Common use of Remedies Description Clause in Contracts

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 Xxxxx shall bear the transportation costs related with delivery of the Module(s) from their original place to the destination location designated by Jinko.

Appears in 13 contracts

Samples: elalmacenfotovoltaico.com, jinkosolarcdn.shwebspace.com, jinkosolarcdn.shwebspace.com

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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 Xxxxx Jinko shall bear the transportation costs related with delivery of the Module(s) from their original place to the destination location designated by JinkoXxxxx.

Appears in 8 contracts

Samples: jinkosolar.com.au, assets.solarbrain.com.au, jinkosolar.com.au

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