AgdaPkt 2015-03-23 Closed and Joint SA PFA

Browse Search

8.A. - Page 97 Trinasolar CHANGZHOU TRINA SOLAR ENERGY CO.,LTD LIMITED WARRANTY FOR TRINA SOLAR BRAND CRYSTALLINE SOLAR PHOTOVOLTAIC MODULES PS-M-0020 Rev. P July 1,2014 a) As Buyer's sole and exclusive remedy under this Limited Warranty (though Buyer should note paragraph 5(d) below regarding the potential existence of other statutory rights and paragraph 5(e) below for Australian Buyers) Trina Solar will,at its sole discretion, either, with regard to the applicable Product (or component thereof in the case of Mounting Product): i) refund the historical purchase price of the relevant Product(s) annually reduced by a linear depreciation,taking into account an anticipated life time of 25 years; or ii) repair the defective Product(s) at no charge (subject to the following paragraph); or iii) replace the defective Product(s) or part thereof by a new or remanufactured equivalent at no charge(subject to the following paragraph). In the event that Trina Solar opts for options ii) or iii), Trina Solar shall bear all insurance and transportation charges (except air freight), customs clearance and any other costs for returning the defective Product(s)to Trina Solar and shipping the repaired or replaced Product(s)to Buyer (a Buyer may claim reimbursement by Trina for these charges by providing proof to Trina Solar that these charges were incurred, e.g. an invoice from the relevant service provider). The costs and expenses for the removal, installation or reinstallation shall remain with Buyer. b) The warranty period(s) as defined in Sec. 2 a) and b) shall not extend or renew upon the repair or replacement of a defective Product by Trina Solar. The warranty period for replaced or repaired Product(s) is the remainder of the warranty on the original new Product(s). c) All other claims under this Limited Warranty against Trina Solar shall be excluded. Under this Limited Warranty, Trina Solar is not responsible for any special, incidental or consequential damages (including loss of profits, harm to goodwill or business reputation, or delay damages) whether such claims are based in contract, warranty, negligence or strict tort. This exclusion applies to the extent permissible by law, and even if the remedies set forth below herein are deemed to have failed of their essential purpose. d) YOU MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS WARRANTY, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THIS LIMITED WARRANTY DOES NOT AFFECT ANY ADDITIONAL RIGHTS YOU HAVE UNDER LAWS IN YOUR JURISDICTION GOVERNING THE SALE OF CONSUMER GOODS, INCLUDING WITHOUT LIMITATION, NATIONAL LAWS IMPLEMENTING EC DIRECTIVE 99/44 OR PURSUANT TO THE MAGNUSON MOSS WARRANTY ACT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS LIMITED WARRANTY STATEMENT MAY NOT APPLY. e) The following statement applies to customers that are 'consumers' within the meaning of the Australian Consumer Law: "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired Page 4 of 7 Address:No.2 Trina Road,Trina PV Industrial Park,New District,Changzhou,Jiangsu,P.R.China,213031 http://www.trinasolar.com Trina Customer Service Portal:http://customerservice.trinasolar.com Tel:0086-519-85485801, Fax:0086-519-8S485936