If the minimum “Peak Power Output at STC”
2
for typical mono PV Mod-
ules reduces to less than ninety-seven percent (97 %) of the labeled
power output classification as specified in Hanwha Q CELLS Product
Documentation. Hanwha Q CELLS will, at its sole discretion, either a)
provide additional PV Modules to the Buyer, or b) repair these under-
powered PV Modules, in either case, to restore the actual power output
to the guaranteed level as specified in this Section 1, or c) otherwise
provide monetary compensation which shall be calculated by multiply-
ing (x) the difference between the actual peak power output of the PV
Modules and the guaranteed peak power output as specified in this
Section 1 by (y) the then current per watt market price of the compa-
rable PV Modules in a similar market.
2. Second Year to Twenty-fourth Year Guaranteed Peak Power Output
Limited Warranty
Hanwha Q CELLS warrants that, for a period from the second year to the
twenty-fourth year, the maximum annual power decline of the typical
mono PV Modules will not be more than zero point six percent (0.6 %).
If there is any decline exceeding the limitation specified hereinabove,
Hanwha Q CELLS will, at its sole discretion, either a) provide additional
PV Modules to the Buyer, or b) repair the underpowered PV Modules,
in either case, to restore the actual power output to the guaranteed
level as specified in this Section 2, or c) otherwise provide monetary
compensation which shall be calculated by multiplying (x) the differ-
ence between the actual peak power output of the PV Modules and the
guaranteed peak power output as specified in this Section 2 by (y) the
then current per watt market price of the comparable PV Modules in a
similar market.
3. 25 Years Guaranteed Peak Power Output Limited Warranty
Hanwha Q CELLS warrants the power output of the PV Modules as
stated below for a period of twenty-five (25) years from the Warranty
Start Date. If the minimum “Peak Power Output at STC”
2
for the typi-
cal mono PV Modules reduces to less than eighty-three percent (83 %)
of the labeled power output classification as specified in Hanwha
Q CELLS Product Documentation. Hanwha Q CELLS will, at its sole
discretion, either a) provide additional PV Modules to the Buyer, or
b) repair the underpowered PV Modules, in either case, to restore the
power output to the guaranteed level as specified in this Section 3, or
c) otherwise provide monetary compensation which shall be calculat-
ed by multiplying (x) the difference between the actual power output
of the PV Modules and the guaranteed power output as specified in
this Section 3 by (y) the then current per watt market price of the
comparable PV Modules in a similar market.
4. For purpose of this Chapter II, labeled power output classification in
Hanwha Q CELLS Product Documentation is the power in Watt peak
that a PV Module generates in its maximum power point under STC.
The actual power output of the PV Modules shall be determined
for verification under STC only. The actual power output measure-
ment shall be either carried out by a Hanwha Q CELLS entity or by a
Hanwha Q CELLS recognized third party testing institute. Testing
equipment tolerances will be applied to all actual power output mea-
surements.
5. The Guaranteed Peak Power Output Limited Warranty shall only cover
the claims received by Hanwha Q CELLS before the end of the respec-
tive warranty period in this Chapter II starting from the Warranty Start
Date.
6. The remedies set forth in this Chapter II shall be the Buyer’s sole and
exclusive remedies under the Guaranteed Peak Power Output Limited
Warranty.
CHAPTER III: EXCLUSIONS AND LIMITATIONS
1. The exclusions and limitations listed below shall apply to all the warran-
ties set forth in above Chapters I and II.
2. Exclusions and Limitations
a. The “Twelve Years Limited Product Warranty” and the “Guaranteed
Peak Power Output Limited Warranty” do not apply when:
i. The PV Modules are improperly installed, wired, maintained, or are
subjected to inadequate system design, auxiliary instrument, device of
the 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, unin-
stalled, reinstalled or otherwise altered;
iv. The PV Modules are installed in an environment which exceeds “Op-
erating Conditions” as defined in product specifications and installa-
tion manual, installed in a mobile or marine environment, subjected
to improper voltage or power surges, abnormal environmental condi-
tions (such as acid rain, salt damage or other corrosive chemical), or
affected by dust, powders, assembled mass(es) or other pollutant(s)
that is generated or resulted from an industrial setting and cannot be
cleared through ordinary methods generally adopted by the PV Mod-
ules industry;
v. The PV Modules are subjected to inappropriate maintenance, includ-
ing maintenance by an unauthorized service technician or in non-con-
formance with Hanwha Q CELLS 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 Hanwha Q CELLS reasonable control, including but not
limited to, electrical surges, lightning, earthquakes, typhoons, hurricanes,
tornadoes, volcanic action, floods, tsunami, snow damage, heavy hail, etc;
viii. The manufacture of the PV Modules is in accordance to the design,
technical drawings, formulae or other specifications furnished by the
Buyer; or
ix. Any warranty claim, in any event, is not submitted to Hanwha Q CELLS
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 exclusions and limitations listed in this
Chapter III shall apply.
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