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shall promptly reimburse Customer for all invoices paid to
Sunsynk Ltd
on account of such
defective product(s) or service(s).
g)
Sunsynk Ltd’s
liability with respect to any product, including without limitation
Sunsynk
Ltd
obligation to repair or replace defective products or to re-perform defective services,
shall be excluded if (a) Customer fails to inspect products or services as required under
Section 6.4 of
Sunsynk Ltd’s
Terms & Conditions or elsewhere in those Terms, (b)
Customer fails to inform
Sunsynk Ltd
about defects as required under Sections 6.4 of the
Terms & Conditions or section (e) or (f) above or elsewhere in this Warranty document, (c)
Customer fails to observe product operating and maintenance instructions provided by
Sunsynk Ltd
, (d) any product or product part has been opened, modified, repaired,
processed, replaced or installed, or any other work has been performed in relation to or that
affects any product, by a non-certified or otherwise unauthorised person, (e) any other act
or omission has occurred that otherwise has resulted in a loss of product warranty.
h) In the event
Sunsynk Ltd
determines that an alleged product or services defect did not
exist or, if existed, was excluded from
Sunsynk Ltd’s
liability by
Sunsynk Ltd’s
Terms &
Conditions, Customer shall reimburse
Sunsynk Ltd
for all costs and expenses incurred by
Sunsynk Ltd
as a result of
Sunsynk Ltd’s
attempt to repair, replace or re-perform.
i)
Sunsynk Ltd
is not liable for product(s) damaged through installer error or installation error
regardless of the installer’s status of having attended or not attended the
Sunsynk Ltd
provided Certified Installer Training. Determination of warranty coverage is as set out in this
Warranty document, and at the discretion of the
Sunsynk Ltd
Service team.
j) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING
REMEDIES STATE
SUNSYNK LTD’s
SOLE AND EXCLUSIVE OBLIGATION AND YOUR
SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING LIMITED
WARRANTY.
10.6. Product Suitability
Sunsynk Ltd’s
products are designed to meet stated EU AND U.S. Safety Standards and
Regulations. Because local safety standards and regulations vary significantly,
Sunsynk Ltd
cannot guarantee that products meet all applicable requirements in each locality. Customer
assumes responsibility for compliance with such safety standards and regulations in the
localities in which a product will be shipped, sold or used. Before purchase and use of any
product, Customer shall review the product application, and national and local codes and
regulations, and must verify that the use and installation of the product will be in compliance
therewith.
10.7. Warranty Term
a) The warranty period (‘Warranty Period’) for the Covered Product commences upon the initial
purchase from
Sunsynk Ltd
or from an Authorised Dealer (as evidences by the purchase
invoice date).