4) EXCLUSIONS AND LIMITATIONS
The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to
a)
Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on
the market provided that (i), the payment was due and (ii) the Buyer who has obtained the
modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the
purchase price or parts of the purchase price. Peimar must inform the Buyer about the non-
payment and provide the name and the full address of the Direct Customer which has failed to pay
the modules. In case that Peimar can reject the claim under this warranty based on this provision,
the Buyer can deposit the amount not paid in order to trigger the warranty claims;
b)
Failure to comply with Peimar’s installation manual applicable during the Validity of this Limited
Warranty pursuant to Sec 10;
c)
Service by service technicians who are not qualified under the relevant law and/or applicable
regulations at the place of installation;
d)
The Product's type, nameplate or module serial number is changed, erased or made illegible (other
than by any act or omission of Peimar);
e)
The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles,
ships or offshore-structures;
f)
Exposure to voltage in excess to the maximum system voltage or power surges;
g)
Defective components in the construction on which the module is mounted;
h)
exposure to mold discoloration or similar external effects;
i)
exposure to any of the following: extreme thermal or environmental conditions or rapid changes in
such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized
opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning
strike, earthquake), influence from chemical products or other acts beyond Peimar’s
reasonable
control (including damage by fire, flood, etc.);
5) REPAIR, REPLACEMENT OR REFUND REMEDY
a)
As Buyer’s sole and exclusive remedy under this Limited Warranty Peimar will, at its sole
discretion, either, with regard to the applicable:
i.
refund the purchase price of the relevant Product(s) annually reduced by a linear
depreciation, taking into account an anticipated life time of 30 years; or
ii.
repair the defective Product(s) at no charge (subject to the following paragraph); or
iii.
replace the defective Product(s) or part thereof by a new or remanufactured equivalent
at no charge (subject to the following paragraph).
In the event that Peimar opts for options ii) or iii), Peimar shall bear all insurance and
transportation charges (except air freight), customs clearance and any other costs for shipping the
repaired or replaced Product(s) to Buyer. The costs and expenses for the removal, installation,
return of the defective Product(s) to Peimar or reinstallation shall remain with Buyer.
a)
The warranty period(s) as defined in Sec. 2 a) and b) shall not extend or renew upon the repair or
replacement of a defective Product by Peimar. The warranty period for replaced or repaired
Product(s) is the remainder of the warranty on the original new Product(s).
b)
All other claims under this Limited Warranty against Peimar shall be excluded. Under this Limited
Warranty, Peimar is not responsible for any special, incidental or consequential damages (including
loss of profits, harm to goodwill or business reputation, or delay damages) whether such claims are
based in contract, warranty, negligence or strict tort. This exclusion applies to the extent
