Common use of Remedies for Claims Clause in Contracts

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.

Appears in 18 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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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 Jinko 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.

Appears in 6 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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.

Appears in 4 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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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 Jinko 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.

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

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