Conergy SunEasy 1000, Руководство пользователя

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Conergy SunEasy Grid Connect Kit - User Manual
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Rev 0 - 0702
6.4 If within the warranty period applicable to a Product, as set out in
Conergy’s product catalogue any new Product sold by Conergy
is found to be defective in materials or workmanship, or does not
conform to any applicable drawings and specifications approved by
Conergy, then Conergy will, at its option, either repair or provide a
replacement part or Product provided that:
6.4.1 the Purchaser has given written notice to Conergy of any
alleged defect immediately and in any case not later than three
(3) days from the date of discovery of the defect;
6.4.2 the Purchaser has provided Conergy a reasonable opportunity
to perform all appropriate tests on the Product; and
6.4.3 the defective part or Product is promptly returned to a
designated Conergy service centre.
Any defective part or Product replaced will become Conergy property
and the repaired or new part or Product will be delivered free to the
Purchaser’s site.
6.5 No separate warranty will apply to repaired Products as a whole or to
parts not repaired or replaced by Conergy.
6.6 The warranties given by Conergy in clauses 6.2, 6.4 and 6.5 above do
not cover:
(a) fair “wear and tear” and failures or damage not reported to
Conergy within the warranty period;
(b) failures or damage due to misapplication, abuse, improper
installation or abnormal conditions of operation;
(c) failures or damage due to operation, either intentional or
otherwise, above or below rated capacities or in an otherwise
improper manner;
(d) failures or damage resulting from Products which have been
in any way tampered with or altered by anyone other than an
authorised representative of Conergy;
(e) Products damaged in shipment or without the fault of
Conergy; and
(f) failures or damage resulting from the incorporation of, or
failure of, non-Conergy manufactured or supplied parts in the
Products.
6.7 Conergy does not warrant any equipment of other manufacturers
which is designated by the Purchaser or purchased by Conergy for
resale to the Purchaser either separately or as a part of equipment
manufactured by Conergy. For such equipment, the warranty
established by the manufacturer of the equipment will apply.
6.8 When Conergy supplies Services to the Purchaser, Conergy will
exercise its best skill, competence and experience to undertake the
Services.
6.9 Conergy’s liability under clauses 6.2, 6.4 or 6.5 will in no event exceed
the cost of replacing or repairing the Products sold or supplying the
Services again.
6.10 The benefits conferred by the warranties in clauses 6.2, 6.4 or 6.5 are
in addition to all other rights and remedies in relation to the Products
and the Services supplied or performed by Conergy which the
Purchaser has under the Trade Practices Act and similar state and
territory laws, and the exceptions and limitations in clauses 6.2, 6.4 or
6.5 do not apply to such statutory rights and remedies.
6.11 Where the Trade Practices Act or similar state or territory legislation
implies into these Terms and Conditions any term, condition or
warranty, and that legislation avoids or prohibits provisions in a
contract excluding or modifying them, then the term, condition or
warranty shall be deemed to be included in these conditions of
sale provided that Conergy’s liability for a breach of any such term,
condition or warranty, including any consequential loss which the
Purchaser may sustain, will be limited, at the option of Conergy, to
either replacing or repairing the Products or, in the case of Services,
to supplying the Services again.
6.12 Except as expressly set out in these Terms and Conditions, and
subject to clause 6.11:
6.12.1 all conditions, warranties, terms, undertakings, representations
and obligations, whether expressed or implied, and whether
arising under statute, common law, equity, custom, trade
usage or otherwise (including any implied condition, warranty,
term or representation as to the use of the Products, their
weight, dimensions, capacities, colours or the correspondence
of the Products with any contract description or as to
merchantable quality, fitness for any purpose or safety of the
Products, or operating performance where such performance
is conditional on empirical factors or on the whole installation
or on the individual or overall operation or on the skills of an
operator), whether made known or not and any liability of
Conergy to compensate or indemnify any person or persons
in respect of the foregoing, are expressly negatived and
excluded; and
6.12.2 in no event will Conergy be liable for any:
6.12.2.1 expenses incurred by the Purchaser in an attempt to
repair or rework any allegedly defective Product or
Service;
6.12.2.2 losses, costs, expenses, liabilities and damages
(including loss of profits, liabilities of the Purchaser
to its customers or third persons, and any other
consequential damages), whether direct or indirect
and whether or not resulting from or contributed to
by the default or negligence of Conergy, its agents,
employees and sub-contractors, which might be
claimed as the result of the use or failure of the
Product sold or the Services supplied.
6.13 In the event that Conergy provides the Purchaser defective assembly
instructions preventing the orderly assembly of a Product, Conergy
will provide the Purchaser with effective assembly instruction and
Conergy expressly excludes all other liability in relation to such an
occurrence.
7. Indemnity
7.1 Subject to clause 14, the Purchaser indemnifies and holds Conergy
harmless from and against all liabilities, losses, damages, costs or
expenses incurred or suffered by Conergy and from and against all
actions, proceedings, claims or demands made against Conergy,
arising in either case as a result of:
7.1.1 the Purchaser’s failure to comply with any laws, rules,
standards or regulations applicable in relation to the Products
or the use of the Products;
7.1.2 any use of the Products contrary to any instructions or
warnings given by Conergy;
7.1.3 any other negligence or any breach of duty by the Purchaser;
7.1.4 any compliance or adherence by Conergy with any
instructions by the Purchaser in relation to the Products or
their manner of preparation; or
7.1.5 any failures resulting from the incorporation of, or failure of,
non-Conergy manufactured or supplied parts in the Products.
8. Intellectual Property Rights
Conergy is the owner of certain patents and registered designs as well as
other intellectual property rights, including copyright, and other technical,
business or similar information (including all designs, documents and
other materials relating to the Products) created by Conergy (together the
“Intellectual Property Rights”). The Purchaser must not directly or indirectly
manufacture or purchase from any third party the subject matter of the
Intellectual Property Rights or in any way infringe the Intellectual Property
Rights. The Intellectual Property Rights remain at all times the exclusive
property of Conergy.
. Confidentiality
The Purchaser must keep these Terms and Conditions confidential and
must not disclose details of them to any third party without Conergy’s
prior written consent. The Purchaser agrees not to copy or disclose to
any third party any drawings, price details, any other technical papers or
any documents marked or identified as “confidential” supplied by Conergy
under these Terms and Conditions.
10. Drawings and Specifications
All drawings and specifications, descriptions and other documents attached
to any quotation are for tendering purposes only, and will not form the
basis nor be part of any contract between Conergy and the Purchaser.
Conergy retains ownership of the copyright and all other intellectual and
industrial property rights in all drawings, specifications, manuals and other
documentation provided to the Purchaser, and all such documents must be
returned to Conergy on demand.