24.03.2017
ASSEMBLY AND OPERATING MANUAL DEGERtracker D60H, D80, D100
Page 34
10 Declaration of obligation on liability for material defects
DEGERtracker 3000NT, 5000NT, 6000NT, 9000NT, 3000HD, D60H, D80, D100, TOPtracker 8.5, TOPtracker
40NT
You have purchased a product that was subject to meticulous examination before it was delivered. Nevertheless, in the event that the
DEGERtracker supplied by us does display any defects then the scope of our liability for defects shall be as follows (valid from 1st
September 2014):
Liability for Defects
DEGERenergie GmbH & Co. KG grants a 2-year period for any claims for defects to be asserted. This period starts with the delivery from
the factory. DEGERenergie GmbH & Co. KG offers to replace the defective parts free of charge where any justified claims are received in
this period.
For the entire steel construction DEGERenergie GmbH & Co. KG offers extended liability for defects of 20 years against rust-through
starting with the delivery from the factory. Where a defect arises the contract partner of DEGERenergie GmbH & Co. KG is obligated to
inform DEGERenergie GmbH & Co. KG immediately by sending a fault report (part of the assembly instructions) by fax to: +49 (0)7451 539
1410 or by e-mail to: [email protected], stating the system serial number.
Proof
A fault report completed in full and stating the system serial number is considered as proof with any claim for defects (see Liability for
Defects). The defective assembly part must be sent to DEGERenergie GmbH & Co. KG for examination with a copy of the fault report. The
type plate and the serial number on the equipment must be completely legible. There must be no changes present or made to the original
delivery condition and no mechanical damage (cut cables, damaged terminals, etc.). DEGERenergie GmbH & Co. KG will decide on its
liability for defects following an examination of the assembly part sent.
Terms and Conditions
Once the spare part is received, the damaged part must be returned to DEGERenergie GmbH & Co. KG in its original packaging or at least
in equivalent transport packaging within 30 days. The return shipment has to be adequate post-paid. Freight collect packets will not be
accepted. In the event that the return has not taken place in the described time frame, all parts will be inevitably and irrevocably due for
payment.
Where there is a defect in the contractual item and DEGERenergie GmbH & Co. KG is responsible for this, then DEGERenergie GmbH &
Co. KG shall be under an obligation to repair the damaged part or replace it with a spare part, unless DEGERenergie GmbH & Co. KG is
entitled to refuse the supplementary performance on account of statutory regulations.
Any replacement of individual parts within the defect period does not give rise to an extension to the validity period neither for the liability for
defects in the system nor for the replaced spare part.
The contract partner of DEGERenergie GmbH & Co. KG must grant the latter a reasonable period for the supplementary performance.
DEGERtracker that are standardized with a wind guard are only allowed to be operated in association with a suitable wind guard which
brings the solar module area into the horizontal position in the event of a storm. This must be assembled in accordance with the
specifications in the assembly instructions. It must be ensured that this wind guard is available and fully functional at all times.
Liability Disclaimer
DEGERenergie GmbH & Co. KG is not liable for any damage that arises as a consequence of improper operation by the contract partner, in
particular if the module area is dimensioned too generously. The maximum module area that can be installed can be seen in the module
layout plan sent with the order confirmation from DEGERenergie GmbH & Co. KG.
Where permissible under the law then DEGERenergie GmbH & Co. KG shall not be liable for material damage and financial loss (e.g. lost
buyback price) which result from a defect in the tracking system.
Open area systems: Under the provision under "Liability for Defects", DEGERenergie GmbH & Co. KG is not liable for any extra costs (e.g.
use of crane, skylift, etc.) that arise from using higher masts than the standard version.
Building integration: Under the provision under "Liability for Defects", DEGERenergie GmbH & Co. KG is not liable in particular for any extra
costs (e.g. use of crane, skylift, etc.) that arise from erecting masts on buildings.
In addition DEGERenergie GmbH & Co. KG is not liable for:
- defects that arise from unintended use
- defects that arise from the use of third-party components, e.g. the mounting profile
- defects that arise through changes to the mechanics and/or electronics
- defects that arise on account of a force majeure event (lightning strikes, surges, severe storm, fire, etc.)
- defects that arise through the module area being too large in derogation from the module layout plan (depending on the installation
location, installation height, etc.)
- defects that arise through interventions, changes or repair attempts that have been made
- defects that arise through a failure to follow the information in the assembly and operating manual.
In all other respects our General Terms and Conditions for Deliveries and Services shall additionally apply, version: September 2014
DEGERenergie GmbH & Co. KG
The German version of this declaration is legally binding.
Industriestrasse 70
Translations into other languages serve only for a better comprehension.
D - 72160 Horb a.N.
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(Hünkar Korkmaz, CEO)
