If a part, provision or clause of this “Limited Warranty for PV-Modules”, or
the application thereof to any person or circumstance, is held invalid, void or
unenforceable, such holding shall not affect and shall leave all other parts, provisions,
clauses or applications of this “Limited Warranty for PV-Modules”, and to this extent
such other parts, provisions, clauses or applications of this “Limited Warranty for PV-
Modules” shall be treated as severable.
In case of any discrepancy in a warranty-claim, a first-class international test-institute
such as Fraunhofer ISE in Freiburg/ Germany, TÜV Rheinland in Cologne/ Germany
or ASU Arizona State University shall be involved to judge the claim finally. All fees
and expenses shall be born by the losing party, unless otherwise awarded. The final
explanation right shall be borne by Phono Solar.
6
Severability
7
Disputes
5
Obtaining Warranty Performance
If the Customer has a justified claim covered by this “Limited Warranties for PV
Modules”, an immediate notification directly to Phono Solar shall be filed by mailing
a registered letter in writing to the address of Phono Solar listed hereunder, or
by, sending an email letter to the email account of Phono Solar Service Center
listed hereunder as soon as becoming aware of the circumstances which constitute
a warranty case. Together with the notification, the Customer should enclose the
following information:
The necessary contact information of the Customer, including its name, address,
telephone, email, etc.,
The corresponding serial number of the Product(s)
The date on which the Product(s) have been delivered and installed
These warranties as set forth herein are expressly in lieu of and exclude all other
warranties of any kind whatsoever, whether express or implied, including but not
limited to warranties of merchantability, of fitness for particular purpose, use, or
application, of non-infringement and all other obligations or liabilities on the part of
Phono Solar, unless such other obligations or liabilities are expressly agreed to in
writing signed and approved by Phono Solar to the broadest extent permitted by law.
Phono Solar shall have no responsibility or liability whatsoever for damage or injury to
persons or property, or for other loss or injury resulting from any cause whatsoever
arising out of or related to the Product(s), including, without limitation, any defects in
the Product(s), or from use or installation. Under no circumstances shall Phono Solar
be liable for any special punitive, incidental, or consequential damages, howsoever
caused, including but not limited to loss of use, loss of profits, loss of production, or
loss of revenues, arising, directly or indirectly from the sale or use of any Product(s),
whether such claim is based on warranty, contract, negligence, strict liability or
otherwise, Phono Solar´ s aggregate liability, if any, in damages or otherwise, shall not
exceed the invoice value as paid by the Customer, for the single unit of Product(s)
involved. The rights and limitations herein shall leave unaffected any legal rights
existing under mandatory applicable laws.
4
Limitation of Warranty Scope
16
17
Stability / Reliability / Creativity
The pictures of the defective Module which show the defect and/or the pictures
which show the shadowing situation at the installation location
The timely receipt of the notification by Phono Solar shall be decisive.
The return of any PV-modules will not be accepted unless prior written authorization
for the return and evaluation of the claimed defect has been given by Phono
Solar. To the extent necessary for processing the return request Phono Solar or its
authorized person shall be given commercially reasonable access to the Product(s) for
inspection and analysis of the claimed defect. In connection with both the “Limited
Product Warranties” and “Limited Peak Power Warranties”, Phono Solar shall reimburse
Customer for reasonable, customary and documented transportation charges by
sea freight for both the return of the Product(s) and reshipment of any repaired or
replaced Product(s), only if this cost is authorized by Phono Solar customer service
department.
The repair or replacement of the Product(s) or the supply of additional Product(s),
does not cause the beginning of new warranty terms, nor shall the original terms of
this “Limited Warranty for PV-Modules” be extended. Any replaced Product(s) shall
8
Various
