Common use of Year Limited Performance Warranty Clause in Contracts

Year Limited Performance Warranty. The Supplier warrants for a period of 25-year performance warranty (“Performance Warranty Period”) in details as below: during the first year of the Performance Warranty Period, the actual power output (performance) of the modules will reach at least 98% of the nominal power output; and from the second year, the actual power output will decline annually by no more than 0.55% for a period of 24 years; by the end of the 25th year, an actual output of at least 84.8% of the nominal power output is guaranteed. Actual Power Output (Year=1) ≥ Nominal Power * (1 - 2%) Actual Power Output(Year=N, 2≤N≤25）≥ Nominal Power *( 1 –(2% + 0.55% *(N-1)) The actual power output is to be measured under standard testing condition (“STC” or “Standard Test Conditions”) in an independent testing lab accepted by the Supplier or previously designated by the Supplier, and when measuring the actual power output, measurement equipment tolerance is to be taken into consideration, as per IEC60904. Standard Test Conditions are: Air mass 1.5, wind speed 0m/s, irradiance 1000W/ ㎡, cell temperature 25°C 2. Warranty Claim Procedure (e) evidence for purchase of the affected module; (f) model of the affected module; (g) project location; (h) other supplementary information required by the Supplier. In the event the Customer fails to notify the Supplier and provide the relevant information of (a)-(h) as described above within the time required by the Supplier, the Supplier is entitled to refuse to process the relevant claim demand without any liability until the Customer has provided the relevant information as required by the Supplier. The Supplier will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If the Supplier at its sole discretion considers it necessary, the Supplier can request the module be shipped back to the Supplier’s factory for testing, in which case, the Supplier will provide the customer with a Return Merchandise Authorization (“RMA”). In the absence of such RMA, any returned module will not be accepted by the Supplier. In the event the Customer returns the Solar Modules without written agreement of the Supplier, the risks (including but not limited to damage and loss of the Solar Modules) and expenses related to the Solar Modules shall be borne by the Customer. Subject to the approval of the Supplier’s technical service department, the necessary and documented shipping costs related to the Limited Product Warranty or the Limited Performance Warranty will be compensated by the Supplier to the customer. The Supplier is entitled to decide whether to send a representative to investigate the alleged claims on site and related cost and expenses shall be borne by the Supplier. In the event that the Supplier decides to send a representative to the product installation site for verification, the customer shall actively cooperate for such investigation. If the customer refuses the Supplier to enter the site for investigation without a proper and appropriate reason, the Supplier has the right to extend the claim process until necessary evidence is provided; if the customer requires the concerned modules to be sent to an independent third-party testing agency for test (the lab must be approved by both parties), the customer will pay for the reasonable costs incurred by such test in advance. If the test results from the third-party testing agency determines that the existence of a module failure and the cause of such failure lies with the Supplier, then the reasonable and direct and documented costs incurred due to such test can be passed on to the Supplier, including shipping freight, transportation insurance, and laboratory testing costs, etc.

Year Limited Performance Warranty. The Supplier warrants for a period of 2530-year performance warranty (“Performance Warranty Period”) in details as below: during the first year of the Performance Warranty Period, the actual power output (performance) of the modules will reach at least 98% of the nominal power output; and from the second year, the actual power output will decline annually by no more than 0.550.45% for a period of 24 29 years; by the end of the 25th 30th year, an actual output of at least 84.885% of the nominal power output is guaranteed. For the avoidance of doubt, this limited performance warranty only applies to the actual power output of the front-side of the modules. Actual Power Output (Year=1) ≥ Nominal Power * (1 - 2%) Actual Power Output(Year=N, 2≤N≤25）≥ 2≤N≤30）≥ Nominal Power *( 1 –(2% + 0.550.45% *(N-1)) The actual power output is to be measured under standard testing condition (“STC” or “Standard Test Conditions”) in an independent testing lab accepted by the Supplier or previously designated by the Supplier, and when measuring the actual power output, measurement equipment tolerance is to be taken into consideration, as per IEC60904. Standard Test Conditions are: Air mass 1.5, wind speed 0m/s, irradiance 1000W/ ㎡1000W/m2, cell temperature 25°C 2. Warranty Claim Procedure (b) a detailed description of the claim; (c) supporting materials, including photos or data; (d) serial number of affected module; (e) evidence for purchase of the affected module; (f) model of the affected module; (g) project location; (h) other supplementary information required by the Supplier. In the event the Customer fails to notify the Supplier and provide the relevant information of (a)-(h) as described above within the time required by the Supplier, the Supplier is entitled to refuse to process the relevant claim demand without any liability until the Customer has provided the relevant information as required by the Supplier. The Supplier will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If the Supplier at its sole discretion considers it necessary, the Supplier can request the module be shipped back to the Supplier’s factory for testing, in which case, the Supplier will provide the customer with a Return Merchandise Authorization (“RMA”). In the absence of such RMA, any returned module will not be accepted by the Supplier. In the event the Customer returns the Solar Modules without written agreement of the Supplier, the risks (including but not limited to damage and loss of the Solar Modules) and expenses related to the Solar Modules shall be borne by the Customer. Subject to the approval of the Supplier’s technical service department, the necessary and documented shipping costs related to the Limited Product Warranty or the Limited Performance Warranty will be compensated by the Supplier to the customer. The Supplier is entitled to decide whether to send a representative to investigate the alleged claims on site and related cost and expenses shall be borne by the Supplier. In the event that the Supplier decides to send a representative to the product installation site for verification, the customer shall actively cooperate for such investigation. If the customer refuses the Supplier to enter the site for investigation without a proper and appropriate reason, the Supplier has the right to extend the claim process until necessary evidence is provided; if the customer requires the concerned modules to be sent to an independent third-party testing agency for test (the lab must be approved by both parties), the customer will pay for the reasonable costs incurred by such test in advance. If the test results from the third-party testing agency determines that the existence of a module failure and the cause of such failure lies with the Supplier, then the reasonable and direct and documented costs incurred due to such test can be passed on to the Supplier, including shipping freight, transportation insurance, and laboratory testing costs, etc.

Year Limited Performance Warranty. The Supplier warrants for a period of 25-year performance warranty (“Performance Warranty Period”) in details as below: during the first year of the Performance Warranty Period, the actual power output (performance) of the modules will reach at least 98% of the nominal power output; and from the second year, the actual power output will decline annually by no more than 0.55% for a period of 24 years; by the end of the 25th year, an actual output of at least 84.8% of the nominal power output is guaranteed. Actual Power Output (Year=1) ≥ Nominal Power * (1 - 2%) Actual Power Output(Year=N, 2≤N≤25）≥ Nominal Power *( 1 –(2% + 0.55% *(N-1)) The actual power output is to be measured under standard testing condition (“STC” or “Standard Test Conditions”) in an independent testing lab accepted by the Supplier or previously designated by the Supplier, and when measuring the actual power output, measurement equipment tolerance is to be taken into consideration, as per IEC60904. Standard Test Conditions are: Air mass 1.5, wind speed 0m/s, irradiance 1000W/ 1000W/㎡, cell temperature 25°C 2. Warranty Claim Procedure (e) evidence for purchase of the affected module; (f) model of the affected module; (g) project location; (h) other supplementary information required by the Supplier. In the event the Customer fails to notify the Supplier and provide the relevant information of (a)-(h) as described above within the time required by the Supplier, the Supplier is entitled to refuse to process the relevant claim demand without any liability until the Customer has provided the relevant information as required by the Supplier. The Supplier will review and evaluate alleged claims after receipt of the claim and full information as stipulated herein. If the Supplier at its sole discretion considers it necessary, the Supplier can request the module be shipped back to the Supplier’s factory for testing, in which case, the Supplier will provide the customer with a Return Merchandise Authorization (“RMA”). In the absence of such RMA, any returned module will not be accepted by the Supplier. In the event the Customer returns the Solar Modules without written agreement of the Supplier, the risks (including but not limited to damage and loss of the Solar Modules) and expenses related to the Solar Modules shall be borne by the Customer. Subject to the approval of the Supplier’s technical service department, the necessary and documented shipping costs related to the Limited Product Warranty or the Limited Performance Warranty will be compensated by the Supplier to the customer. The Supplier is entitled to decide whether to send a representative to investigate the alleged claims on site and related cost and expenses shall be borne by the Supplier. In the event that the Supplier decides to send a representative to the product installation site for verification, the customer shall actively cooperate for such investigation. If the customer refuses the Supplier to enter the site for investigation without a proper and appropriate reason, the Supplier has the right to extend the claim process until necessary evidence is provided; if the customer requires the concerned modules to be sent to an independent third-party testing agency for test (the lab must be approved by both parties), the customer will pay for the reasonable costs incurred by such test in advance. If the test results from the third-party testing agency determines that the existence of a module failure and the cause of such failure lies with the Supplier, then the reasonable and direct and documented costs incurred due to such test can be passed on to the Supplier, including shipping freight, transportation insurance, and laboratory testing costs, etc.