Declaration of commitment
DEGERtraker
Assembly Instruction DEGER
traker
3000NT / 3000HD / 5000NT / 5000HD / 6000NT / 7000NT / 9000NT
2012-07-01
Page VI-2
DEGERtraker 3000NT, 5000NT, 6000NT, 7000NT, 9000NT, 3000HD, 5000HD
You have purchased a product that was subject to meticulous examination before it was delivered.
Nevertheless, in the event that the DEGERtraker supplied by us does display any defects then the scope of our liability for defects shall
be as follows (valid from 1
st
June 2012):
Liability for defects
DEGERenergie GmbH grants a 3-year period for any claims for defects to be asserted. This period starts with the delivery from the
factory. DEGERenergie GmbH offers to replace the defective parts free of charge where any justified claims are received in this period.
In addition, DEGERenergie GmbH offers a lump sum as compensation for outlays for transportation and labor where defective parts are
replaced. An up-to-date list of these one-off lump sums is available upon request. Actual costs may vary through the location and design
of the systems and cannot therefore be taken into account. In all other respects the General Terms and Conditions for deliveries and
services shall additionally apply in this regard: version: July 2012.
For the entire steel construction DEGERenergie GmbH offers extended liability for defects of 20 years against rust-through starting with
the delivery from the factory. Where a defect arises the contract partner of DEGERenergie GmbH is obligated to inform DEGERenergie
GmbH immediately by sending a fault report (part of the assembly instructions) by fax to: +49 (0)7451 539 1410 or by e-mail to:
, stating the system serial number.
Proof
A fault report completed in full and stating the system serial number is considered as proof with any claim for defects (see Liability for
defects). The defective assembly part must be sent to DEGERenergie GmbH for examination with a copy of the fault report. The type
plate on the equipment must be completely legible. There must be no changes present or made to the original delivery condition and no
mechanical damage (cut cables, damaged terminals, etc.). An invoice must be submitted with a copy of the fault report in order to claim
the lump-sum payment. DEGERenergie GmbH will decide on its liability for defects as well as the lump-sum payment following an
examination of the assembly part sent.
Terms and conditions
Once the spare part is received, the damaged part must be returned to DEGERenergie GmbH in its original packaging or at least in
equivalent transport packaging. A return slip will be enclosed with the spare part.
Where there is a defect in the contractual item and DEGERenergie GmbH is responsible for this, then DEGERenergie GmbH shall be
under an obligation to repair the damaged part or replace it with a spare part, unless DEGERenergie GmbH is entitled to refuse the
supplementary performance on account of statutory regulations.
Any replacement of individual parts within the defect period does not give rise to an extension to the validity period neither for the liability
for defects in the system nor for the replaced spare part.
The contract partner of DEGERenergie GmbH must grant the latter a reasonable period for the supplementary performance.
DEGERtraker that are standardized with a wind guard are only allowed to be operated in association with a suitable wind guard which
brings the solar module area into the horizontal position in the event of a storm. This must be assembled in accordance with the
specifications in the assembly instructions. It must be ensured that this wind guard is available and fully functional at all times.
Liability Disclaimer
DEGERenergie GmbH is not liable for any damage that arises as a consequence of improper operation by the contract partner, in
particular if the module area is dimensioned too generously. The maximum module area that can be installed can be seen in the module
layout plan sent with the order confirmation from DEGERenergie GmbH.
Where permissible under the law then DEGERenergie GmbH shall not be liable for material damage and financial loss (e.g. lost
buyback price) which result from a defect in the tracking system.
Open area systems:
Under the provision under "Liability for defects", DEGERenergie GmbH is not liable for any extra costs (e.g. use of
crane, skylift , etc.) that arise from using higher masts than the standard version.
Building integration:
Under the provision under "Liability for defects", DEGERenergie GmbH is not liable in particular for any extra
costs (e.g. use of crane, skylift , etc.) that arise from erecting masts on buildings.
In addition DEGERenergie GmbH is not liable for:
- defects that arise from unintended use
- defects that arise from the use of third-party components, e.g. the mounting profile
- defects that arise through changes to the mechanics and/or electronics
- defects that arise on account of a force majeure event (lightning strikes, surges, severe storm, fire, etc.)
- defects that arise through the module area being too large in derogation from the module layout plan (depending on the installation
location,
installation height, etc.)
- defects that arise through interventions, changes or repair attempts that have been made
- defects that arise through a failure to follow the information in the assembly and operating manual.
In all other respects our General Terms and Conditions for deliveries and services shall additionally apply, version: July 2012.
The German version of this declaration is legally binding. Translations into other languages serve only for a better comprehension.
DEGERenergie GmbH
Industriestrasse 70
72160 Horb
www.degerenergie.com
___________________________________
(Artur Deger, CEO)
