AgdaPkt 2015-03-23 Closed and Joint SA PFA

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8.A. - Page 85 SUNGROW 895 Edgeley Blvd.,Vaughan,ON L4K 4V9 Tel:(905)760-8618 Fax:(905)760-1158 9.0 LIMITS OF LIABILITY 9.1. This Warranty constitutes End-user's sole and exclusive remedy for claims against Sungrow in respect to defective or non- conforming Products hereunder and is in lieu of all other warranties,conditions,guarantees or representations from Sungrow relating to the products hereunder,whether oral or written,express or implied,statutory or otherwise,in contract,tort or otherwise,including without restriction,any warranties of merchantability or of fitness for a particular purpose,and any such warranty,condition,guarantee or representation is hereby excluded. In no event shall any claim,failure of any Product hereunder,or breach of this Warranty, render Sungrow,its affiliates,subcontractors or suppliers liable to End-user or its affiliates for indirect or consequential damages or loss of use associated with warranty claims for lost profits or loss of revenues,or any associated equipment,cost of capital,cost of substitute equipment,facilities,services or replacement power, downtime costs,claims of End-user's customers for such damages,or for any other special,consequential,incidental,indirect or exemplary damages. Sungrow's total liability for any and all warranty claims and costs under this Warranty shall not exceed the total amount of payments received by Sungrow for the product that is the subject of a claim. 10.0 WARRANTY CONTRACT EFFECTIVE DATE,APPLICATION AND VALIDITY 10.1.Present warranty contract conditions are valid as of the corresponding issue date and shall be applicable to all those Sungrow inverters and peripheral devices manufactured from the date onwards,and for which the said guaranty extension has been taken out,remaining valid until December of the year in force,for signed contract,or until the next issue change for the unsigned contracts. Sungrow reserves the right to make any changes and modifications, at no prior notice,for unsigned contracts in addition to the right to decide whether to accept new contracts or the annual contract renewal. 11.0 PRICE 11.1.For service not covered under this contract,a service personnel of Sungrow will charge 90 USD/hour in working days; 135 USD/hour in national holidays and weekend;the upper limited of a working day is 650 USD as well as the upper limited of a holiday is 1000 USD,including the time of travel from the closest maintenance station to the claimed device and return. 11.2.Sungrow reserves the right to adjust the prices. 12.0 PAYMENTTERMS 12.1.The payment for the service contract should be paid once within 30 working days after the date Sungrow's invoice issued Rev.Aug 2013