Common use of Power Performance Warranty Clause in Contracts

Power Performance Warranty. The Supplier warrants compliance with the Power Curve (as determined in accordance to this Part J-2-A) of all the wind turbines in the project during the warranty term of the supply of the wind turbines. The average results of the tested turbines are representative for the all wind turbines on the site. The Power Curve Test will start not later than six (6) months after Project Substantial Completion and no earlier than thirty (30) days after Project Substantial Completion, considered that the Owner shall communicate the intention to perform the Power Performance Test at least 8 weeks before the commencement of the Test. In case that the meteorological conditions during the measurement campaign does not allow for the completion of the test according to the requirements of [Ref.1], the Parties will agree on an extension of this term, provided that the tests are being performed in a professional manner and the need for extension is not caused by the negligence of either of Parties. The results of the Power Curve Test will be available for the Parties not later than two (2) months after the date of the test completion. Following the availability of the test results, the Supplier will have fifteen (15) days to respond with comments or clarifications with the test results. IE shall respond to any clarifications within fifteen (15) days and if necessary provide revisions of the results. As defined in 5.2 of this Part J-2-A, not all the wind turbines in the project will be tested, but only a representative number of them, whose results will be deemed representative of all the wind turbines of the wind farm. That means that in case of under-performance according to the terms in this procedure, the compensation will be established based on the total number of wind turbines in the wind project. If the results of the Power Curve test demonstrates that MGLFd≥1MGLFd≥1 , then Power Curve verification shall be considered as passed and the Power Curve shall be considered as successfully verified. No further measurement tests shall be conducted and Supplier shall have no further liability for payment of Power Curve Liquidated Damages hereunder. In case of demonstrated under-performance after the completion of the tests, the Supplier will have a period of 30 days from receiving the final Power Curve Test results (or response from the IE to the aforementioned clarifications) to carry on modifications in order to attend one of the following conditions: Analysis of the causes of that non-compliance and implementation of the modifications on the turbines aimed to solve that under-performance. In the case the modifications cannot be made during the aforementioned period, the Parties will agree upon a modification schedule and a new date for testing. In this case, the Supplier shall bear the costs of a new set of power curve tests (re-test) in the non-compliance TWTs and in the same conditions stated in this procedure as the first one, aimed to demonstrate the successful implementation and suitability of the modifications. The Supplier will be allowed to designate a different IE for the re-test, under agreement and acceptance of the Owner. The new IE designated to perform the Power Curve Test has to be in the list of agreed IEs. In case of success of the re-test, the rest of wind turbines of the wind farm will be reviewed and the defined modifications will be implemented in those wind turbines which would benefit from such modifications. The Supplier shall prepare a detailed report of the new configuration of the wind turbines and also update the Site Suitability report with the new configuration (if necessary). The preparation of a detailed report of the new configuration of the wind turbines and also update of the Site Suitability report will be carried out with no cost for the Owner. The Supplier shall make best efforts to initiate re-tests immediately after any modifications have been made as described above, and will deliver the results before the warranty period expires. If the results of the re- test demonstrates that MGLFd≥1MGLFd≥1 , then Power Curve verification shall be considered as passed and the Power Curve shall be considered as successfully verified. No further measurement tests shall be conducted and Supplier shall have no further liability for payment of Power Curve Liquidated Damages hereunder. In case the results of the re-test is not successful, the Supplier will compensate the Owner according to the terms in Appendix [__]. If the Supplier has a solution which may be implemented at a later date, Owner, at its discretion, can arrange for the implementation of such solution through the O&M Contract. If the Owner agrees to implement a solution Contract at the Contractor’s cost at a date beyond the warranty period, the Parties can agree on mechanism under which the Contractor will prove any improvement and if so, how partial refund of Buydown amount would be managed. Compensate the Owner according to Appendix [__]. If the Supplier has a solution which may be implemented at a later date, Owner, at its discretion, can arrange for the implementation of such solution through the O&M Contract. If the Owner agrees to implement a solution Contract at the Contractor’s cost at a date beyond the warranty period, the Parties can agree on mechanism under which the Contractor will prove any improvement and if so, how partial refund of Buydown amount would be managed.