Common use of Power Output Warranty Clause in Contracts

Power Output Warranty. Subject to the terms and conditions of this Limited Warranty, REC warrants that the actual power output of the Product will reach at least 97% of the nameplate power out specified on the Product during the first year (calculated from the date of production as identified on the Product). From the second year, the actual power output will decline annually by no more than 0.7% for a period of 24 years, so that by the end of the 25th year, an actual output of at least 80.2% of the nameplate power out specified on the Product will be achieved. This Power Output Warranty covers only reduced performance due to natural degradation of the glass, the solar cell, the embedding foil, the junction box and interconnections under normal use. If the Product does not reach the warranted power output levels set out above when measured by the Warrantor or by an independent measuring institute agreed to prior to testing by the Warrantor, under standard test conditions (IEC 61215) and taking into account a ±3% tolerance range, then REC will, at its sole option: • Repair the Product • Replace the Product with an equivalent product or to supply additional modules as necessary to achieve the warranted percentage of specified power output. • Refund the current market price of an equivalent product at the time of the claim 1 excluding modules showing “Q3” as part of the product name.

Appears in 2 contracts

Samples: Master Supply Agreement (Powersecure International, Inc.), Master Supply Agreement (Powersecure International, Inc.)

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Power Output Warranty. Subject to the terms and conditions of this Limited Warranty, REC [***] warrants that the actual power output of the Product will reach at least 97% of the nameplate power out specified on the Product during the first year (calculated from the date of production as identified on the Product). From the second year, the actual power output will decline annually by no more than 0.7% for a period of 24 years, so that by the end of the 25th year, an actual output of at least 80.2% of the nameplate power out specified on the Product will be achieved. This Power Output Warranty covers only reduced performance due to natural degradation of the glass, the solar cell, the embedding foil, the junction box and interconnections under normal use. If the Product does not reach the warranted power output levels set out above when measured by the Warrantor or by an independent measuring institute agreed to prior to testing by the Warrantor, under standard test conditions (IEC 61215) and taking into account a ±3% tolerance range, then REC [***] will, at its sole option: • Repair the Product • Replace the Product with an equivalent product or to supply additional modules as necessary to achieve the warranted percentage of specified power output. • Refund the current market price of an equivalent product at the time of the claim 1 excluding modules showing “Q3” as part of the product name.

Appears in 2 contracts

Samples: Master Supply Agreement (Powersecure International, Inc.), Master Supply Agreement (Powersecure International, Inc.)

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