Customer or a third party or being otherwise
improperly manipulated, or
f.
of force majeure (in particular lightning, fire
or natural disaster). The insurance perfor-
mance pursuant to the SOLARWATT Full Co-
verage remains unaffected in this respect.
2.
Insignificant changes or changes in appearan-
ce, in particular bleaching and discoloration of
cells shall not constitute a Warranty claim event
pursuant to the Product Warranty pursuant to
Section B. The Performance Warranty pursuant
to Section C remains unaffected.
3.
The Warranty is furthermore excluded if the End
Cus-tomer manipulates or removes the serial
number or type plate of the Solar Module.
4.
The End Customer bears the burden of proof that
the Warranty has not been excluded due to the
aforemen-tioned reasons. This does not apply
to circumstances which lie within SOLARWATT‘s
sphere of responsibility or that of SOLARWATT’s
vicarious agents.
5.
The End Customer‘s Warranty claim is not valid if
the notification period set forth in Section G.3 is
exceeded unless the End Customer has not cul-
pably exceeded this notification period.
F
Transfer to a new owner
If the End Customer sells and transfers the title to the
Solar Module on, this warranty is transferred to the
new owner of the Solar Module to the extent of the
remaining Warranty Term. The respective new owner is
then considered the End Customer for the purposes of
these Warranty Conditions. In this event, this Warranty
expires for the prior End Customer.
G
Provisions on the assertion of Warranty claims
1.
Warranty claims have to be asserted in written
form and by submitting a copy of the original
delivery note or the original invoice issued by
the SOLARWATT product dealer, or other proof
of purchase. For this purpose, the End Customer
shall use the claim form for End Customers, avai-
lable at www.solarwatt.com.
Further documentation (e.g. photos or records)
shall be provided to SOLARWATT upon request
from SOLARWATT.
2.
The existence of a Warranty claim event due to
the spontaneous breakage of the glass without
any external influences or due to a reduced
output of a Solar Module must be verified by
an expert appraisal performed by SOLARWATT, a
third party commissioned by SOLARWATT or an
independent testing institute approved for mo-
dule certifications in accordance with IEC 61215.
3.
If an obvious Warranty claim event occurs, the
End Customer must bring a claim in respect of
this Warranty claim event as soon as possible
and in any event no more than three (3) months
after discovery of the Warranty claim event.
Claims received after this time may be conside-
red at SOLARWATT’s sole discretion.
Recognizable transport damages should be re-
ported using the claim form for transport dama-
ges, available from www.solarwatt.com.
H
Limitation of liability
1.
Any claims for damages or expenses against
SOLARWATT irrespective of the legal basis (con-
tract, tort or any other area of law) out of or in
connection with the Warranty pursuant to these
Warranty Conditions or Warranty services are
excluded. SOLARWATT shall in no event and ir
-
respective of the legal basis be liable to pay da-
mages to the End Customer for loss of profit or
revenue, loss of use, loss of data, cost of capital,
down-time costs, cost of substitute goods, pro-
perty damage external to the Solar Modules and
any damage or loss arising out of such damage
or any special, incidental, indirect or consequen-
tial damage. This also applies if such damage
occurs at a third party‘s premises. The insurance
performance pursuant to the SOLARWATT Full
Coverage remains unaffected in this respect.
2.
The aforementioned limitations of liability do
not apply if SOLARWATT is liable pursuant to
product liability law, in cases of willful intent,
gross negligence, injury to life, body or health,
or breach of material contractual obligations, i.e.
obligations that actually enable the proper exe-
cution of the contract in the first place and which
the End Customer can regularly and fully expect
PAGE 30 | SUBJECT TO CHANGE | © 2017 SOLARWATT GMBH | AZ-TM-PMS-0673 | REV 012 | STATUS: 08/2017