions (such as precipitation, ambient heat/cold, wind, snow or ice) outside of the operating limits specified in Product documentation; x. fire, except to the extent caused by the defect in the Product; xi. power surges or power outages, whether resulting from natural or man-made causes; or xii. terrorist acts, riots, wars, or other man-made disasters.

Limited Warranty Exclusions. The Limited Warranties given in respect of a Product do not apply in the following circumstances: a) the serial number of a Product is removed, altered or is illegible; b) the Product is moved to a location other than its original installation location; c) the Product has been installed or subject to use in a location that is within 5 meters of a saline water body or the Product, in Silfab’s absolute judgement, may otherwise be subject to direct contact with salt water (including without limitation as a result of immersion, waves or salt spray); d) the Product is used in a mobile application, including without limitation by installing the Products on any vehicle or craft; e) the Products is used in combination with any device for concentrating or magnifying light or with any solar thermal system; f) the Product is not installed with strict adherence to the instructions specified in Silfab’s Installation and Maintenance Manual; g) the Products is modified, serviced or repaired by any person other than Silfab or a third party approved in advance by Silfab; h) The product is clearly marked as “no warranty” (typically but not exclusively by stamp on the cover of the junction box). i) in respect of cosmetic damage (including without limitation scratches, dents, corrosion, paint chipping, and discoloration) that does not affect power output; j) in respect of damage that is caused by any of the following: i. any transportation, storage, installation, wiring, interconnection, operation, cleaning or maintenance of the Products other than in accordance with (i) specifications, installation manuals, operational manuals, or labels attached to the Products; or (ii) applicable laws, including without limitation any local electrical codes; ii. misuse, neglect, tampering, vandalism or accident by any person other than Silfab; iii. incompatibility with, or malfunctioning of, or other damage caused by, the systems, devices or components to which the Products are connected or mounted; iv. abrasions, tears or punctures of the Products by tools, by mounting hardware or by other components, structures, or natural features (e.g., tree branches) that come into contact with the Products; v. mechanical shock caused by objects or persons falling on, stepping on, bumping into or otherwise colliding with the Products or with the systems, devices or components to which the Products are connected or mounted; vi. mechanical shock or vibration outside of the operating limits specified in Product documentation; vii. environmental pollution or other contamination, including but not limited to soot, ash, salt, acid rain, fumes, and chemical agents; viii. animals, insects or mold; ix. extreme weather events, including without limitation earthquakes, hurricanes, typhoons, tornados, tsunamis, floods, lightning, volcanic activity, as well as other weather conditions (such as precipitation, ambient heat/cold, wind, snow or ice) outside of the operating limits specified in Product documentation; x. fire, except to the extent caused by the defect in the Product; xi. power surges or power outages, whether resulting from natural or man-made man-­‐made causes; or xii. terrorist acts, riots, wars, or other man-made man-­‐made disasters.

Limited Warranty Exclusions. The Limited Warranties given in respect of a Product do not apply in the following circumstances: a) the serial number of a Product is removed, altered or is illegible; b) the Product is moved to a location other than its original installation location; c) the Product has been installed or subject to use in a location that is within 5 meters of a saline water body or the Product, in Silfab’s absolute judgement, may otherwise be subject to direct contact with salt water (including without limitation as a result of immersion, waves or salt spray); d) the Product is used in a mobile application, including without limitation by installing the Products on any vehicle or craft; e) the Products is used in combination with any device for concentrating or magnifying light or with any solar thermal system; f) the Product is not installed with strict adherence to the instructions specified in Silfab’s Installation and Maintenance Manual; g) the Products is modified, serviced or repaired by any person other than Silfab or a third party approved in advance by Silfab; h) The product the Product is clearly marked as “no warranty” (typically but not exclusively by stamp on the cover of the junction box). i) in respect of cosmetic damage (including without limitation scratches, dents, corrosion, paint chipping, and discoloration) that does not affect power output; j) in respect of damage that is caused by any of the following: i. any transportation, storage, installation, wiring, interconnection, operation, cleaning or maintenance of the Products other than in accordance with (i) specifications, installation manuals, operational manuals, or labels attached to the Products; or (ii) applicable laws, including without limitation any local electrical codes; ii. misuse, neglect, tampering, vandalism or accident by any person other than Silfab; iii. incompatibility with, or malfunctioning of, or other damage caused by, the systems, devices or components to which the Products are connected or mounted; iv. abrasions, tears or punctures of the Products by tools, by mounting hardware or by other components, structures, or natural features (e.g., tree branches) that come into contact with the Products; v. mechanical shock caused by objects or persons falling on, stepping on, bumping into or otherwise colliding with the Products or with the systems, devices or components to which the Products are connected or mounted; vi. mechanical shock or vibration outside of the operating limits specified in Product documentation; vii. environmental pollution or other contamination, including but not limited to soot, ash, salt, acid rain, fumes, and chemical agents; viii. animals, insects or mold; ix. extreme weather events, including without limitation earthquakes, hurricanes, typhoons, tornados, tsunamis, floods, lightning, volcanic activity, as well as other weather conditions (such as precipitation, ambient heat/cold, wind, snow or ice) outside of the operating limits specified in Product documentation; x. fire, except to the extent caused by the defect in the Product; xi. power surges or power outages, whether resulting from natural or man-made causes; or xii. terrorist acts, riots, wars, or other man-made disasters.