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8.A. - Page 84
<br /> SUNGROW
<br /> 895 Edgeley Blvd.,Vaughan,ON L4K 4V9 Tel:(905)760-8618 Fax:(905)760-1158
<br /> 4.0 WARRANTY EXCLUSIONS
<br /> 4.1. This Warranty does not cover any defects or damages caused by:
<br /> a. Improper transportation and delivery
<br /> b. Failure to properly store the Product before installation
<br /> c. Improper installation
<br /> d. Use and application beyond the definition in user manual of the Product
<br /> e. Neglect,abuse,misuse,improper maintenance or lack of maintenance,as set forth in the Sungrow current Manual
<br /> f. Repairing,adjustment or alteration,not authorized in writing by Sungrow
<br /> g. Acts of nature such as fire,flood and lightning
<br /> h. Non-compliance with applicable regulations and standards
<br /> i. Voltage surge coming from PV array DC side or from grid AC side
<br /> 4.2. This warranty does not cover fuses,surge suppressors,filters,or cosmetic damages.
<br /> 4.3. This Warranty shall be void,if
<br /> a. Serial number of the Product has been altered or cannot be clearly identified
<br /> b. The Product is moved to a new location without written approval from Sungrow
<br /> c. The End-user fails to make any Product subject of a claim available for inspection,testing and correction
<br /> 5.0 FORCE MAJEURE
<br /> 5.1. Neither party(Sungrow or the End-user)shall be liable hereunder by reason of any failure or delay in the performance of its
<br /> obligations hereunder on account of acts of god or other cause which is beyond the reasonable control of such party and could
<br /> not have been avoided by the exercise of reasonable prudence,including but not limited to natural disasters(e.g.earthquakes,
<br /> floods,landslides),explosions,fire,destruction of machines,equipment,factories and of any kind of installation,prolonged
<br /> break-down of transport, telecommunication or electric current or other circumstances with comparable effects (e.g.
<br /> terroristic attacks,nuclear accidents,war,civil war or similar uprising,general strike,strike,lock-out).
<br /> 5.2. In the event of the occurrence of any force majeure event,the affected party shall notify the other party immediately in
<br /> writing of the invocation of this section, and each party's obligations hereunder to the other shall be suspended for the
<br /> duration of such force majeure event;provided,however,that the affected party shall be obligated to use its commercially
<br /> reasonable efforts to restore performance hereunder as soon as reasonably practicable,and provided,further,that if such
<br /> event continues for more than thirty(30)days in the aggregate in any six(6)month period,the non-affected party shall have
<br /> the right to terminate this agreement at any time upon written notice to the other party.
<br /> 6.0 END-USER'S OBLIGATIONS
<br /> 6.1. In order to receive the benefits of this Warranty,the End-user must use the product in a normal way;follow the Product's
<br /> current Manual;protect against further damage to the product if there is a discovered defect.
<br /> 6.2. End-user shall provide Sungrow Service personnel with access to the Site and any special instructions for access to the Site.
<br /> Sungrow shall have no liability in the event that access is not provided to the Site and End-user will he invoiced for any costs
<br /> incurred by Sungrow in the event an additional visit is required to the site due to lack of access.
<br /> 6.3. It is the End-user's responsibility to notify Sungrow of any hazards at the Site and assure that the Site is free from hazards or
<br /> obstructions,and that all safety precautions are followed at the Site.
<br /> 7.0 OTHER LIMITATIONS
<br /> 7.1. Sungrow's obligations under this Warranty are expressly conditioned upon receipt by Sungrow of all payments due to it
<br /> (including interest charges,if any).During such time as Sungrow has not received payment of any amount due to it for the
<br /> Product,in accordance with the contract terms under which the Product is sold,Sungrow shall have no obligation under this
<br /> Warranty.Also during such time,the period of this Warranty shall continue to run and the expiration of this Warranty shall not
<br /> be extended upon payment of any overdue or unpaid amounts.
<br /> 8.0 COSTS NOT RELATED TO WARRANTY
<br /> 8.1. The End-user shall be invoiced for,and shall pay for,all services not expressly provided for by the terms of this Warranty,
<br /> including without limitation,site calls involving an inspection that determines no corrective maintenance is required.Any costs
<br /> for replacement equipment, installation, materials, freight charges, travel expenses or labor of Sungrow representatives
<br /> outside the terms of this Warranty will be borne by the End-user.
<br /> Rev.Aug 2013
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