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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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Last modified
3/24/2015 9:22:13 AM
Creation date
3/19/2015 4:55:14 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
3/23/2015
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8.A. - Page 99 <br /> T,L <br /> • <br /> rin solar CHANGZHOU TRINA SOLAR ENERGY CO.,LTD <br /> LIMITED WARRANTY FOR TRINA SOLAR BRAND CRYSTALLINE SOLAR PHOTOVOLTAIC MODULES <br /> PS-M-0020 Rey.P July 1,2014 <br /> specifying each alleged claim including evidence of the claims and the serial numbers of the <br /> Products) at issue. <br /> b) Any dispute on technical facts relating to claims brought under this Limited Warranty for defects <br /> of Products shall be determined by expert determination. Trina Solar and the Buyer will, at the <br /> Buyer's or Trina Solar's request, appoint as independent expert and appraiser a reputable <br /> researcher from a first-class international test-institute such as Fraunhofer ISE in Freiburg/ <br /> Germany, TUV (e.g. TUV Rheinland, TUV SUD or Shanghai TUV) or ASU Arizona State University, <br /> and so on ("Technical Expert"). The determination by such Technical Expert shall be final, <br /> conclusive, binding and enforceable in any proceeding brought hereunder. The Technical Expert <br /> shall (i) act as an expert; (ii) allow the parties a reasonable opportunity to make representations <br /> and counter-representations; (iii) take those representations and counter-representations into <br /> account; and (iv) if required by either party give written reasons for his or her determination. <br /> c) Any claim for breach of this Limited Warranty must be brought within two (2) months after <br /> discovery of the breach. <br /> • d) The return of any defective Product(s) will not be accepted unless prior written authorization <br /> has been given by Trina Solar. <br /> 8) Force Majeure <br /> Trina Solar shall not be responsible or liable in any way to the Buyer for any non-performance or <br /> delay in performance under this Limited Warranty due to occurrences of force majeure such as, war, <br /> riots, strikes, unavailability of suitable and sufficient labor, material, or capacity or technical or yield <br /> failures and any unforeseen event beyond its control, including, without limitation, any <br /> technological or physical event or condition which is not reasonably known or understood at the <br /> time of the sale of the defective Product(s) or the notification of the relevant warranty claim under <br /> this Limited Warranty. <br /> 9) Warranty Assignment <br /> This Limited Warranty is transferrable when the Products remain installed in their original <br /> installation location. <br /> 10) Validity <br /> This Limited Warranty shall apply to Product(s) <br /> a) manufactured after 1st of January 2014 and <br /> b) delivered to Buyer from 15`of July 2014(Incoterms 2010). <br /> This Limited Warranty shall be valid until a new revision is issued by Trina Solar. <br /> 11) No Other Express Warranty <br /> Page 6 of 7 <br /> Address: No.2 Trina Road,Trina PV industrial Park,New District,Changzhou,Jiangsu,P.R.China,213031 <br /> http://www.trinasolar.com Trina Customer Service Portal:http://customerservice.trinasolar.com Tel:0086-519-85485801, <br /> Fax:0086-519-85485936 <br />
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