Remedies for Claims Sample Clauses

Remedies for Claims a) Remedies Option In the event that the Module(s) breaches the Warranties, then Jinko shall, at its sole discretion, provide one of the following remedies: 1) Repair the defective Modules. In such case, Xxxxx shall prepare the repair project plan and carry out the repair project for the affected modules; or 2) Replace the defective Modules. In such case, the replacement modules’ Actual Power Output shall be no less than the Theoretical Minimum Residual Warranty Power Output of the replaced Module(s) Theoretical Minimum Residual Warranty Power Output= Nominal Power Output * (1 - (First Year Degradation Rate + Annual Degradation Rate * (N-1)) Note: year N，0≤N≤Limited Power Warranty Period; or 3) Refund the Residual Value of the defective modules or refund the Value Equivalent of the Output Gap (Gap between the Theoretical Minimum Residual Warranty Power Output and the Actual Power Output of the defective Module(s)） Residual Value = Current Price (price-per-watt) * Nominal Power Output * (Left-over Limited Power Warranty Period / Limited Power Warranty Period) Value Equivalent of Output Gap = Current Price (price-per-watt) * (Theoretical Minimum Residual Warranty Power Output – Actual Power Output) The Current Price (price-per-watt) is determined by Xxxxx; or 4) Provide additional Module(s) to compensate for the power output loss for any Module which causes a breach of the Warranties.
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Remedies for Claims. In the event that the customer claims that the module(s) fails to meet the “Limited Warranty” as described in Sections 1.1 and 1.2 above and the Supplier confirms the cause for such defect xxx.xxxxxxxxxx.xxx lies on the product material or workmanship; or at the request of the client, a mutually-agreed third-party testing was done to reveal that the cause of such defect lies on the material or workmanship, then the Supplier shall, at its sole discretion, either 1) Repair the defective solar modules. In such case, the Supplier shall prepare the repair project plan and carry out the repair project for the affected modules; or 2) Replace the defective modules or provide additional module(s) to make up for the output gap between the guaranteed output and the actual power output of the defective module(s) ; or 3) Refund the residual value of the defective modules or refund the value equivalent of the output gap between the guaranteed power output and the actual power output of the defective module(s). Residual value = = current market price (price-per-watt) * nominal power * left-over service life/ 25 Value Equivalent of Output Gap = current market price (price-per-watt) * (guaranteed power output –
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Remedies for Claims. In the event that the customer claims that the module(s) fails to meet the “Limited Warranty” as described in Sections 1.1 and 1.2 above and the Supplier confirms the cause for such defect lies on the product material or workmanship; or at the request of the client, a mutually-agreed third-paky testing was done to reveal that the cause of such defect lies on the material or workmanship, then the Supplier shall, at its sole discretion, either 1. Repair the defective solar modules. In such case, the Supplier shall prepare the repair project plan and carry out the repair project for the affected modules; or 2. Replace the defective modules or provide additional module(s) to make up for the output gap between the guaranteed output and the actual power output of the defective module(s) ; or 3. Refund the residual value of the defective modules or refund the value equivalent of the output gap between the guaranteed power output and the actual power output of the defective module(s).
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Remedies for Claims. In the event that the Module(s) fails to meet the “Limited Warranty”, then Jinko shall, at its sole discretion, either 1) Repair the defective solar modules. In such case, Xxxxx shall prepare the repair project plan and carry out the repair project for the affected modules; or 2) Replace the defective modules. In such case, the replaced modules actual power output shall be no less than the theoretical residual warranty power output of the defective module(s) ; or 3) Refund the Residual Value of the defective modules or refund the Value Equivalent of the A. Residual value = Current Price (price-per-watt) * Nominal Power * Left-over Warranty Period / Limited Warranty Period B. Value Equivalent of Output Gap = Current Price (price-per-watt) * (Residual Warranty Power Output – Actual Power Output) 4) Provide additional module(s) to make up for the output loss
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Related to Remedies for Claims

  • REMEDIES OF THE PARTIES a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. c. If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement Services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.