Year Power Output Warranty. Subject to and effective upon execution of the First Solar Reclamation and Recycling Agreement, First Solar additionally warrants to the original purchaser that modules installed in accordance with the System Design and Application document specified in the purchase agreement shall (i) during the first ten years following installation of the Product, produce at least 90% of the nominal power output rating (Pmpp +/-5%), and (ii) during twenty-five years following installation of the Product, produce at least 80% of the nominal power output rating (Pmpp +/-5%). Power output shall be measured and normalized to Standard Test Conditions using a method and laboratory approved by First Solar. If the Product is determined to be in breach of the foregoing warranty, First Solar will, at its option, either repair or replace the product under the terms of its Return Policy or provide supplemental Product to remedy the breach of warranty. Limitation of Remedies THE REMEDIES SET FORTH ABOVE ARE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY BY FIRST SOLAR. The sole purpose of these exclusive remedies shall be to provide for the repair, replacement, or supplementation of products in breach of warranty. This exclusive remedy shall not be deemed to have failed its essential purpose so long as First Solar is willing and able to replace or repair the breaching products, or to supplement with additional Product as described under “Twenty-Five Year Power Output Warranty” above. Transfer of Warranty This warranty will transfer from the original purchaser to any subsequent purchaser of the Product, subject to and effective upon execution of the First Solar Assignment Agreement or a comparable agreement specified by First Solar. Proper Operating Conditions The warranties provided hereunder shall be void and of no effect if the Product is not properly installed, integrated or maintained, or operated under normal operating conditions as specified in the First Solar FS Series Module User Guide and System Design and Application document specified in the purchase agreement. First Solar is not responsible for damage to the Product due to improper handling, physical abuse or installation that is not consistent with the System Design and Application (SDA) document. Return Policy IF a product must be returned to First Solar in the event of a warranty claim, First Solar will arrange for the return of the Product at First Solar’s expense so long as such Product is returned in accordance with the Return Material Authorization (RMA) issued by First Solar. The packaging, shipping method, and return destination of the Product will be specified in an RMA issued by First Solar. Warranty Limitations EXCEPT AS EXPRESSLY SET FORTH ABOVE, FIRST SOLAR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL FIRST SOLAR BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, ARISING, DIRECTLY OR INDIRECTLY, FROM THE SALE OR USE OF ANY PRODUCTS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF FIRST SOLAR FOR NONCONFORMING PRODUCTS EXCEED THE AMOUNT PAID BY THE ORIGINAL PURCHASER TO FIRST SOLAR FOR THE PARTICULAR PRODUCT INVOLVED, PLUS REASONABLE SHIPPING EXPENSES INCURRED BY SUCH PURCHASER. NOTWITHSTANDING THE ABOVE LIMITATIONS OF REMEDIES AND THE WARRANTY LIMITATIONS, THE REGULATIONS OF THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ) REMAIN EFFECTIVE. This agreement is effective as of the date the contract is signed by both parties. This agreement applies to the First Solar modules described on Exhibit A (the “Modules”). In order to assure that the Modules are returned to First Solar for recycling after they are taken out of service, First Solar, LLC and First Solar GmbH (collectively referred to as “First Solar”) and the undersigned Owner of the Modules (the “Owner”) agree as follows:
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Samples: Framework Agreement (First Solar, Inc.), Framework Agreement (First Solar, Inc.), Framework Agreement (First Solar, Inc.)
Year Power Output Warranty. Subject to and effective upon execution of the First Solar Reclamation and Recycling Agreement, First Solar additionally warrants to the original purchaser that modules installed in accordance with the System Design and Application document specified in the purchase agreement shall (i) during the first ten years following installation of the Product, produce at least 90% of the nominal power output rating (Pmpp +/-5%), and (ii) during twenty-five years following installation of the Product, produce at least 80% of the nominal power output rating (Pmpp +/-5%). Power output shall be measured and normalized to Standard Test Conditions using a method and laboratory approved by First Solar. If the Product is determined to be in breach of the foregoing warranty, First Solar will, at its option, either repair or replace the product under the terms of its Return Policy or provide supplemental Product to remedy the breach of warranty. Limitation of Remedies THE REMEDIES SET FORTH ABOVE ARE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY BY FIRST SOLAR. The sole purpose of these exclusive remedies shall be to provide for the repair, replacement, or supplementation of products in breach of warranty. This exclusive remedy shall not be deemed to have failed its essential purpose so long as First Solar is willing and able to replace or repair the breaching products, or to supplement with additional Product as described under “Twenty-Five Year Power Output Warranty” above. Transfer of Warranty This warranty will transfer from the original purchaser to any subsequent purchaser of the Product, subject to and effective upon execution of the First Solar Assignment Agreement or a comparable agreement specified by First Solar. Proper Operating Conditions The warranties provided hereunder shall be void and of no effect if the Product is not properly installed, integrated or maintained, or operated under normal operating conditions as specified in the First Solar FS Series Module User Guide and System Design and Application document specified in the purchase agreement. First Solar is not responsible for damage to the Product due to improper handling, physical abuse or installation that is not consistent with the System Design and Application (SDA) document. Return Policy IF a product must be returned to First Solar in the event of a warranty claim, First Solar will arrange for the return of the Product at First Solar’s expense so long as such Product is returned in accordance with the Return Material Authorization (RMA) issued by First Solar. The packaging, shipping method, and return destination of the Product will be specified in an RMA issued by First Solar. Warranty Limitations EXCEPT AS EXPRESSLY SET FORTH ABOVE, FIRST SOLAR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL FIRST SOLAR BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, ARISING, DIRECTLY OR INDIRECTLY, FROM THE SALE OR USE OF ANY PRODUCTS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF FIRST SOLAR FOR NONCONFORMING PRODUCTS EXCEED THE AMOUNT PAID BY THE ORIGINAL PURCHASER TO FIRST SOLAR FOR THE PARTICULAR PRODUCT INVOLVED, PLUS REASONABLE SHIPPING EXPENSES INCURRED BY SUCH PURCHASER. NOTWITHSTANDING THE ABOVE LIMITATIONS OF REMEDIES AND THE WARRANTY LIMITATIONS, THE REGULATIONS OF THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ) REMAIN EFFECTIVE. Appendix E Page 1 This agreement is effective as of the date the contract is signed by both parties. This agreement applies to the First Solar modules described on Exhibit A (the “Modules”). In order to assure that the Modules are returned to First Solar for recycling after they are taken out of service, First Solar, LLC and First Solar GmbH (collectively referred to as “First Solar”) and the undersigned Owner of the Modules (the “Owner”) agree as follows:
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