(1) In any event, all warranty claims must be received within the applicable warranty
period for this warranty to be effective.
(2) The “Limited Product Warranties” and the ”Limited Peak Power Warranties” do not
apply to any Product(s) which have been subjected to:
Misuse, abuse, neglect or accident;
Alteration, improper installation or application;
Non-observance of Phono Solar’s installation manual;
Impairments caused by external effects, such as e.g., dirt stains, smoke, damages
caused by salt, by chemicals not explicitly authorized for use, e.g. for cleaning. Repair
These warranties as set forth herein are expressly in lieu of and exclude all other
warranties of any kind whatsoever, whether express or implied, including but not
limited to warranties of merchantability, of fitness for particular purpose, use, or
application, of non-infringement and all other obligations or liabilities on the part of
Phono Solar, unless such other obligations or liabilities are expressly agreed to in
writing signed and approved by Phono Solar to the broadest extent permitted by law.
Phono 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(s), including, without limitation, any defects in
the Product(s), or from use or installation. Under no circumstances shall Phono Solar
be liable for any special punitive, incidental, or consequential damages, howsoever
caused, including but not limited to loss of use, loss of profits, loss of production, or
loss of revenues, arising, directly or indirectly from the sale or use of any Product(s),
whether such claim is based on warranty, contract, negligence, strict liability or
otherwise, Phono Solar´ s aggregate liability, if any, in damages or otherwise, shall not
exceed the invoice value as paid by the Customer, for the single unit of Product(s)
involved. The rights and limitations herein shall leave unaffected any legal rights
12
13
Stability / Reliability / Creativity
3
Exclusions and Limitations
4
Limitation of Warranty Scope
If, within a period of Twenty Five (25) years from the date of delivery by Phono Solar
to the Customer any Product exhibits a power output less than 80% of the minimum
“Peak Power at STC”1 as specified as of the Phono Solar´s product label, provided
that such loss in power is determined by Phono Solar (at its sole and absolute
discretion) to be due to defects in material or workmanship, Phono Solar will, at its
sole option, either
(1) replace such loss in power by either (a) providing additional Product(s) to the
Customer to make up for such loss in power or (b) replacing the defective Products(s)
at the option of Phono Solar or
(2) refund the percentage of the cost of the Product(s)(as measured by the then
prevailing market price for similar Product(s) to the Customer representing the
percentage of the power output less than 80% the minimum “Peak Power at STC”1 as
specified as of the Phono Solar’s product label.
The remedies set forth in this clause 2 shall be the sole and exclusive remedies
provided under the “Limited Peak Power Warranty”
Twenty Five (25) years
or modifications by someone other than an approved service technician of Phono Solar;
Power failure surges, lightning, flood, fire, accidental breakage or other events out
of Phono Solar’ s control;
Caused by external events including but not limited to defective equipment parts,
appliances, system components like, connecting cables, invertors, or the like, which
have been coupled with the Module by anyone other than Seller, or caused by
defective system design, configuration, or installation planning;
Removal of Modules and reinstallation at a new site;
Installation on mobile platforms or in a marine environment; direct contact with
corrosive agents or salt water; pest damage; or malfunctioning system components;
Alteration, removal or obliteration of the original Module label;
Other events that are reasonably beyond the control of Phono Solar.
(3) Both the “Limited Product Warranties” and “Limited Peak Power Warranties” do
not cover any costs associated with installation, removal or re-installation of the
PV-modules and (except as explicitly set forth in the final paragraph of Section 5)
customs clearance or any other costs for return of the Product(s); .
(4) Both the “Limited Product Warranties” and “Limited Peak Power Warranties” do not
cover cosmetic blemishes associated with installation, or the normal wear and tear of
Phono Solar Modules.
loss in power is determined by Phono Solar (at its sole and absolute discretion) to be
due to defects in material or workmanship, Phono Solar will, at its sole option, either
(1) replace such loss in power by either (a) providing additional Product(s) to the
Customer to make up for such loss in power or (b) replacing the defective Products(s)
at the option of Phono Solar or
(2) refund the percentage of the cost of the Product(s) (as measured by the then
prevailing market price for similar Product(s) to the Customer representing the
percentage of the power output less than 90% the minimum “Peak Power at STC”1 as
specified as of the Phono Solar’s product label.
The remedies set forth in this clause 2 shall be the sole and exclusive remedies
provided under the “Limited Peak Power Warranty”.
