Common use of Warranty Claim and Remedies Clause in Contracts

Warranty Claim and Remedies. 2.1 Warranty Claim a) Any notice required or permitted under this Limited Warranty shall be in writing and deemed to be properly given by the Customer and received by the Jinko. Mailed notices and facsimile notices shall be addressed to the following address: +00 0000 000 000; +00 0 0000 0000, JINKO SOLAR AUSTRALIA HOLDINGS CO. PTY LTD. ATTN: Customer Care Department Level 2, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx XXX 0000, as identified at xxxx://xxxxxxxxxx.xxx.xx/after sales-and-technical-service/. Notices should be sent to xxx@xxxxxxxxxx.xxx. Contacts of Jinko Solar Co., ltd. as following: Address: Xx.0, Xxxx 0000, Xxxxxxxxx Xxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx. xxx@xxxxxxxxxx.xxx, Postcode: 201106, Tel: +00-00-00000000, Fax: +86-21- 00000000, can also be located at xxxxx://xxx.xxxxxxxxxx.xxx/en/site/global. Customer shall promptly provide contact information upon request. For the avoidance of doubt, e-mail alone shall not constitute valid notice pursuant to this Section 2. b) Customer shall bear the burden of establishing a breach of the Limited Product Warranty or Limited Power Warranty (collectively, “Warranties”), and if Customer believes that there has been a breach of the Warranties, Customer shall promptly and no later than thirty (30) days via the after-sales online platform at xxxxx://xx.xxxxxxxxxx.xxx after knowledge thereof, provide notice to Xxxxx setting forth the following evidentiary documents or information related to the claim: 1) Identifying information of the claimant; 2) A detailed description of the claim; 3) Supporting materials including photos of affected modules or testing reports; 4) Serial number, types, and numbers of affected module; 5) Evidence of purchase of the affected Module and Warranty Start Date; 6) Initial installation location; 7) Other supplementary information required by Xxxxx; and 8) Upon request by Xxxxx, the actual Module(s) allegedly causing the breach. In the event that Customer fails to notify Xxxxx and provide the relevant information of (1)-(8) as described above, Xxxxx is entitled to refuse to process the relevant claim without any liability. c) Xxxxx will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If Jinko at its sole discretion considers it necessary, Xxxxx can request the Modules be shipped to the Independent Testing Lab for testing. In the event Customer returns the Modules without written consent from Jinko, the risks (including but not limited to damage and loss of the Modules) and expenses related to the Modules shall be borne by Customer. d) Notwithstanding anything to the contrary herein, Xxxxx shall be entitled, in Xxxxx’s sole discretion upon written notice to Customer, to require that any breach of the Warranties alleged by Customer be reviewed by TÜV Rheinland, TÜV SUD or other neutral third party testing laboratory selected by Xxxxx and approved by Customer, such approval not to be unreasonably withheld or delayed (“Independent Testing Lab”). The power measurement tolerance of any testing equipment utilized by any Independent Testing Lab in performing tests required by this Section 2.1 (d)] shall be disclosed in writing to both Parties prior to performance of any such tests and shall be reflected in any final test results provided by the Independent Testing Lab. The determination by an Independent Testing Lab as to whether a breach has occurred shall be final and conclusive with respect to the matters covered by such determination. In all measurements of Actual Power Output, the effect of test uncertainty needs to be considered as per IEC 61215. e) Xxxxx shall first bear reasonable testing costs incurred by the Independent Testing Lab pursuant to Section 2.1(d) hereto, including but not limited to shipping, testing services, and insurance. However, Customer shall promptly upon receipt of notice indemnify Jinko for all such costs on a dollar-for-dollar basis in the event that the Independent Testing Lab is unable to confirm a breach of the Warranties or, if no Independent Testing Lab was utilized, Customer is otherwise unable to establish a breach of the Warranties. f) Notwithstanding anything to the contrary in this Limited Warranty, Xxxxx shall not be liable to the successors and permitted assigns of the Limited Warranty for the portion of warranty benefits that arising from the similar root cause and has already been processed and/or enjoyed prior to the transfer of this Limited Warranty. For the avoidance of doubt, the benefits of the successors and permitted assigns of the Limited Warranty shall exclude the portion claimed by the previous Customer.

Warranty Claim and Remedies. 2.1 Warranty Claim a) Any notice required or permitted under this Limited Warranty shall be in writing and deemed to be properly given by the Customer and received by the Jinko. Mailed notices and facsimile notices shall be addressed to the following address: +00 0000 000 000; +00 0 0000 0000, JINKO SOLAR AUSTRALIA HOLDINGS CO. PTY LTD. ATTN: Customer Care Department Level 2, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx XXX 0000, as identified at xxxx://xxxxxxxxxx.xxx.xx/after sales-and-technical-service/. Notices should be sent to xxx@xxxxxxxxxx.xxx. Contacts of Jinko Solar Co., ltd. as following: Address: Xx.0, Xxxx 0000, Xxxxxxxxx Xxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx. xxx@xxxxxxxxxx.xxx, Postcode: 201106, Tel: +00-00-00000000, Fax: +86-21- 00000000, can also be located at xxxxx://xxx.xxxxxxxxxx.xxx/en/site/global. Customer shall promptly provide contact information upon request. For the avoidance of doubt, e-mail alone shall not constitute valid notice pursuant to this Section 2. b) Customer shall bear the burden of establishing a breach of the Limited Product Warranty or Limited Power Warranty (collectively, “Warranties”), and if Customer believes that there has been a breach of the Warranties, Customer shall promptly and no later than thirty (30) days via the after-sales online platform at xxxxx://xx.xxxxxxxxxx.xxx email after knowledge thereof, provide notice to Xxxxx setting forth the following evidentiary documents or information related to the claim: 1) Identifying information of the claimant; 2) A detailed description of the claim; 3) Supporting materials including photos of affected modules or testing reports; 4) Serial number, types, and numbers of affected module; 5) Evidence of purchase of the affected Module and Warranty Start Date; 6) Initial installation location; 7) Other supplementary information required by Xxxxx; and 8) Upon request by Xxxxx, the actual Module(s) allegedly causing the breach. In the event that Customer fails to notify Xxxxx and provide the relevant information of (1)-(8) as described above, Xxxxx is entitled to refuse to process the relevant claim without any liability. c) Xxxxx will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If Jinko Xxxxx at its sole discretion considers it necessary, Xxxxx can request the Modules be shipped to the Independent Testing Lab for testing. In the event Customer returns the Modules without written consent from Jinko, the risks (including but not limited to damage and loss of the Modules) and expenses related to the Modules shall be borne by Customer. d) Notwithstanding anything to the contrary herein, Xxxxx shall be entitled, in Xxxxx’s sole discretion upon written notice to Customer, to require that any breach of the Warranties alleged by Customer be reviewed by TÜV Rheinland, TÜV SUD or other neutral third party testing laboratory selected by Xxxxx and approved by Customer, such approval not to be unreasonably withheld or delayed (“Independent Testing Lab”). The power measurement tolerance of any testing equipment utilized by any Independent Testing Lab in performing tests required by this Section 2.1 (d)] shall be disclosed in writing to both Parties prior to performance of any such tests and shall be reflected in any final test results provided by the Independent Testing Lab. The determination by an Independent Testing Lab as to whether a breach has occurred shall be final and conclusive with respect to the matters covered by such determination. In all measurements of Actual Power Output, the effect of test uncertainty needs to be considered as per IEC 61215. e) Xxxxx shall first bear reasonable testing costs incurred by the Independent Testing Lab pursuant to Section 2.1(d) hereto, including but not limited to shipping, testing services, and insurance. However, Customer shall promptly upon receipt of notice indemnify Jinko for all such costs on a dollar-for-dollar basis in the event that the Independent Testing Lab is unable to confirm a breach of the Warranties or, if no Independent Testing Lab was utilized, Customer is otherwise unable to establish a breach of the Warranties. f) Notwithstanding anything to the contrary in this Limited Warranty, Xxxxx shall not be liable to the successors and permitted assigns of the Limited Warranty for the portion of warranty benefits that arising from the similar root cause and has already been processed and/or enjoyed prior to the transfer of this Limited Warranty. For the avoidance of doubt, the benefits of the successors and permitted assigns of the Limited Warranty shall exclude the portion claimed by the previous Customer.

Warranty Claim and Remedies. 2.1 Warranty Claim a) Any notice required or permitted under this Limited Warranty shall be in writing and deemed to be properly given by the Customer and received by the Jinko. Mailed notices and facsimile notices shall be addressed to the following address: +00 0000 000 000; +00 0 0000 0000, JINKO SOLAR AUSTRALIA HOLDINGS CO. PTY LTD. ATTN: Customer Care Department Level 2, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx XXX 0000, as identified at xxxx://xxxxxxxxxx.xxx.xx/after sales-and-technical-service/. Notices should be sent to xxx@xxxxxxxxxx.xxx. Contacts of Jinko Solar Co., ltd. as following: Address: Xx.0, Xxxx 0000, Xxxxxxxxx Xxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx. xxx@xxxxxxxxxx.xxx, Postcode: 201106, Tel: +00-00-00000000, Fax: +86-21- 00000000, can also be located at xxxxx://xxx.xxxxxxxxxx.xxx/en/site/global. Customer shall promptly provide contact information upon request. For the avoidance of doubt, e-mail alone shall not constitute valid notice pursuant to this Section 2. b) Customer shall bear the burden of establishing a breach of the Limited Product Warranty or Limited Power Warranty (collectively, “Warranties”), and if Customer believes that there has been a breach of the Warranties, Customer shall promptly and no later than thirty (30) days via the after-sales online platform at xxxxx://xx.xxxxxxxxxx.xxx email after knowledge thereof, provide notice to Xxxxx setting forth the following evidentiary documents or information related to the claim: 1) Identifying information of the claimant; 2) A detailed description of the claim; 3) Supporting materials including photos of affected modules or testing reports; 4) Serial number, types, and numbers of affected module; 5) Evidence of purchase of the affected Module and Warranty Start Date; 6) Initial installation location; 7) Other supplementary information required by Xxxxx; and 8) Upon request by Xxxxx, the actual Module(s) allegedly causing the breach. In the event that Customer fails to notify Xxxxx and provide the relevant information of (1)-(8) as described above, Xxxxx is entitled to refuse to process the relevant claim without any liability. c) Xxxxx will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If Jinko at its sole discretion considers it necessary, Xxxxx can request the Modules be shipped to the Independent Testing Lab for testing. In the event Customer returns the Modules without written consent from Jinko, the risks (including but not limited to damage and loss of the Modules) and expenses related to the Modules shall be borne by Customer. d) Notwithstanding anything to the contrary herein, Xxxxx shall be entitled, in Xxxxx’s sole discretion upon written notice to Customer, to require that any breach of the Warranties alleged by Customer be reviewed by TÜV Rheinland, TÜV SUD or other neutral third party testing laboratory selected by Xxxxx and approved by Customer, such approval not to be unreasonably withheld or delayed (“Independent Testing Lab”). The power measurement tolerance of any testing equipment utilized by any Independent Testing Lab in performing tests required by this Section 2.1 (d)] shall be disclosed in writing to both Parties prior to performance of any such tests and shall be reflected in any final test results provided by the Independent Testing Lab. The determination by an Independent Testing Lab as to whether a breach has occurred shall be final and conclusive with respect to the matters covered by such determination. In all measurements of Actual Power Output, the effect of test uncertainty needs to be considered as per IEC 61215. e) Xxxxx shall first bear reasonable testing costs incurred by the Independent Testing Lab pursuant to Section 2.1(d) hereto, including but not limited to shipping, testing services, and insurance. However, Customer shall promptly upon receipt of notice indemnify Jinko for all such costs on a dollar-for-dollar basis in the event that the Independent Testing Lab is unable to confirm a breach of the Warranties or, if no Independent Testing Lab was utilized, Customer is otherwise unable to establish a breach of the Warranties. f) Notwithstanding anything to the contrary in this Limited Warranty, Xxxxx shall not be liable to the successors and permitted assigns of the Limited Warranty for the portion of warranty benefits that arising from the similar root cause and has already been processed and/or enjoyed prior to the transfer of this Limited Warranty. For the avoidance of doubt, the benefits of the successors and permitted assigns of the Limited Warranty shall exclude the portion claimed by the previous Customer.

Warranty Claim and Remedies. 2.1 Warranty Claim a) Any notice required or permitted under this Limited Warranty shall be in writing and deemed to be properly given by the Customer and received by the Jinko. Mailed notices and facsimile notices shall be addressed to the following address: +00 0000 000 000; +00 0 0000 0000, JINKO SOLAR AUSTRALIA HOLDINGS CO. PTY LTD. ATTN: Customer Care Department Level 2, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx XXX 0000, as identified at xxxx://xxxxxxxxxx.xxx.xx/after sales-and-technical-service/. Notices should be sent to xxx@xxxxxxxxxx.xxxxx@xxxxxxxxxx.xxx. Contacts of Jinko Solar Co., ltd. as following: Address: Xx.0, Xxxx 0000, Xxxxxxxxx Xxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx. xxx@xxxxxxxxxx.xxxxx@xxxxxxxxxx.xxx, Postcode: 201106, Tel: +00-00-00000000, Fax: +86-21- 00000000, can also be located at xxxxx://xxx.xxxxxxxxxx.xxx/en/site/global. Customer shall promptly provide contact information upon request. For the avoidance of doubt, e-mail alone shall not constitute valid notice pursuant to this Section 2. b) Customer shall bear the burden of establishing a breach of the Limited Product Warranty or Limited Power Warranty (collectively, “Warranties”), and if Customer believes that there has been a breach of the Warranties, Customer shall promptly and no later than thirty (30) days via the after-sales online platform at xxxxx://xx.xxxxxxxxxx.xxx email after knowledge thereof, provide notice to Xxxxx setting forth the following evidentiary documents or information related to the claim: 1) Identifying information of the claimant; 2) A detailed description of the claim; 3) Supporting materials including photos of affected modules or testing reports; 4) Serial number, types, and numbers of affected module; 5) Evidence of purchase of the affected Module and Warranty Start Date; 6) Initial installation location; 7) Other supplementary information required by Xxxxx; and 8) Upon request by Xxxxx, the actual Module(s) allegedly causing the breach. In the event that Customer fails to notify Xxxxx and provide the relevant information of (1)-(8) as described above, Xxxxx is entitled to refuse to process the relevant claim without any liability. c) Xxxxx will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If Jinko Xxxxx at its sole discretion considers it necessary, Xxxxx can request the Modules be shipped to the Independent Testing Lab for testing. In the event Customer returns the Modules without written consent from Jinko, the risks (including but not limited to damage and loss of the Modules) and expenses related to the Modules shall be borne by Customer. d) Notwithstanding anything to the contrary herein, Xxxxx shall be entitled, in Xxxxx’s sole discretion upon written notice to Customer, to require that any breach of the Warranties alleged by Customer be reviewed by TÜV Rheinland, TÜV SUD or other neutral third party testing laboratory selected by Xxxxx and approved by Customer, such approval not to be unreasonably withheld or delayed (“Independent Testing Lab”). The power measurement tolerance of any testing equipment utilized by any Independent Testing Lab in performing tests required by this Section 2.1 (d)] shall be disclosed in writing to both Parties prior to performance of any such tests and shall be reflected in any final test results provided by the Independent Testing Lab. The determination by an Independent Testing Lab as to whether a breach has occurred shall be final and conclusive with respect to the matters covered by such determination. In all measurements of Actual Power Output, the effect of test uncertainty needs to be considered as per IEC 61215. e) Xxxxx shall first bear reasonable testing costs incurred by the Independent Testing Lab pursuant to Section 2.1(d) hereto, including but not limited to shipping, testing services, and insurance. However, Customer shall promptly upon receipt of notice indemnify Jinko for all such costs on a dollar-for-dollar basis in the event that the Independent Testing Lab is unable to confirm a breach of the Warranties or, if no Independent Testing Lab was utilized, Customer is otherwise unable to establish a breach of the Warranties. f) Notwithstanding anything to the contrary in this Limited Warranty, Xxxxx shall not be liable to the successors and permitted assigns of the Limited Warranty for the portion of warranty benefits that arising from the similar root cause and has already been processed and/or enjoyed prior to the transfer of this Limited Warranty. For the avoidance of doubt, the benefits of the successors and permitted assigns of the Limited Warranty shall exclude the portion claimed by the previous Customer.