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Warranties
Quality Solar warrants the
Renewable Energy System and Services against defects in workmanship and
materials provided by Quality Solar for a period of five years following
completion. Quality Solar shall repair or replace, at Quality Solars
option, any defective equipment after notice from Owner. Owner agrees
that the warranties for major system components, including but not limited
to such items as photovoltaic module(s), generator(s), inverter(s) and
related electric components, and for the battery system are provided by
the manufacturers of these components and agrees to the standard terms
of the warranties provided by those manufacturers.
During the five-year warranty
period, Quality Solar warrants that each and every component of the system
will produce at least 90% of its rated output under test conditions appropriate
for that item. (For example, a solar PV module would be rated at Standard
Test Conditions). This warranty on equipment performance does not include
a guarantee of weather-related performance, such as annual energy output.
All warranties of Quality Solar
shall be void with regard to defects or damage caused by the negligence
of Owner or the failure of Owner to operate or maintain the System in
accordance with prudent practices.
Limitations
The express limited warranties set forth herein are in lieu of and exclude
all other express or implied warranties, including but not limited to
warranties of merchantability and of fitness for particular purpose, use
or application. To the extent permitted by applicable law, neither Quality
Solar nor any of its affiliates, officers, owners, directors or agents
shall have no responsibility or liability whatsoever for damage, injury
or losses to persons or property, or for other loss or injury whatsoever
arising out of or related to the product, including without limitation
any defects in the solar modules and frame assemblies or related structures,
or from use or installation. Under no circumstances shall Quality Solar
be liable for incidental, consequential or special damages, howsoever
caused even if Quality Solar is made aware of such losses in advance.
Quality Solar's total liability, if any, in damages or otherwise, shall
not exceed the payment, if any, received by Quality Solar for the unit
of products or services furnished or to be furnished, as the case may
be, which is the subject of claim or dispute.
Some jurisdictions
do not allow limitations on implied warranties or the exclusion or limitation
of damages, so the above limitation of damages or exclusions may not apply
to you.
Severability
If a part, provision or clause of the terms and conditions of sale, or
the application thereof to any person or circumstances, is held invalid,
void or unenforceable, such holding shall not affect, and shall leave
all other parts, provisions, clauses or applications of the terms and
conditions remaining in full force and effect, and such remaining terms
and conditions shall be treated as severable.
Disputes
No action, regardless of form, arising out of or in any way connected
with the products or services furnished by Quality Solar may be brought
by the customer or purchaser more than one (1) year after the cause of
action has occurred.
THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS; AND YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
Jurisdiction
The State of California is the jurisdiction for determining the location
and law for administration of this warranty.
Force Majeure
Neither party shall be in any way responsible or liable to the other party,
or to any third party, arising out of non-performance or delay in performance
of the terms and condition of sale due to the acts of God, war, riots,
strikes, unavailability of suitable and sufficient labor, material, or
capacity, technical or yield failures and any unforeseen event beyond
its control, including, without limitations, any technological or physical
event or condition which is not reasonably known or understood at the
time of sale.
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