Limited Warranty for Solar Panel/module

1. Limited Product Warranty – Five Years Repair, Replacement or Refund Remedy

Hysoocled Ltd warrants its Photovoltaic Solar Panel , including factory-assembled DC connectors and cables, if any, to be free from defect in materials and workmanship under normal application, installation, use and service conditions. If Solar Panel fail to conform to this warranty, during the period ending 5 years from the date of sale as shown in the invoice to the first consumer customer of the Hysoocled product ( CUSTOMER ), Hysoocled will, at its option, either repair or replace the product, or refund the purchase price as paid by the CUSTOMER. The repair or replacement or refund remedy shall be the sole and exclusive remedy provided under the “Limited Product Warranty” and shall not extend beyond the 5 years period .

2. Limited Peak Power Warranty - Limited Remedy

10 years 
If, within a period of ten ( 10 ) years from the date shown in the invoice to the CUSTOMER any Solar Panel exhibits a power output less than 90 % of the minimum “Peak Power” as specified at the date of invoice in Hysoocled Product Information Sheet, provided that such loss in power is determined by Hysoocled ( at its sole and absolute discretion ) to be due to defects in material or workmanship, Hysoocled will replace such loss in power by either providing additional Solar Panel to the CUSTOMER to make up for such loss in power, or by replacing the defective Solar Panel at the option of Hysoocled. 
25 years 
If, within a period of twenty-five (25) years from the date shown in the invoice to the CUSTOMER any Solar Panel with a Nominal Power of at least exhibits a power output less than 80% of the minimum “Peak Power ” as specified at the date of invoice in Hysoocled Product Information Sheet, provided that such loss in power is determined by Hysoocled (at its sole and absolute discretion ) to be due to defects in material or workmanship, Hysoocled will replace such loss in power by either providing additional Solar Panel to the CUSTOMER to make up for such loss in power or replacing the defective Solar Panel, at the option of Hysoocled. 
The remedies set forth in this clause 2 shall be the sole and exclusive remedies provided under the “Limited Peak Power Warranty”. 
3. Exclusions and Limitations 
(1) In any event, all warranty claims must be filed within the applicable warranty period. 
(2) The “Limited Product Warranties” and the ”Limited Peak Power Warranties” do not apply to any Solar Panel which have been subjected to: 
�� Misuse, abuse, neglect or accident; 
�� Alteration, improper installation or application; 
�� Non-observance of Hysoocled installation and maintenance instructions; 
�� Repair or modifications by someone other than an approved service technician of Hysoocled; 
�� Power failure surges, lighting, flood, fire, accidental breakage or other events outside Hysoocled control. 
(3) Both, the “Limited Product Warranties” and “Limited Peak Power Warranties” do not cover any transportation charge, customs clearance or any other costs for return of the Solar Panel, or for reshipment of any repaired or replaced Solar Panel, or costs associated with installation, removal or reinstallation of the PV-modules. 
(4) Warranty claims will not be honored if the type or serial number of the Solar Panel have been altered, removed or made illegible.

4. Limitation of Warranty Scope

These “Limited Warranties for Solar Panel” as set forth herein are expressly 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, and all other obligations or liabilities on the part of Hysoocled, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Hysoocled. Hysoocled shall have no responsibility or liability whatsoever for damage or injury to persons or property, or for other loss or injury resulting from any cause whatsoever arising out of or related to the Solar Panel, including, without limitation, any defects in the Solar Panel, or from use or installation. Under no circumstances shall Hysoocled be liable for incidental, consequential or special damages, howsoever caused. Loss of use, loss of profits, loss of production, and loss of revenues are specifically and without limitation excluded. Hysoocled aggregate liability, if any, in damages or otherwise, shall not exceed the invoice value as paid by the CUSTOMER, for the single unit of Solar Panel.

5. Obtaining Warranty Performance

If the CUSTOMER feels a justified claim covered by this “Limited Warranties for Solar Panel”, an immediate notification directly to Hysoocled shall be filed by mailing a [registered/certified] letter in writing to the address of Hysoocled listed hereunder, or, sending an email letter to the email account of Hysoocled listed hereunder. Together with the notification, the CUSTOMER should enclose the evidence of the claim with the corresponding serial number of the Solar Panel and the invoice on which the Solar Panel have been purchased. 
The return of any Solar Panel will not be accepted unless prior written authorization has been given by Hysoocled.
6. Severability

If a part, provision or clause of this “Limited Warranty for Solar Panel”, or the application thereof to any person or circumstance, is held invalid, void or unenforceable, such holding shall not affect and shall leave all other parts, provisions, clauses or applications of this “Limited Warranty for Solar Panel”, and to this end such other parts, provisions, clauses or applications of this “Limited Warranty for Solar Panel” shall be treated as severable.

7. Disputes

In case of any discrepancy in a warranty-claim, a first-class international test-institute such as Fraunhofer ISE in Freiburg/ Germany, TÜV Rheinland in Cologne/ Germany or ASU Arizona State University shall be involved to judge the claim finally. All fees and expenses shall be born by the losing party, unless otherwise awarded. The final explanation right shall be borne by Hysoocled.

8. Various

The repair or replacement of the Solar Panel or the supply of additional Solar Panel, does not cause the beginning of new warranty terms, nor shall the original terms of this “Limited Warranty for Solar Panel” be extended. Any replaced Solar Panel shall become the property of Hysoocled made for their disposal. Hysoocled has the right to deliver another type ( different in size, color, shape and/or power ) in case Hysoocled discontinued producing the replaced Solar Panel at the time of the claim.

9. Warranty Transfer

This warranty is transferable when the product remains installed in its original location at the warranty registration.

10. Force Majeure

Hysoocled shall not be responsible or liable in any way to the customer or any third-party arising from any non-performance or delay in performance of any terms and conditions of sale, including this "Limited Warranty for Solar Panel", due to acts God, war, riots, strikes, warlike conditions, plague or other epidemics, fire, flood, or any other similar cause or circumstance beyond the reasonable control of such Hysoocled. In such cases, performance by Hysoocled of this Limited Warranty shall be suspended without liability for the period of delay reasonably attributable to such causes.

11. Validity