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11. Exception Clause for Warranty.
Corresponding warranty service will not be provided by BYD in any of the following
circumstances:
a) If the product was not installed or operated according to Operation Manual (damages
must not be caused by usual wear and tear and / or improper or incorrect use) and/or
the defects on the device were not caused by a material and/or manufacturing defect
(the product must not be exposed to incorrect or unusual vibrations, voltages, power
and temperatures of more than 50°C and/or below -10°C);
b) If the location of the product during operation is less than 10 km away from the sea or
ocean;
c) If original buyer does not inform BYD Authorized Service P
artner (hereafter “BYD
Partner”) in written within 30 days after knowledge thereof or within warranty period
as determined in clause 1.2 above.
d) If original buyer cannot provide the invoice of the product or the information listed in
clause 4 below;
e) If the serial number on the product can no longer be identified or has been modified;
f)
If the original buyer cannot present a report from a first-class international testing
institute, such as PI Berlin or TÜV SUD for the remaining usable energy claim;
g) If the product was not installed within one (1) month from Warranty Start Date;
h) If the product was not operated with a BYD certified inverter, according to BYD
Compatible Inverter List (Appendix 1);
i)
If the Product has been modified or repaired without the approval of BYD or BYD
Partner;
j)
If the Product was damaged by force majeure (e.g. natural catastrophes, such as
flooding, fires, earthquakes, lightning or other abnormal environmental conditions, war,
etc.);
k) If defects of the product was caused by the update of the national or regional laws,
regulations or directives;
l)
If the state of scientific and technical knowledge at the time when the product is sold
to original buyer was not such as to enable the defect to be discovered;
m) If the product was not bought or installed in Germany;
n) If the product was damaged during transport, but was still used by the original uyer;
o) If the product has not been operated for 6 or more than 6 months;
p) If the original buyer does not grant BYD or BYD Partner access to the performance
data over the internet after reporting the warranty claim and/or manipulates the data;
q) If the original buyer refuses to install software updates provided by BYD;
r)
If the original buyer has not paid for the product in full.
