Common use of Repair, Replacement or Refund Remedy Clause in Contracts

Repair, Replacement or Refund Remedy. 4.1 In the event that any Product is found and confirmed by BYD to be defective, BYD will, at its discretion, (i) repair or replace such defective Product at no charge to the Customer for replacement modules or parts; or (ii) refund the difference between the actual power output of the Product and the power according to article 2.3, based on the current market price of the Product defined by BYD at the time of the Customer’s claim. The above (i) and (ii) remedy shall be the sole and exclusive remedies provided by BYD under the Warranty.

Repair, Replacement or Refund Remedy. 4.1 In the event that any Product is found and confirmed by BYD to be defective, BYD will, at its discretion, (iI) repair or replace such defective Product at no charge to the Customer for replacement modules or parts; or (iiII) refund the difference between the actual power output of the Product and the nominal power according to article 2.3, based on the current market price of the Product defined by BYD at the time of the Customer’s claim. The above (iI) and (iiII) remedy shall be the sole and exclusive remedies provided by BYD under the Warranty.

Repair, Replacement or Refund Remedy. 4.1 In the event that any Product is found and confirmed by BYD to be defective, BYD will, at its discretion, (i) repair or replace such defective Product at no charge to the Customer for replacement modules or parts; or (ii) refund the difference between the actual power output of the Product and the nominal power according to article 2.3, based on the current market price of the Product defined by BYD at the time of the Customer’s claim. The above (i) and (ii) remedy shall be the sole and exclusive remedies provided by BYD under the Warranty.