Exclusions and Limitations. This Global Limited Warranty does not apply to any Products which have been subject to: a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (i) the payment was due and (ii) the direct customer who has obtained the module from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty claims; b) Failure to provide proof of purchase or product information; c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix; d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation); e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions at the place of installation; f) Change, erasure or illegible-made of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar); g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ; h) Exposure to voltage in excess to the maximum system voltage or power surges; i) defective components in the construction on which the module is mounted; j) Exposure to mold discoloration or similar external effects; k) unauthorized modifications: i) Operation/maintenance by use of unauthorized spare parts; ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products; iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.); l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.); m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU. n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers. o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers. p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 8 contracts
Sources: Global Limited Warranty, Global Limited Warranty, Global Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar Peimar or its subsidiaries which have put the module modules on the market even though provided that (i) ), the payment was due and (ii) the direct customer Buyer who has obtained the module modules from ▇▇▇▇▇ Solar Peimar or one of its subsidiary distributors („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇▇ Solar must inform the Buyer about the non-non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar▇▇’s user installation manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ SolarPeimar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Peimar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 8 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user installation manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
lj) Use use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s Solar`s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks). Parallel importation, etc.);
m) Any which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Parallel Import")▇▇▇▇▇ ▇▇▇▇▇`s intellectual property rights. But the Prohibition of Par- allel Import This does not apply to the for sales within the European Union ("EU"), where the sale of Products Union: such sales from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, ; whereas sales from outside the European Union into the European Union require such consent of ▇▇▇▇▇ Solar must be obtained Solar
k) Only for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers buyers located in Australia applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized authorised Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized authorised Australian resellers.
ol) only Only for Buyers buyers located in the US applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized authorised US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized authorised US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 6 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
lj) Use use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar▇▇▇▇▇’s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks). Parallel importation, etc.);
m) Any which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Parallel Import")▇▇▇▇▇ ▇▇▇▇▇’s intellectual property rights. But the Prohibition of Par- allel Import This does not apply to the for sales within the European Union ("EU"), where the sale of Products Union: such sales from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, ; whereas sales from outside the European Union into the European Union require such consent of ▇▇▇▇▇ Solar must be obtained Solar
k) Only for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers buyers located in Australia applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized Australian resellers.
ol) only Only for Buyers buyers located in the US applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 6 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ SolarTrina’s applicable user manual User Manual or other applicable local laws and regulations regulation of the place of installation);
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface offshore-structures (except floating systems pursuant to Sec 2) system and fishing light complementary system);
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective Defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
; k) unauthorized modificationsexposure to any of the following:
i) Unauthorized modifications/operation/maintenance by use of unauthorized spare parts;
ii) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 5 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user installation manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
lj) Use use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar▇▇▇▇▇’s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks). Parallel importation, etc.);
m) Any which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Parallel Import")▇▇▇▇▇ ▇▇▇▇▇’s intellectual property rights. But the Prohibition of Par- allel Import This does not apply to the for sales within the European Union ("EU"), where the sale of Products Union: such sales from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, ; whereas sales from outside the European Union into the European Union require such consent of ▇▇▇▇▇ Solar must be obtained Solar
k) Only for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers buyers located in Australia applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized Australian resellers.
ol) only Only for Buyers buyers located in the US applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 5 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user installation manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
lj) Use use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s Solar`s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks), etc.);
m) Any e.g. a subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition from the country in which the Product(s) were first put on the market to another country, except in case of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union: such sales within one Member State of the European Union ("EU"), where the sale of Products or from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, whereas sales from outside the European Union into the European Union require such consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EUSolar.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 5 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or and rules of use and application for the Products products listed under Sec. 1 (as defined detailed in Sec. clause 2) and Appendixapplicable during the Validity of this Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ SolarTrina’s applicable user manual User Manual or other applicable local laws and regulations regulation of the place of installation);;
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective Defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i; ii) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 3 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global Limited limited Warranty does not apply to any Products which have been subject to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (i) the payment was due and (ii) the direct customer who has obtained the module from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited limited Warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions at the place of installation;
f) Change, erasure or illegible-made of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited limited Warranty is only valid for Products from authorized au- thorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed de- tailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited limited Warranty is only valid for Products from authorized author- ized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited limited Warranty is only valid for Products from authorized au- thorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 3 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ SolarTrina’s applicable user manual User Manual or other applicable local laws and regulations regulation of the place of installation);;
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective Defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modificationsExposure to any of the following:
i) Unauthorized modifications;
ii) Operation/maintenance by use of unauthorized spare parts;
iiiii) Application under extremely hot or extreme environmental conditions conditions, or rapid changes in such environments result- ing application environments, resulting in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 3 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase vouchers or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance personnel who do not meet the requirements requested by ▇▇▇▇▇ Solar’s applicable of the user manual or other applicable local and are considered unqualified according to the laws and regulations of the place of installation);;
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective Defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modificationsExposure to any of the following:
i) Operation/maintenance Unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts;;
ii) Application under extremely hot or extreme environmental conditions conditions, or rapid changes in such environments result- ing application environments, resulting in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightninglightning , earthquakeearthquake , heavy snowfall, hailstone, strong breeze breeze,etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty property rights (including Including but not limited to patents, trademarks, etc.);;
m) Any Prohibition of parallel importation, which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import")from the country in which the Product(s) were first put on the market to another country. But the Prohibition of Par- allel Import This does not apply to the for sales within the European Union ("EU"), where the sale of Products Union: such sales from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, ; whereas sales from outside the European Union into the European Union or sales from the European Union into the outside European Union require the prior consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.Solar
n) only Only for Buyers buyers located in Australia applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized Australian resellers.
o) only Only for Buyers buyers located in the US applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized US resellers.
p) only Only for Buyers buyers located in Japan applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized Japanese resellers.
Appears in 2 contracts
Sources: Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user installation manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
lj) Use use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar▇▇▇▇▇’s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks). Parallel importation, etc.);
m) Any which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Parallel Import")▇▇▇▇▇ ▇▇▇▇▇’s intellectual property rights. But the Prohibition of Par- allel Import This does not apply to the for sales within the European Union ("EU"), where the sale of Products Union: such sales from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, ; whereas sales from outside the European Union into the European Union require such consent of ▇▇▇▇▇ Solar must be obtained Solar
k) Only for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers buyers located in Australia applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized authorised Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized authorised Australian resellers.
ol) only Only for Buyers buyers located in the US applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized authorised US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized authorised US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 2 contracts
Sources: Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global The Limited Warranty does not apply to any Products which have been subject toof the following:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though AC Modules subjected to:
(i) misuse, accident, or abuse, including improper storage after receipt, neglect, including the payment was due and failure to properly maintain the product or system or to allow SunPower required firmware upgrades;
(ii) alteration, including the direct customer who has obtained unauthorized removal or modification of module or system electronics, or improper installation (which includes, without limitation, installation that does not comply with all SunPower installation instructions, product recommendations, or suggested or required total system size requirements, product labels, or operations and maintenance instructions of any type - as may be amended and updated from time to time at SunPower’s sole discretion- and all national, state, and local laws, codes, ordinances, and regulations, or operation of a system or component without the latest SunPower recommended firmware;
(iii) repair or modification by someone other than an approved service technician of SunPower;
(iv) conditions exceeding the voltage, wind, snow load specifications, or any other design or operational specification or instructions;
(v) damage caused by natural forces (tornado, flood, lightning, hurricanes, or earthquakes), fire, power failure surges, or other circumstances beyond SunPower’s control;
(vi) damage from persons, pests animals, biological activity, environmental pollution, or industrial chemical exposure;
(vii) glass breakage from impact or other events outside SunPower’s control;
(viii) the combination of module from ▇▇▇▇▇ Solar with third party products deemed by SunPower to be incompatible for use with its products or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty claims;systems.
b) Failure to provide proof Cosmetic effects, such as discoloration, stemming from normal wear and tear of purchase AC Module materials or product information;other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Product and Power Warranty. Normal wear and tear of AC Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the AC Module.
c) Failure to comply AC Modules which have not been installed or commissioned with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;a SunPower monitoring device.
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ SolarAC Modules, which in SunPower’s applicable user manual or other applicable local laws and regulations of the place of installation);sole judgment, may have been in direct contact with saltwater.
e) Service by service technicians who are not qualified under AC Modules for which the relevant law and/or applicable regula- tions at the place of installation;labels containing product type or serial number have been altered, removed or made illegible.
f) Change, erasure or illegible-made AC Modules which have been moved from their original installation location without the express written approval of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar);SunPower.
g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ;AC Modules where factory‐integrated electronics exhibit defects that do not materially impact power output.
h) Exposure to voltage in excess to the maximum system voltage AC Modules which have been sold “as is” or power surges;without a warranty.
i) defective Defects or issues arising from or relating to existing electrical components in at the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosioninstallation site, oxidationincluding, breakers, electrical panels, or affected by chemical products;
iii) Other wiring, including where these components do not comply with current codes, including building or electrical codes. SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Product and Power Warranty, due to acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by of God, product shortages, war, riots, strikes, fire, flood, hurricanepandemic, volcanic eruptionendemic, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s epidemic or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etcother cause or circumstance beyond the reasonable control of SunPower.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 2 contracts
Sources: Limited Product and Power Warranty, Limited Product and Power Warranty
Exclusions and Limitations. This Global a) The “Twelve Years Limited Warranty does Product Warranty” and the “Guaranteed Peak Power Output Limited Warranty” do not apply to any Products which have been subject towhen:
ai) Failure The PV Modules are improperly installed, wired, maintained, or are subjected to pay inadequate system design, auxiliary instrument, device of the purchase price towards photovoltaic power system;
ii) The PV Modules are subjected to inappropriate handling, including but not limited to handling during transportation or storage, abuse, neglect, vandalism, vermin or accident;
iii) The PV Modules are moved from its original installation location, uninstalled, reinstalled or otherwise altered;
iv) The PV Modules are installed in an environment which exceeds “Standard Operating Conditions” as defined in product specifications and installation manual, installed in a mobile or marine environment, subjected to improper voltage or power surges, or subjected to abnormal environmental conditions (such as acid rain, salt damage or other corrosive chemical);
v) The PV Modules are subjected to inappropriate maintenance, including maintenance by an unauthorized service technician or in non-conformance with Hanwha SolarOne's installation manual;
vi) The PV Modules are subjected to external accidents or forces such as animals, fire, explosion, and civil disorder;
vii) The PV Modules are subjected to other unforeseen circumstances or causes outside ▇▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (i) the payment was due and (ii) the direct customer who has obtained the module from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited Warranty based on this provision's reasonable control, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions at the place of installation;
f) Changeto, erasure or illegible-made of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ;
h) Exposure to voltage in excess to the maximum system voltage or power electrical surges;
i) defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquakeearthquakes, typhoons, hurricanes, tornadoes, volcanic action, floods, tsunami, snow damage, heavy snowfallhail, hailstone, strong breeze etc.);
lviii) Use The manufacture of the Products PV Modules is in such a manner as accordance to infringe ▇▇▇▇▇ Solar’s the design, technical drawings, formulae or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);other specifications furnished by the Buyer; or
mix) Any subsequent sale warranty claim, in any event, is not submitted to Hanwha SolarOne within the applicable warranty period.
b) The Buyer shall carry the burden of proof to prove that it is eligible for coverage and that none of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EUexclusions and limitations listed in this Chapter III shall apply.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 2 contracts
Sources: Limited Warranty, Limited Warranty
Exclusions and Limitations. This Global Limited limited Warranty does not apply to any Products which have been subject to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (i) the payment was due and (ii) the direct customer who has obtained the module from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited limited Warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions at the place of installation;
f) Change, erasure or illegible-made of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited limited Warranty is only valid for Products from authorized au- thorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed de- tailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited limited Warranty is only valid for Products from authorized author- ized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited limited Warranty is only valid for Products from authorized au- thorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.as
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ SolarTrina’s applicable user manual User Manual or other applicable local laws and regulations regulation of the place of installation);;
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective Defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i; ii) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global The above mentioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar Peimar or its subsidiaries which have put the module modules on the market even though provided that (i) ), the payment was due and (ii) the direct customer Buyer who has obtained bought the module modules from ▇▇▇▇▇ Solar Peimar or one of its subsidiary distributors („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can Peimar reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof comply with ▇▇▇▇▇▇’s installation manual applicable during the Validity of purchase or product informationthis Limited Warranty pursuant to Sec 10;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested Installation and/or mantainance services by/provided by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service specialized technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) ChangeRemoval, erasure alteration, deletion or illegible-made unrecognizability of the Product's type, nameplate or serial number or label of the Product (other than unless omitted by any act or omission of ▇▇▇▇▇ SolarPeimar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized openings or repairs by using unauthorized spare parts, accident, force of nature (such as lightning, strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Peimar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module modules on the market even though (i) ), the payment was due and (ii) the direct customer who has obtained the module modules from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by “▇▇▇▇’▇ Solar’s installation manual applicable user manual or other applicable local laws and regulations during the Validity of the place of installation)this Limited Warranty pursuant to Sec 10;
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
lj) Use use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar▇▇▇▇▇’s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks). Parallel importation, etc.);
m) Any which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition from the country in which the Product(s) were first put on the market to another country, is regarded as an infringement of Parallel Import")▇▇▇▇▇ ▇▇▇▇▇’s intellectual property rights. But the Prohibition of Par- allel Import This does not apply to the for sales within the European Union ("EU"), where the sale of Products Union: such sales from one EU country Member State to another does Member State do not require the consent of ▇▇▇▇▇ Solar. However, ; whereas sales from outside the European Union into the European Union require such consent of ▇▇▇▇▇ Solar must be obtained Solar
k) Only for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers buyers located in Australia applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized Australian resellers.
ol) only Only for Buyers buyers located in the US applies: This Global The "Limited Warranty Warranty" is only valid for Products products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)clause 7) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global The above mentioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar Peimar or its subsidiaries which have put the module modules on the market even though provided that (i) ), the payment was due and (ii) the direct customer Buyer who has obtained bought the module modules from ▇▇▇▇▇ Solar Peimar or one of its subsidiary distributors („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇▇ Solar must inform the Buyer about the non-non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar can Peimar reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof comply with ▇▇▇▇▇▇’s installation manual applicable during the Validity of purchase or product informationthis Limited Warranty pursuant to Sec 10;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested Installation and/or mantainance services by/provided by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service specialized technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) ChangeRemoval, erasure alteration, deletion or illegible-made unrecognizability of the Product's type, nameplate or serial number or label of the Product (other than unless omitted by any act or omission of ▇▇▇▇▇ SolarPeimar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized openings or repairs by using unauthorized spare parts, accident, force of nature (such as lightning, strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Peimar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar Peimar or its subsidiaries which have put the module modules on the market even though provided that (i) ), the payment was due and (ii) the direct customer Buyer who has obtained the module modules from ▇▇▇▇▇ Solar Peimar or one of its subsidiary distributors („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the modulemodules. In case that ▇▇▇▇▇ Solar Peimar can reject the claims claim under this Global Limited Warranty warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar▇▇’s user installation manual or rules applicable during the Validity of use and application for the Products (as defined in Sec. 2) and Appendixthis Limited Warranty pursuant to Sec 10;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
ec) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
fd) Change, erasure or illegible-made of the The Product's ’s type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ SolarPeimar);
ge) Installation The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
hf) Exposure to voltage in excess to the maximum system voltage or power surges;
ig) defective Defective components in the construction on which the module is mounted;
jh) Exposure exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized modifications or affected connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products;
iii) Other products or other acts beyond ▇▇▇▇▇ Solar`s Peimar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global The aforementioned “Limited Warranty Warranty” does not apply to any Products which have been subject subjected to:
a1) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (isubsidiaries.
2) the payment was due and (ii) the direct customer who has obtained the module from Failure to comply with ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold User installation manual applicable during the purchase price or parts Validity of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited Warranty based on this provision, the Buyer can deposit the amount not paid in order pursuant to trigger the Global Limited Warranty claimsSec 10 ;
b3) Failure to provide proof The fault is the result of purchase Customers' Negligence ,irrelevant operation ,improper commissioning or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) transport, insufficient ventilation; Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f4) Change, erasure or illegible-made of the The Product's type, nameplate ,label or products serial number is changed, erased or made illegible (other than by any act or omission of ▇▇▇▇▇ Solar);
g5) Installation Product modified, design changed or parts replaced not approved by ▇▇▇▇▇ Solar Such as unauthorized modification on the hardware or software of components or attempted repair and disassembly;.
6) Failure to comply with the safety regulations (e.g. VDE standards IEC Local country grid code, etc.).
7) Improper transport, storage, assembly, testing, commissioning, operation, maintenance, insufficient ventilation or other Buyer's negligence or theft;
8) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) offshore-structures;
h9) Exposure to voltage in excess to the maximum system voltage or power surges;
i10) defective Defective components in the construction on which the module is mounted;products are mounted ,including but not limited to roof load doesn’t meet Installation requirement ; The product faults and damages due to neighboring devices beyond warranty period or not belong to ▇▇▇▇▇ Residential PV Kits System.
j11) The Products didn’t remain installed in their original installation location.
12) Exposure to mold discoloration or similar external effects; Normal wear and tear on enclosure of devices; Aesthetic aspects that do not affect the performance of the follower;
k13) unauthorized modifications:
i) Operation/maintenance by use Exposure to any of unauthorized spare parts;
ii) Application under the following: extreme thermal or environmental conditions or rapid changes in such environments result- ing in conditions, corrosion, oxidation, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, flood, earthquake), influence from chemical products or affected by chemical products;
iii) Other other acts beyond ▇▇▇▇▇ Solar`s Solar’s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l14) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar▇▇▇▇▇’s or any third party`s intellectual prop- erty property rights (including but not limited to e.g. patents, trademarks). Parallel importation, etc.);
m) Any which is defined as subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But from the Prohibition of Par- allel Import does not apply to country in which the sales within Product(s) were first put on the European Union ("EU"), where the sale of Products from one EU country market to another does not require the consent country, is regarded as an infringement of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU▇’s intellectual property rights.
n) only for Buyers located in Australia applies: This Global Limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty
Exclusions and Limitations. This Global Limited limited Warranty does not apply to any Products which have been subject to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (i) the payment was due and (ii) the direct customer who has obtained the module from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited limited Warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions regulations at the place of installation;
f) Change, erasure or illegible-made of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing resulting in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infringe ▇▇▇▇▇ Solar’s or any third party`s intellectual prop- erty property rights (including but not limited to patents, trademarks, etc.);
m) Any subsequent sale of the Products from a country where ▇▇▇▇▇ Solar was first marketed to another country without the consent of ▇▇▇▇▇ Solar ("Prohibition of Parallel Import"). But the Prohibition of Par- allel Parallel Import does not apply to the sales within the European Union ("EU"), where the sale of Products from one EU country to another does not require the consent of ▇▇▇▇▇ Solar. However, the consent of ▇▇▇▇▇ Solar must be obtained for the sale of Products from outside the EU to an EU country or from an EU country to outside the EU.
n) only for Buyers located in Australia applies: This Global Limited limited Warranty is only valid for Products from authorized Australian resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Australian resellers.
o) only for Buyers located in the US applies: This Global Limited limited Warranty is only valid for Products from authorized US resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized US resellers.
p) only for Buyers located in Japan applies: This Global Limited limited Warranty is only valid for Products from authorized Japanese resellers. Buyers may contact the Customer Support office in their region (as detailed in Sec. 8)) for details of authorized Japanese resellers.
Appears in 1 contract
Sources: Limited Warranty