Common use of WARRANTY EXCLUSION AND LIMITATION Clause in Contracts

WARRANTY EXCLUSION AND LIMITATION. 3.1 THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD IDENTIFIED IN ARTICLE 2 ABOVE. SOME STATES OR OTHER DECIDING JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO SELLER OF THE PV MODULES NOR ANY OTHER PERSON IS AUTHORIZED TO MAKE ANY WARRANTIES OTHER THAN THOSE SET FORTH HEREIN, OR TO EXTEND THE DURATION OF THE WARRANTIES BEYOND THE PERIODS SET FORTH ABOVE, ON BEHALF OF BYD. 3.2 In any event, all warranty claims must be received by BYD within the applicable warranty period for this Warranty to be effective and BYD reserve the right to determine whether the Warranty will apply to such claims for defective Product. 3.3 The Warranty does not apply to any Product which has been subjected to: 3.3.1 Misuse, abuse, neglect or accident in storage, transportation, handling, installation, application, use or service; 3.3.2 Modification, alteration, repair or replace, without the expressed, prior written consent of BYD or its authorization maintainer; 3.3.3 Non-observance of BYD’s installation and maintenance instructions; 3.3.4 Alteration, removal, and illegible of the type or serial number of the Product; 3.3.5 Used in an abnormal environmental condition not conforming to the Installation and User Manual; 3.3.6 Power failure surges, lightning, flood, fire, accidental breakage or other events beyond BYD’s control; 3.3.7 Use in such a manner as to infringe BYD or any third party’s intellectual property rights. To avoid doubt, the Product itself which provided by BYD, and the use according to BYD’s instructions or Installation and User Manual will not infringe BYD and any third party’s intellectual property rights. 3.3.8 Cosmetic blemishes associated with installation, or the normal wear and tear of PV Modules.

WARRANTY EXCLUSION AND LIMITATION. 3.1 3.1. THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD IDENTIFIED IN ARTICLE 2 ABOVE. SOME STATES OR OTHER DECIDING JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO SELLER OF THE PV MODULES NOR ANY OTHER PERSON IS AUTHORIZED TO MAKE ANY WARRANTIES OTHER THAN THOSE SET FORTH HEREIN, OR TO EXTEND THE DURATION OF THE WARRANTIES BEYOND THE PERIODS SET FORTH ABOVE, ON BEHALF OF BYD. 3.2 3.2. In any event, all warranty claims must be received by BYD within the applicable warranty period for this Warranty to be effective and BYD reserve the right to determine whether the Warranty will apply to such claims for defective Product. 3.3 3.3. The Warranty does not apply to any Product which has been subjected to: 3.3.1 3.3.1. Misuse, abuse, neglect or accident in storage, transportation, handling, installation, application, use or service; 3.3.2 3.3.2. Modification, alteration, repair or replace, without the expressed, prior written consent of BYD or its authorization maintainer; 3.3.3 3.3.3. Non-observance of BYD’s installation and maintenance instructions; 3.3.4 3.3.4. Alteration, removal, and illegible of the type or serial number of the Product; 3.3.5 3.3.5. Used in an abnormal environmental condition not conforming to the Installation and User Manual; 3.3.6 3.3.6. Power failure surges, lightning, flood, fire, accidental breakage or other events beyond BYD’s control; 3.3.7 3.3.7. Use in such a manner as to infringe BYD or any third party’s intellectual property rights. To avoid doubt, the Product itself which provided by BYD, and the use according to BYD’s instructions or Installation and User Manual will not infringe BYD and any third party’s intellectual property rights. 3.3.8 3.3.8. Cosmetic blemishes associated with installation, or the normal wear and tear of PV Modules.