Qcells Q.Peak L-G5 365, Manual

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CHAPTER IV: GENERAL TERMS AND CONDITIONS
The General Terms and Conditions listed below shall apply to all the war-
ranties set forth in above Chapters I and II.
1. Disclaimers and Limitation of Liability
a. DISCLAIMERS
HANWHA Q CELLS PROVIDES ALL DOCUMENTS AND INFORMATION ON
AN „AS IS“ BASIS. THE WARRANTIES PROVIDED HEREIN ARE IN LIEU
OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,USE OR,
APPLICATION, UNLESS I) SUCH OTHER WARRANTIES ARE EXPRESSLY
AGREED TO IN WRITING BY HANWHA Q CELLS UNDER THE RELE-
VANT SALES AGREEMENT EXECUTED BETWEEN HANWHA Q CELLS
AND THE BUYER OR II) OTHER STATUTORY WARRANTY WHICH IS
EXPRESSLY PROVIDED IN ANY APPLICABLE MANDATORY LAWS.
HANWHA Q CELLS DOES NOT WARRANT THAT THE OPERATION OF
THE PV MODULES WILL ACHIEVE THE RESULTS INTENDED BY THE
BUYER. IN THE EVENT THAT ANY PROVISION HEREOF (OR ANY PART
THEREIN) SHOULD FOR ANY REASON BE HELD INEFFECTIVE UNDER
APPLICABLE LAW, THE REMAINDER OF THE PROVISION SHALL RE-
MAIN IN FULL FORCE AND EFFECT.
THE WARRANTIES PROVIDED HEREIN ARE IN LIEU OF AND EXCLUDE
ALL OTHER OBLIGATIONS ON THE PART OF HANWHA Q CELLS IN
RELATION TO THE DEFECT OF THE PV MODULES UNLESS SUCH
OTHER OBLIGATIONS ARE EXPRESSLY AGREED TO IN WRITING BY
HANWHA Q CELLS UNDER THE RELEVANT SALES AGREEMENT.
b. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
HANWHA Q CELLS HEREBY DISCLAIMS, AND SHALL HAVE NO RESPON-
SIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE TO PROPERTY, OR
FOR OTHER LOSS FROM ANY CAUSE WHATSOEVER ARISING OUT OF
OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF THE
RELEVANT SALES AGREEMENT, ANY OF THE PV MODULES OR THEIR
USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES SHALL HANWHA Q CELLS BE LIABLE TO
THE BUYER, FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA
OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, CONSEQUEN-
TIAL OR SPECIAL DAMAGES OF ANY KIND, HOWSOEVER ARISING, RE-
LATED TO THE PV MODULES, WHETHER OR NOT HANWHA Q CELLS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
HANWHA Q CELLS AGGREGATE LIABILITY, IF ANY, FOR DAMAGES OR
OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE RECEIVED
BY HANWHA Q CELLS FROM THE BUYER.
HANWHA Q CELLS LIABILITY FOR FRAUDULENT OR WILFUL INTENT,
GROSS NEGLIGENCE OR PERSONAL INJURY, IN EACH CASE, UNDER
APPLICALBE MANDATORY LIABILITY LAW SHALL REMAIN UNAFFECT-
ED.
THE BUYER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON
LIABILITY UNDER THIS PARAGRAPH b) ARE AN ESSENTIAL ELEMENT
OF THE RELEVANT SALES AGREEMENT BETWEEN THE PARTIES AND
THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE
OF THE PV MODULES WOULD BE SUBSTANTIALLY HIGHER.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF
LIABILITY, SO THIS PROVISION MAY NOT APPLY TO THE BUYER IN
SAID JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITA-
TIONS OR THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO THE BUYER IN SAID JURISDIC-
TION. THE BUYER MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS
LIMITED WARRANTY FOR PV MODULES, AND MAY ALSO HAVE OTHER
MANDATORY RIGHTS THAT VARY FROM JURISDICTION TO JURISDIC-
TION, WHICH SHALL REMAIN UNAFFECTED.
c. The warranty provided under Chapter I “Twelve Years Limited Product
Warranty” and Chapter II “Guaranteed Peak Power Output Limited
Warranty” covers only the transportation cost for reshipment of any
repaired or replaced PV Modules to the destination port set forth in
the relevant sales agreement, and cover neither customs clearance,
taxes, any other costs related to installation, removal, or reinstallation
of the PV Modules, nor any transportation charges for the return of PV
Modules to Hanwha Q CELLS.
d. Warranty claims will be honored only if the PV Modules can be identi-
fied as being manufactured by Hanwha Q CELLS, as indicated by the
information on the labels of the PV Modules.
2. Assignment of the Limited Warranty for PV Modules
This Limited Warranty for PV Modules in its entirety, extends only to the
Buyer, and is transferrable in its entirety to any other person to whom title
to the PV Modules has been transferred provided that a) a prior written
notice of such transfer has been received by Hanwha Q CELLS, and b) the
PV Modules remain installed in their original installation location
3
.
3. Obtaining Warranty Performance/Claim Procedure
a. The Buyer shall notify Hanwha Q CELLS promptly (in no event later
than thirty (30) days) from discovery of any breach of the Limited
Warranty for PV Modules within applicable warranty period. The notice
shall be in writing and shall include the description of the claim, cor-
responding PV Modules serial number(s), proof of purchase such as
the commercial invoice and sufficient evidences proving such breach
of the Limited Warranty for PV Modules.
3 This Limited Warranty for PV Modules applies only to PV-Modules that have been installed for the first time and remains in all countries except for 1) countries of the European
Union, 2) Australia