1. Limited Product Warranty – Two Year Repair,
Replacement or Refund Remedy
Shell Solar Industries LP with offices at 4650 Adohr
Lane, Camarillo, CA 93012 (“Shell Solar”) warrants
its Photovoltaic modules (“PV-modules”), including field
replaceable DC connector cable assemblies, to be free
from defects in materials and workmanship under normal,
application, installation, use and service conditions. If the
PV-modules fail to conform to this warranty, then for a period
ending twenty-four (24) months from date of sale to the
original end-customer (“the Customer”), Shell Solar will, at
its option, either repair or replace the product, or refund the
purchase price as paid by the Customer (“Purchase Price”).
The repair, replacement or refund remedy shall be the sole
and exclusive remedy provided under the Limited Product
Warranty and shall not extend beyond the twenty-four (24)
month period set forth herein. This Limited Product Warranty
does not warrant a specific power output, which shall be
exclusively covered under clause 2 hereinafter (Limited Peak
Power Warranty).
2. ‘Limited Peak Power Warranty’ – Limited Remedy
A: 10 years
For the PV-modules (excluding the inverter/converter) ST5,
ST10, ST20, ST36, and ST40 Shell Solar additionally
warrants:
If, within ten (10) years from date of sale to the Customer
any PV-module(s) exhibits a power output less than 90% of
the minimum Peak Power at STC
1
as specified at the date of
delivery in Shell Solar’s Product Information Sheet, provided
that such loss in power is determined by Shell Solar (at its
sole and absolute discretion) to be due to defects in material
or workmanship, Shell Solar will replace such loss in power
by either providing to the Customer additional PV-modules
to make up such loss in power, or by repairing or replacing
the defective PV-module(s), or by refunding the Purchase
Price taking into account a yearly depreciation of ten (10)%
of the Purchase Price, at the option of Shell Solar
B: 25 years
For the PV-modules (excluding the inverter/ converter),
SM50-H, SM55, SM110-12P, SM110-24P, SP70, SQ75,
SP75, SQ80, SP140-P/PC, SP150-P/PC, SQ150-P/PC
and SQ160-P/PC Shell Solar additionally warrants:
If, within (a) the first ten (10) years from date of sale to the
Customer, any PV-module(s) exhibits a power output less
than 90% of the minimum Peak Power at STC
1
as specified
at the date of delivery in Shell Solar’s Product Information
Sheet, or (b), within a period of twenty-five (25) years from
date of sale to the Customer any PV-module(s) exhibits a
power output less than 80% of the minimum Peak Power at
STC
1
, provided that such loss in power is determined by
Shell Solar (at its sole and absolute discretion) to be due to
defects in material or workmanship, Shell Solar will replace
such loss in power by either providing to the Customer
additional PV-modules to make up such loss in power, or
by repairing or replacing the defective PV-module(s), or by
refunding the Purchase Price taking into account a yearly
depreciation of four (4)% of the Purchase Price, at the option
of Shell Solar.
The remedies set forth in this clause 2 shall be the sole and
exclusive remedies provided under the Limited Peak Power
Warranty.
3. Exclusions and limitations
A. Warranty claims must in any event be filed within the
applicable Warranty period.
B. The Limited Warranties do not apply to any PV-modules
which in Shell Solar’s absolute judgement have been
subjected to:
- misuse, abuse, neglect or accident;
- alteration, improper installation or application;
- non-observance of Shell Solar’s installation-, users- and
maintenance instructions;
- repair or modifications by someone other than an
approved service technician of Shell Solar;
- power failure surges, lighting, flood, fire, accidental
breakage or other events outside Shell Solar’s control.
C. The Limited Warranties do not cover any transportation
costs for return of the PV-modules, or for reshipment of
any repaired or replaced PV-modules, or cost associated
with installation, removal or reinstallation of the PV-
modules.
D. When used in non-land based applications the Limited
Peak Power Warranty, applying to any of the PV-modules
shall be limited to ten (10) years as per the provisions of
clause 2A hereof.
E. Warranty claims will not be honored if the type or serial
number of the PV-modules have been altered, removed
or made illegible.
4. Limitation of Warranty Scope
THE LIMITED WARRANTIES SET FORTH HEREIN ARE
EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS
OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS
FOR PARTICULAR PURPOSE, USE, OR APPLICATION, AND
ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART
OF SHELL SOLAR, UNLESS SUCH OTHER WARRANTIES,
OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED
TO IN WRITING SIGNED AND APPROVED BY SHELL
SOLAR. SHELL 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,
INCLUDING, WITHOUT LIMITATION, ANY DEFECTS
IN THE MODULE, OR FROM USE OR INSTALLATION.
UNDER NO CIRCUMSTANCES SHALL SHELL SOLAR BE
LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, HOWSOEVER CAUSED. LOSS OF USE,
LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF
REVENUES ARE THEREFORE SPECIFICALLY BUT WITHOUT
LIMITATION EXCLUDED.
SHELL SOLAR’S AGGREGATE LIABILITY, IF ANY, IN
DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE
INVOICE VALUE AS PAID BY THE CUSTOMER, FOR THE
UNIT OF PRODUCT OR SERVICE FURNISHED OR TO BE
FURNISHED, AS THE CASE MAY BE, WHICH IS THE
SUBJECT OF CLAIM OR DISPUTE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OF DAMAGES SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU.
5. Obtaining Warranty Performance
If the Customer feels he/she has a justified claim covered
by this Limited Warranty, he/she must immediately notify the
(a) dealer, who sold the PV-modules, or (b) any authorized
Shell Solar distributor, of the claim in writing, or (c) send
such notification to Shell Solar Industries LP (P.O Box
6032, Camarillo, CA 93011) directly. Together with the
notification Customer should enclose evidence of the date
of sale on which the Solar Products have been purchased. If
applicable, Customer’s dealer or distributor will give advice
on handling the claim. If further assistance is required,
Customer is invited to write Shell Solar for instructions. The
return of any PV-modules will not be accepted unless prior
written authorization has been given by Shell Solar.
6. Severability
If a part, provision or clause of this Limited Warranty, 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, and to this end such
other parts, provisions, clauses or applications of this Limited
Warranty shall be treated as severable.
7. Disputes
No action, regardless of form, arising out of or in any way
connected with this Limited Warranty, may be brought by
the Customer more than one (1) year after the cause of
action has accrued.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS; YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
8. Various
The repair or replacement of the PV-modules or the supply
of additional PV-modules, does not cause the beginning
of new warranty terms, nor shall the original terms of this
Limited Warranty be extended. Any replaced PV-modules
shall become the property of Shell Solar. Shell Solar has
the right to deliver another type of PV-module (different
in size, color, shape and/or power) in case Shell Solar
discontinued producing the PV-module in question at the
time of the claim.
9. Force Majeure
Shell Solar shall not be in any way be responsible or liable
to the Customer or any third-party arising out of any non-
performance or delay in performance of any terms and
conditions of sale, including this Limited Warranty, due
to acts of God, war, riots, strikes, unavailability of suitable
and sufficient labor, material, die, or capacity or technical
or yield failures and any unforeseen event beyond its
control, including, without limitations, any technological or
physical event or condition which is not reasonably known
or understood at the time of the sale of the PV-modules or
the claim.
1
“Peak Power” is the power in watt peak that a PV-module
generates in its maximum power point. “STC” are as
follows (a) light spectrum of AM 1.5, (b) an irradiation
of 1,000 W per m² and (c) a cell temperature of 25
degrees Centigrade. The measurements are carried out in
accordance with IEC60904 as
tested at the junction box
terminals
per the calibration
and testing
standards of Shell
Solar valid at the date of manufacture of the PV-modules.
Shell Solar’s calibration standards shall be in compliance
with the standards applied by international institutions
accredited for this purpose.
SHELL SOLAR LIMITED WARRANTY FOR PV-MODULES
(“Limited Warranty”) – (U.S.)
General U.S. Version valid as of 1 August 2003
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