Limited Warranty - srs
Contents
1. ANDA Modules that have been authorized for return by Yingli Solar shall be shipped to a local Customer Service Center as designated by Yingli Solar In the event that a claim is rejected by Yingli Solar the Claimant is entitled to challenge the results by appealing to an accredited testing laboratory EXCLUSIVE REMEDIES LIMITATION OF LIABILITY The Limited Product and Limited Power Warranties set forth herein shall be the sole and exclusive warranties granted by Yingli Solar and shall be the sole and exclusive remedies available to the Customer or other Claimant for any breach of warranty express or implied Provision of remedies in the manner and for the periods described herein shall constitute complete fulfillment of all liabilities and responsibilities of Yingli Solar to the Customer and each other Claimant with respect to the PANDA Modules IN NO EVENT WILL YINGLI SOLAR BE LIABLE FOR ANY CONSEQUENTIAL INCIDENTAL SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THE PANDA MODULES OR THEIR INSTALLATION USE PERFORMANCE OR NON PERFORMANCE OR ANY DEFECT OR BREACH OF WARRANTY WHETHER BASED ON CONTRACT WARRANTY NEGLIGENCE STRICT LIABILITY OR ANY OTHER THEORY DAMAGES FOR LOSS OF USE LOSS OF PROFITS LOSS OF REVENUES AND LOSS OF PRODUCTION ARE SPECIFICALLY DISCLAIMED Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you UNDER NO CI2. RCUMSTANCES SHALL YINGLI SOLAR S LIABILITY FOR NONCONFORMING PANDA MODULES EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PARTICULAR PANDA MODULES INVOLVED PLUS REASONABLE TRANSPORTATION COSTS VALIDITY This Limited Warranty applies to all PANDA Modules dispatched from Yingli Solar factories after October 1st 2011 This limitation of the validity is not applicable to consumers in terms of lit 3E hereinbefore MISCELLANEOUS If any part or provision of this Yingli Solar PANDA Module Limited Warranty or the application thereof to any person or circumstance is held invalid void or unenforceable such holding shall not affect any other parts provisions or applications of this Yingli Solar PANDA Module Limited Warranty which shall remain in full force This Limited Warranty is available in multiple languages If for any reason there is a conflict between the English language version and any other version the English language version shall control Yingli Green Energy Holding Co Ltd YINGLISOLAR COM NYSE YGE T OFFICIAL SPONSOR ADF Brasil Yingli Green Energy Holding Co Ltd WD LEGAL YGE PANDA EN DE 201205 v04
3. YINGLI SOLAR PANDA MODULE Limited Warranty Revision Date Oct 1st 2011 Yingli Green Energy Holding Company Limited Yingli Solar provides the following Limited Product Warranty and Limited Power Warranty collectively the Limited Warranty with respect to its photovoltaic module products PANDA Modules subject to the conditions exclusions and limitations set forth below 1 LIMITED PRODUCT WARRANTY Yingli Solar warrants to the original end user purchaser the Customer that the PANDA Modules shall be free from defects in materials and workmanship under normal application use and service conditions during the period beginning on the earlier of the date the PANDA Modules were purchased by the Customer or one 1 year from factory dispatch the Warranty Start Date and ending ten 10 years after such Warranty Start Date If a PANDA Module fails to conform to this Limited Product Warranty during this ten year period Yingli Solar will at its reasonable option either a repair or replace the defective PANDA Module at no charge to the Customer for replacement modules or parts or b provide the Customer with a refund equal to the current market price of a comparable PANDA Module at the time of the Customer s claim This Limited Product Warranty does not warrant a specific power output which shall be exclusively covered under the Limited Power Warranty below 2 LIMITED POWER WARRANTY A 1 Year Yingli Sola
4. dition that is not reasonably known or understood at the time the Customer purchased the PANDA Modules e Installation on mobile platforms or in a marine environment direct contact with corrosive agents or salt water pest damage or malfunctioning PANDA system components and other operating conditions which are not expressly allowed in the Installation and User Manual e Alteration removal or obliteration of the original PANDA Module label In addition the Limited Warranty does not cover cosmetic blemishes associated with installation or the normal wear and tear of PANDA Modules The Limited Warranty does not cover PV Module installation and removal of defective PV Modules or reinstallation of repaired replacement or additional PV Modules or the costs of any of the foregoing if however the Claimant is a consumer i e spends 50 or more of the energy produced by the PV Modules for his or her own consumption Yingli will compensate an amount of 50 EUR per photovoltaic system and claim for removal and reinstallation of the PV modules as well as 10 EUR for each product affected The Limited Warranty does not cover any other costs lost profits or lost revenues associated with the performance or non performance of defective PV Modules provided however that for accepted warranty claims Yingli Solar shall be responsible for reasonable costs on a typical local standard associated with transporting defective repaired replacement or ad
5. ditional PV Modules from and back to Claimant Any additional PANDA Modules provided and any PANDA Modules repaired or replaced by Yingli Solar under a warranty claim shall be covered by the same Limited Warranties and terms as the first PANDA Modules purchased that were the subject of the claim no warranty periods or terms shall be extended because of a warranty claim or remedy Yingli Solar shall make commercially reasonable efforts to replace defective PANDA Modules with new or refurbished PANDA modules of the same or similar size and aesthetics but reserves the right to deliver another PANDA Module type in the event that Yingli Solar has discontinued production of the PANDA Module type that is the subject of the warranty claim provided that such other PANDA Module type is compatible to the Customer s PANDA System Replaced PANDA Modules and parts shall become the property of Yingli Solar To obtain warranty service the Customer or other Claimant should promptly contact the seller from which they purchased the PANDA Modules who will then provide instructions and forms for filing the claim If such seller no longer exists or cannot be reached the Customer or other Claimant may contact Yingli Solar directly as indicated through our website www yinglisolar com Yingli Solar will not accept the return of allegedly defective PANDA Modules unless prior written authorization has been provided by Yingli Solar Unless otherwise indicated P
6. ditions Yingli Solar will remedy such decrease in power by at its reasonable option either a replacing or repairing the defective PANDA Module at no charge to the Customer for replacement modules or parts b providing Customer with additional PANDA Module s to make up for such decrease in power so that the power output equals or exceeds the 92 Threshold provided it is possible for the Customer to mount YINGLISOLAR COM G2 w X K OFFICIAL SPONSOR FIFA WORLD CUP Brasil such additional PANDA Module s or c refunding the difference between the actual power output of the PANDA Module and the 92 Threshold based on the current market price of a comparable PANDA Module at the time of the Customer s claim C 25 Years Yingli Solar further warrants that if within twenty five 25 years after the Warranty Start Date any PANDA Module exhibits a power output less than 82 of the nominal power output for that PANDA Module as specified on its original product label the 82 Threshold and if such decrease in power below the 82 Threshold is determined by Yingli Solar to be due to defects in materials or workmanship under normal application use and service conditions Yingli Solar will remedy such decrease in power by at its reasonable option either a replacing or repairing the defective PANDA Module at no charge to the Customer for replacement modules or parts b providing Customer with additional PANDA Module s to ma
7. ke up for such decrease in power so that the power output equals or exceeds the 82 Threshold provided it is possible for the Customer to mount such additional PANDA Module s or c refunding the difference between the actual power output of the PANDA Module and the 82 Threshold based on the current market price of a comparable PANDA Module at the time of the Customer s claim D For purposes of determining PANDA Module power output measurements shall be based on or normalized to standard test conditions of 1000W m2 irradiance 25 C cell temperature and AM 1 5 light spectrum Measurements shall be made in accordance with IEC 60904 and shall account for measurement system error in accordance with EN 50380 GENERAL CONDITIONS EXCLUSIONS AND LIMITATIONS A THE LIMITED WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER EXPRESS WARRANTIES IN NO EVENT SHALL ANY IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD IDENTIFIED IN SECTIONS 1 OR 2 ABOVE Some states or other deciding jurisdictions do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you This warranty gives you specific legal rights and you may also have other rights which vary from state to state No seller of the PANDA Modules nor any other person is authorized to make any warranties other tha
8. n those set forth herein or to extend the duration of the Limited Product or Limited Power Warranties beyond the periods set forth above on behalf of Yingli Solar B Claims under the Limited Warranty must be received by Yingli Solar within the applicable warranty period for the Limited Warranty to be effective The sales receipt from the first Customer purchase or other reasonable documentary proof is required in order to establish the Warranty Start Date C The Limited Warranty extends only to the original Customer and if and so long as the PANDA Modules remain installed at the site where they were first installed any person to whom title to the PANDA Modules has been transferred each a Claimant YINGLI SOLAR PANDA MODULE Limited Warranty D The Limited Warranty does not apply to any PANDA Modules which 4 OBTAINING WARRANTY SERVICE have been subjected to e Alteration repair or modification without the expressed prior written consent of Yingli Solar e Removal of PANDA Modules and reinstallation at a new site e Non observance of Yingli Solar s Installation and User Manual e Misuse abuse neglect or accident in storage transportation handling installation application use or service e Electrical surges lightning flood fire vandalism tampering accidental breakage mold discoloration or other events beyond Yingli Solar s control including without limitation any technological or physical event or con
9. r further warrants that if within one 1 years after the Warranty Start Date any PANDA Module exhibits a power output less than 98 of the nominal power output for that PANDA Module as specified on its original product label the 98 Threshold and if such decrease in power below the 98 Threshold is due to defects in materials or workmanship under normal application use and service conditions Yingli Solar will remedy such decrease in power by at its reasonable option either a replacing or repairing the defective PANDA Module at no charge to the Customer for replacement modules or parts b providing Customer with additional PANDA Module s to make up for such decrease in power so that the power output equals or exceeds the 98 Threshold provided it is possible for the Customer to mount such additional PANDA Module s or c refunding the difference between the actual power output of the PANDA Module and the 98 Threshold based on the current market price of a comparable PANDA Module at the time of the Customer s claim B 10 Years Yingli Solar further warrants that if within ten 10 years after the Warranty Start Date any PANDA Module exhibits a power output less than 92 of the nominal power output for that PANDA Module as specified on its original product label the 92 Threshold and if such decrease in power below the 92 Threshold is due to defects in materials or workmanship under normal application use and service con
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