Remedies Description. Unless otherwise agreed in writing, additional, repaired or replacement Modules shall be delivered to the same destination and on the same INCOTERMS 2020 delivery basis that the original Module causing breach of the Warranties was delivered under the purchase agreement to which this Limited Warranty applies. Replaced Modules received by Xxxxx pursuant to Section 2.2 shall be the sole property of Xxxxx. Jinko shall be solely responsible for all shipping costs incurred performing its additional supply, repair or replacement obligations under this Section 2.2(b). For avoidance of doubt, it is expressly stated here that any costs incurred due to dismantling, repacking, installation or re-installation the Module(s) and other related expenses shall be borne by the Customer. Additional or replacement Modules shall be of the same type and physical form as the original Module, electrically compatible with the original Module, and have an electrical output of not less than the warranted power output of the original Module at the time of supply or replacement, based on the warranted degradation rates set forth at Section 1 hereto. Notwithstanding the foregoing, if Xxxxx no longer supplies Modules meeting the foregoing criteria, then additional or replacement Modules provided under this Section 2.2(b) shall be those Modules then supplied by Jinko most substantially meeting the foregoing criteria. Xxxxx’s performance of any repair, replacement or additional supply pursuant to this Section 2.2(b) shall not extend the term of any Warranties. Unless otherwise agreed upon in the underlying purchase agreement, Customer shall dispose of out-of-use Module (s) in accordance with applicable regulations on electronic waste treatment and disposal at its own cost and the same shall not be reworked, re-sold or re-used in any way. If Xxxxx determines to retrieve such Modules, the ownership of same is deemed to belong to Jinko, and Jinko shall bear the transportation costs related with delivery of the Module(s) from their original place to the destination location designated by Xxxxx.
Remedies Description. If Xxxxx opts for repair as the remedy, Jinko shall cover reasonable material and labor costs related to the repair. In any event, the costs and expenses for the removal, installation, and/or reinstallation of the Modules, including fees, levies, taxes or other financial duties due in relation to any applicable electronic waste disposal regulation, shall remain with the Customer. Xxxxx will not pay any cost of any fees, levies, taxes or other financial duties imposed on the remedies implemented by Xxxxx or imposed on the Modules subject to such remedies, that are due to regulatory, government or judicial decisions not existing at the time of purchase of the affected Modules. Unless otherwise agreed by the Parties in written, the replaced module(s) will be delivered by Xxxxx in accordance with the same Incoterms and destination as the relevant module supply contract. The insurance, freight, customs clearance fees and other reasonable expenses shall be borne in accordance with the Incoterms in the original module supply contract. Unless other negotiations, the Customer shall dispose of out-of-use module (s) in accordance with applicable regulations on electronic waste treatment and disposal at its own cost. If Xxxxx decides retrieve these defective modules, the ownership of the relevant module(s) belong to Jinko, and Xxxxx shall bear the transportation costs. Any repair or replacement of the affected Modules shall not increase the applicable warranty period. The warranty period for replaced or repaired Modules is the remainder of the warranty for the affected Modules.
