System guarantees. 11.1 Subject to section 11.2, we guarantee: (a) Our workmanship, and the workmanship of our Contractors, in installing the System; and (b) the operation and performance of the System, will be free from fault or defect for the warranty periods, commencing on the date the System is installed (Guarantee Period), and We will repair any such default or defect notified to Us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable time frame at no cost to You. (c) responsibility for certifying equipment as required to be certified by Law 11.2 The guarantee in section 11.1 will not apply where: (a) the fault or defect is not notified to Us within the Guarantee Period; or (b) the fault or defect is a result of something done by You or someone else, and not Us or Our contractors; or (c) something beyond human control that occurred after installation, e.g., an extreme weather event; (d) the System being misused, abused, neglected, or damaged after installation; (e) the System being maintained other than in accordance with the Maintenance Documents and section 9.1; or (f) the System being repaired, modified, re-installed, or repositioned by anyone other than a service technician approved by Us in writing. 11.3 The guarantee in section 11.1 is additional to any other guarantee or warranty You may have: (a) from the manufacturer of the System; or (b) under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell You the costs payable. The costs will be payable in advance. 11.4 During the Guarantee Period, We will provide reasonable assistance to You in making any guarantee or warranty claim against the manufacturer of the System, including acting as Your liaison with the manufacturer. 11.5 To ensure 11.2 does not void Workmanship or All-Of-System warranties, You are required to have the system serviced bi-annually according Maintenance Documents provided. 11.6 A Performance Guarantee is not offered as standard, unless specified with a tender specification. To receive a Performance Guarantee, You are required to enter an O&M agreement with OBEPR to have the system serviced annually and monitored in-house. 11.7 You understand that the actual performance of a System is subject to a number of variables including, but not limited to the number of hours of sunlight, cloud cover and weather patterns; ambient temperature; dirt and other surface pollutants; the location of the System, tilt and orientation; and the location of surrounding structures and flora. The impact of these factors may be taken into account in determining Our responsibility if the performance of the System is lower than anticipated by you. Shading obstructions may also affect maximum performance of a System (such as surrounding structures and flora). 11.8 Our all-of-system Warranties and guarantees do not provide compensation for loss of generation.
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Sources: Supply and Install Agreement
System guarantees. 11.1 Subject to section clause 11.2, we guarantee:
(a) Our our workmanship, and the workmanship of our Contractorscontractors and employees, in installing the System; and
(b) the operation and performance of the System, will be free from fault or defect for the warranty periods, a period of 5 years commencing on the date the System is installed (Guarantee Warranty Period)) or in accordance with manufacturers warranty, and We we will repair any such default or defect notified to Us us within the Guarantee Warranty Period, including by replacing all replacing, repairing or part rectifying whichever parts of the System where system deemed necessary, within in a reasonable time frame timeframe at no cost to Youyou.
(c) responsibility for certifying equipment as required to be certified by Law
11.2 The guarantee in section clause 11.1 will not apply where:
(a) the fault or defect is not notified to Us us within the Guarantee Warranty Period; or
(b) the fault or defect is a result of of:
(i) something done by You you or someone else, and not Us us or Our contractorsour contractors or employees; or
(cii) something beyond human control that occurred after installation, e.g., an extreme weather event;
(diii) the System being misused, abused, neglected, neglected or damaged after installation;
(eiv) the System being maintained other than in accordance with the Maintenance Documents and section 9.1Documents; or
(fv) the System being repaired, modified, re-installed, reinstalled or repositioned by anyone other than a service technician approved by Us us in writing.
11.3 The guarantee in section clause 11.1 is additional to any other guarantee or warranty You you may have:
(a) from the manufacturer of the System; or
(b) under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the casethese apply, and tell You you the costs payable. The costs will be payable in advance.
11.4 During the Guarantee Warranty Period, We we will provide reasonable assistance to You you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as Your your liaison with the manufacturer.
11.5 To ensure 11.2 does not void Workmanship or All-Of-System warranties, You are required to have the system serviced bi-annually according Maintenance Documents provided.
11.6 A Performance Guarantee is not offered as standard, unless specified with a tender specification. To receive a Performance Guarantee, You are required to enter an O&M agreement with OBEPR to have the system serviced annually and monitored in-house.
11.7 You understand that the actual performance of a System is subject to a number of variables including, but not limited to the number of hours of sunlight, cloud cover and weather patterns; ambient temperature; dirt and other surface pollutants; the location of the System, tilt and orientation; and the location of surrounding structures and flora. The impact of these factors may be taken into account in determining Our responsibility if the performance of the System is lower than anticipated by you. Shading obstructions may also affect maximum performance of a System (such as surrounding structures and flora).
11.8 Our all-of-system Warranties and guarantees do not provide compensation for loss of generation.
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System guarantees. 11.1 Subject subject to section clause 11.2, we guarantee:;
(a) Our a. our workmanship, and the workmanship of our Contractorscontractors, in installing the System; and
(b) b. the operation and performance of the System, will be free from fault or defect for the warranty periods, a period of 15 years commencing on the date the System is installed (Guarantee Period), and We we will repair any such default or defect notified to Us us within the Guarantee Period, including by replacing all or part of the System where necessary, Period within a reasonable time frame timeframe at no cost to Youyou. Yuma Energy shall not be held liable for replacing faulty or failed equipment, faulty and failed equipment shall be covered under their own individual product warranties. See clause 11.4
c. the performance of the system only for customers who purchase a “Yuma Care” or “Yuma Care Platinum” product; The performance of your solar system shall be guaranteed under the “Performance Guarantee” Terms & Conditions which can be found at ▇▇▇.
(c) responsibility for certifying equipment as required to be certified by Law▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇
11.2 The guarantee in section clause 11.1 will not apply where:
(a) a. the fault or defect is not notified to Us us within the Guarantee Period; or
(b) b. the fault or defect is a result of of:
i. something done by You you or someone else, and not Us us or Our our contractors; or
(c) ii. something beyond human control that occurred after installation, e.g., an extreme weather event;
(d) iii. the System being misused, abused, neglected, neglected or damaged after installation;
(e) iv. the System being maintained other than in accordance with the Maintenance Documents and section 9.1Documents; or
(f) v. the System being repaired, modified, re-installed, reinstalled or repositioned by anyone other than a service technician approved by Us us in writing.
11.3 The guarantee in section clause 11.1 is additional to any other guarantee or warranty You you may have:
(a) a. from the manufacturer of the System; or
(b) b. under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell You you the costs payable. The costs will be payable in advance.
11.4 During the Guarantee Period, We we will provide reasonable assistance to You you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as Your your liaison with the manufacturer.
11.5 To ensure 11.2 does not void Workmanship or All-Of-System warranties, You are required to have the system serviced bi-annually according Maintenance Documents provided.
11.6 A Performance Guarantee is not offered as standard, unless specified with a tender specification. To receive a Performance Guarantee, You are required to enter an O&M agreement with OBEPR to have the system serviced annually and monitored in-house.
11.7 You understand that the actual performance of a System is subject to a number of variables including, but not limited to the number of hours of sunlight, cloud cover and weather patterns; ambient temperature; dirt and other surface pollutants; the location of the System, tilt and orientation; and the location of surrounding structures and flora. The impact of these factors may be taken into account in determining Our responsibility if the performance of the System is lower than anticipated by you. Shading obstructions may also affect maximum performance of a System (such as surrounding structures and flora).
11.8 Our all-of-system Warranties and guarantees do not provide compensation for loss of generation.
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